ARTICLE 4 - STATEMENT OF WORK (SPECIAL)
(m) Environmental Management.
The Association shall support the DOE's Environmental Management
(EM) Program in accordance with DOE program guidance letters and
approved project baselines in areas such as:
(1) Storage, treatment, and disposal
of all regulated waste streams generated on site or existing from
previous operations.
(2) Construction and maintenance of facilities
to provide adequate protection of the public, employees, the environment
and Government-owned materials, facilities, and equipment.
(3) Implementation of waste minimization
and pollution prevention initiatives.
The environmental management program
shall be conducted in a manner which leads to increasing DOE,
regulatory, and public confidence in cleanup and waste management
efforts. Program elements will include: (A) implementing appropriate
project management systems to track progress, maintain regulatory
compliance, and increase cost effectiveness of work activities;
(B) developing integrated plans and schedules for incorporating
input from DOE, regulators, and other stakeholders in cleanup
activities; © maintaining technical depth to propose and
manage cleanup activities effectively; and (D) implementing appropriate
cleanup technologies to reduce costs and improve performance.
(n) In recognition that the safety and
health of workers and the public and the protection and restoration
of the environment are fundamental responsibilities which URA
assumes for work performed under this contract, URA shall:
(1) Use its best efforts to prevent serious
injuries and/or fatalities and prevent worker exposures and environmental
releases in excess of established limits.
(2) Establish specific environmental,
safety, and health performance indicators for activities which
are the basis for measuring progress toward continuous improvement.
(3) Establish clear environmental, safety, and health priorities and commitments and manage activities in proactive ways that effectively increase protection to the environment and to public and worker safety and health.
(4) Reduce ES&H risks by identifying,
prioritizing, and eliminating hazards from site activities.
(5) Carry out all activities in a manner
that complies with applicable human health, safety, and environmental
laws and regulations; minimizes wastes; and complies with applicable
regulatory requirements and the approved set of ES&H Necessary
and Sufficient (N&S) standards.
(6) Conduct Integrated Safety Management
and adhere to the Department's Integrated Safety Management Guiding
Principles. These guiding principles are listed below:
(I) Line Management Responsibility
for Safety. Line Management is responsible for the protection
of the public, the workers, and the environment.
(ii) Clear Roles and Responsibilities.
Clear and unambiguous lines of authority and responsibility for
ensuring safety are established and maintained at all organizational
levels.
(iii) Competence Commensurate with
Responsibilities. Personnel possess the experience, knowledge,
skills, and abilities that are necessary to discharge their responsibilities.
(iv) Balanced Priorities. Resources
are effectively allocated to address safety, programmatic, and
operational considerations. Protecting the public, the workers,
and the environment is a high priority to be balanced against
others whenever activities are planned and performed.
(v) Identification of Safety Standards
and Requirements. Before work is performed the associated
hazards are evaluated and an agreed-upon set of safety standards
and requirements are established which, if properly implemented,
provide adequate assurance that the public, the worker, and the
environment are protected from adverse consequences.
(vi) Hazard Controls Tailored to
Work Being Performed. Administrative and engineering controls
to prevent and mitigate hazards are tailored to the work being
performed and associated hazards.
(vii) Operations Authorization.
The conditions and requirements for operations are to be clearly
established and agreed-upon.
(viii) Integrate the Safety Management
System with their business processes for work planning, budgeting,
authorization, execution and change control.
ARTICLE 72 - ENVIRONMENT, SAFETY AND
HEALTH (SPECIAL) (DEVIATION)
(a) The Contractor shall take all reasonable
precautions in the performance of the work under this contract
to protect the environment, the safety and health of employees,
and the safety and health of members of the public.
(b) The Contractor shall:
(1) Comply with the environmental protection,
safety and health standards identified in the Necessary and Sufficient
Set ("the Set") contained in Appendix J to this contract,
initially identified and approved in accordance with the "Charter
for the Department of Energy/Fermilab Standards Closure Process"
("Charter") dated 3/31/95, including Attachment A thereto:
draft "Department of Energy Closure Process for Necessary
and Sufficient Sets of Standards," dated 2/24/95). The Set
is in lieu of DOE ES&H directives which otherwise would be
applicable to performance of this contract under Article 80, Laws,
Regulations and DOE Directives.
(2) Identify and inform the Contracting
Officer, in writing, of any inconsistencies among these standards
which would affect or preclude the Contractor's ability to perform
its work, and bring such inconsistencies to the attention of the
Contracting Officer;
(3) Continue to maintain management systems
that ensure that the agreed-upon standards are implemented.
(4) Implement internal environmental protection and safety and health performance evaluation and corrective action systems to provide Laboratory management with a continuing assessment of the adequacy and implementation of these management systems and a mechanism for assuring that system deficiencies are corrected. The results of such evaluations shall be made available to DOE.
© The Contractor, within 60 days
after the effective date of this contract or the modification
incorporating this clause, shall submit to the Contracting Officer
for review and approval an Environment, Safety, and Health Management
Plan, including nuclear safety, where appropriate. This management
plan shall be in accordance with written guidance provided by
DOE as it may be periodically revised. The Contractor shall annually
submit an updated management plan to the Contracting Officer for
review and approval reflecting budget decisions and contractor
commitments for implementation in the budget execution year.
Revisions to the management plan shall be subject to the change
control process(es) established for the facility(ies) management
by the Contractor.
(d) The Parties shall endeavor to keep
apprised of changes to standards in the Set. Subject to paragraphs
(b)(2) and (f) of this Article, changes to any standard in the
Set shall be addressed as follows:
(1) If the standard is a requirement
applicable by law, the changed standard shall supersede the standard
in the Set and become the new standard, effective immediately.
(2) If the standard is not required by
law, the Contractor may substitute the changed standard, including
a modification of an internal standard, with notice to the Contracting
Officer if the change does not affect the level of protection.
If the change in the standard does affect the level of protection,
the change requires the approval of the Contracting Officer.
(3) The Contracting Officer may direct (I) substitution of a changed standard or (ii) modification of an internal standard, unless, within 30 days from receipt of notification of the change from the Contracting Officer, the Contractor submits the matter to the Agreement Parties for a decision. If the Agreement Parties determine that the modified standard is necessary, the Contractor shall take all appropriate measures to comply with the change in the standard.
(e) The Parties shall review and revalidate
the Set periodically. The Necessary and Sufficient closure process
may be re-initiated by any Agreement Party upon a determination
that the existing set is no longer appropriate due to changes
in mission, activity, degree of hazard, performance expectation,
or knowledge. Approval of any revised Set shall be by the Agreement
Parties, and Appendix J will be revised accordingly (whether
or not by formal modification to this contract).
(f) The Contractor and Contracting Officer
shall identify and, if appropriate, agree to, any changes to contract
terms and conditions, including cost and schedule, associated
with a change to the Set or to a standard in the Set.
(g) The Contractor may at any time seek an exception, exemption, waiver, or variance from, or propose an equivalent alternative to, all or part of any standard in the Set, and with respect to all or part of the activities under this contract, by submitting a request to the Contracting Officer. The Contracting Officer shall be responsible for taking any necessary and appropriate action to seek relief from any standard which is required by law.
(h) In the event that the Contractor
determines it is not in compliance with, or cannot comply with,
any standard in the Set, the Contractor shall notify, in writing,
the Contracting Officer of such actual or anticipated noncompliance
and shall propose the corrective action to be taken. After receipt
of authorization from the Contracting Officer, the Contractor
shall, within a reasonable time agreed upon by the Parties, take
the agreed upon corrective action.
(I) The Contractor shall include in all
of its subcontracts involving performance of work at the site,
provisions requiring subcontractors to comply with the Contractor's
environment, safety and health standards. However, such provisions
in the subcontracts shall not relieve the Contractor of its obligation
to assure compliance with the provisions of this clause for all
aspects of the work.
(j) If at any time during the performance
of the contract work, the Contractor's acts or failure to act
may cause substantial harm or an imminent danger to public or
worker safety or health, or to the environment, or the Contractor
fails to take the corrective action approved in accordance with
paragraph (g) above, the Contracting Officer may, without prejudice
to any other legal or contractual rights of DOE, issue an order
stopping all or any part of the work; thereafter, a start order
for resumption of the work may be issued at the discretion of
the Contracting Officer. The Contractor shall make no claim for
an extension of time or adjustment of its fixed fee or damages
by reason of, or in connection with, such work stoppage.
(k) For purposes of this Article, the term "Agreement Parties" means the President, Universities Research Association, Inc.; the Director, High Energy Physics Division, Office of Energy Research DOE; and the Fermi Group Manager, Fermi Group.
Performance Measures
Objective 1:
Empowerment and training of workers and implementation of other
necessary actions to prevent serious work-related injuries and
fatalities and to minimize exposures to radiation.
Measure 1.1:
Injury Cost Index for Fermilab employees during fiscal year. (Note:
Values may differ from calendar year injury cost index values.)
Cost Index = 100(1,000,000 D + 500,000 T + 2,000 LWC +
1,000 WDL + 400 WDLR + 2,000 NFC) divided by total work-hours.
Where:
D is the number of fatalities.
T is the number of permanent transfers or terminations due to occupational illness or injury.
LWC is the number of lost workday cases.
WDL is the number of days away from work.
WDLR is the number of restricted duty days.
NFC is the number of non-fatal
cases without days away from work or restricted workdays.
Measure 1.2:
Total effective dose equivalent (TEDE) received by personnel at
Fermilab during the fiscal year measured in person-rem. This measure
includes all individuals whose dose equivalent exceeds 20 mrem
in any calendar quarter. Note: Doses may differ from calendar
year doses.
Calculation of the metric was
based on a benchmark weighted TEDE average of the most recent
three years of fixed target operations and the anticipated total
proton intensities to be delivered to the Switchyard for fixed
target operations.
Objective 2:
Minimization of wastes
and promotion of recycling.
Measure 2.1:
This measure is a weighted average of waste volumes shipped for
disposal from Fermilab, intended to capture performance
in reducing the volume of three very different types of waste
as follows:
a. Regulated Chemical Waste
(RCW) is waste regulated by RCRA, TSCA, or Illinois Special
Waste regulations. Wastes from environmental remediation are excluded
from calculation in the measure. Wastes generated from major projects
will be excluded from the metric below; however, the Contractor
will take proactive steps to reduce the waste volume generated
from major projects and recycle where practicable.
b. Low-level Radioactive Waste
(LLRW) is waste that is radioactive, according to release
criteria agreed upon by DOE and Fermilab. Large items generated
from major one-time projects or clean-ups are excluded from calculation
in the measure.
c. Other Solid Waste (OSW)
is waste disposed of through the site-wide disposal (dumpster)
contract, including normal domestic solid waste and construction
debris other than that generated by sub-contractors whose contracts
include waste disposal.
The measure is calculated according to the following equation:
where a, b, and c are percentage
reductions calculated by comparing annual waste volumes for each
type to the moving average of the three previous annual volumes
for that waste type.
The numerical parameters were determined by considering the relative importance of risk, opportunity for improvement, and typical annual volume for each of the three waste types. Risk was presumed to include economic cost, compliance vulnerability, and environmental hazards. The coefficients are the normalized weights of the sum of the three (see table below).
| Risk | |||
| Improvement | |||
| Volume | |||
| Normalization | |||
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