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Purpose Companys Safety, Health and Environment management regulation shall be applied at sub contract terms between Our Company and sub-cons for leveling HSE management standard up and enhancing the efficiency of management. 2. Scope Be applied for all projects which are relevant to subcontracts. 3. Contents of Terms and Conditions Contents General obligations Safety Cost HSE Management system PTW Work Suspension Safety Infringement Description required HSE Remarks GTC or STC RFP

To obligate management standard. To obligate the submitted bidding breakdown including Safety management fee (if requested by contractor for bidding). To obligate Global standard, such as ISO14001 and OHSAS18001, shall be implemented. To obligate the Permit before starting main dangerous work. To obligate immediate corrective action when discovering dangerous fact(s) (training within 1 hours) Right of contract revocation according to responsibility when accident occurred.


RFP: Request for Proposal GTC (STC): General (Special) Terms and conditions 4. Terms and Definitions No. Terms Definitions Conditions and factors that affect, or could affect, the health and safety of employees, temporary workers, contractor personnel, visitors or other workers in the workplace. NOTE: Organizations can be subject to legal requirements for the health and safety of persons who are present in the workplace or exposed to the workplace activities. Process of evaluating the risk arising from a hazard, taking into account the adequacy of any existing control means, and deciding whether the risk is acceptable Process of recognizing that a hazard exists and of defining its characteristics A short presentation to the workforce on a single aspect of health and safety. An incident where no injury, ill health, or fatality occurs may

Health and Safety

2 3 4 5

Risk Assessment Hazard Identification Tool Box Meeting (TBM) Near Miss



Definitions also be referred to as a near miss or near hit Part of an organizations management system used to develop and implement its HSE policy and manage its HSE risks NOTE 1: A management system is a set of interrelated elements used to establish policy and objectives and to achieve those objectives. NOTE 2: A management system includes organizational structure, planning activities (including, for example, risk assessment and the establishment of objectives), responsibilities, practices, procedures, processes and resources. The permit-to-work is a documented procedure that authorizes certain people to carry out specific work within a specified time frame. It sets out the precautions required to complete the work safely, based on a risk assessment. It describes what work will be done and how it will be done; (HSE, Health Safety Executive) Work-related event in which an injury or occupational ill health (regardless of severity) or accident occurred, or could have occurred NOTE 1: An accident is an incident leading to injury, ill health or death. NOTE 2: An incident where no injury, ill health, or death occurs may also be referred to as a near-miss or dangerous occurrence. NOTE 3: An emergency situation is a particular type of incident.

HSE Management system

Permit to work (PTW)


5. Terms and Conditions for Sub Contract Clause HSE Terms and Conditions The Subcontractor shall: (a) Comply with all applicable safety regulations, (b) Take care for the safety of all persons entitled to be on the site. (c) Use reasonable efforts to keep the site and works clear of unnecessary obstruction so as to avoid danger to these persons. The Subcontractor shall comply with all the relevant Vietnam Labor Laws applicable to the Subcontractors Personnel, including of ensuring the recruited employee are capable in their working age, from and over 18 years old, laws relating to their employment in written labor contract, health check report, safety, welfare, labor accident insurance, immigration and emigration, and shall allow them all their legal rights.

General Obligation

General Obligation (Labor Laws)


HSE Terms and Conditions The Subcontractor shall require and ensure that his employees obey all applicable Laws, including those concerning safety at work and provide all the PPEs as legal and Constructors requirements to the workers working at the jobsite (See the appendix for PPEs requirements). The Subcontractor shall at all-times take all reasonable precautions to maintain the health and safety of the Subcontractors Personnel in accordance with all applicable Labor Laws, the requirements of all Authorities and the Contractors Policies.

General Obligation (Health and medical service)

In collaboration with local health Authorities, the Subcontractor shall ensure that first aid facilities, sick bay and other services are available at all times at the Site and at any accommodation for Subcontractors Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics. Furthermore, the Subcontractor shall ensure theirs employees got medical checkup when recruiting and recheck up yearly and submitted all records to Contractor. The Subcontractor shall appoint accident prevention safety officer(s) at the Site, responsible for maintaining safety and protection against accidents, regular safety inspections, hazard identification and risk assessments. Such officer shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the works, the Subcontractor shall provide whatever is required by such officer to exercise his responsibility and authority. Subcontractors shall be responsible for purchasing equipment insurance such as tower crane, hoist, excavator, crane (For equipment leasing subcontractor and other equipment brought to site) and submit to Contractor before start working.

General Obligation (HSE Personnel)

Furthermore, ensuring all construction equipment as General Obligation mentioned shall be certified by competent agency and (construction equipment) effective safety verification certification during construction period. Moreover, the equipment operator shall be qualified by competent agency. The following documents shall be submitted to Contractor prior to work execution: (a) Equipment Insurance (b) Equipment Inspection Certificate


HSE Terms and Conditions (c) Driver License (Operators Certificate) (d) Driver's Identification Certificate Every Subcontractors personnel shall participate in daily Tool Box Meeting (hereinafter, referred to as TBM) following the procedure stipulated by the Contractor. The Subcontractor shall document and maintain TBM records and submit them to the Contractor when requested by the Contractor. The Subcontractor shall comply and cooperate with the Contractor to conduct the following HSE related activities. (a) Periodic HSE training (b) Periodic HSE Inspection (c) Fire prevention and response drills (d) Emergency evacuation drills (e) Other HSE related activities The Subcontractor shall report to the Contractor details of any accident on or near the Site or in connection with the execution of the Works, as soon as possible and, in any event within 24 hours after its occurrence, provided that in case of any fatality or serious accident, the Subcontractor shall immediately notify the Contractor by the quickest available means. The Subcontractor shall maintain accident and near miss accident records and submit such reports to the Contractor whenever requested by the Contractor. Subcontractor shall fully participate into process of execution in case of incident occur to theirs workers and engineers and other subcontractor by cooperating first aid, transport victim to hospital, investigation cause of accident with authority, compensate to the victim for treatment and the other support for compensation the lost and health recovery. The Subcontractors Contract price shall include all costs and expenses required to comply with the safety requirements. The Subcontractor shall submit to the Contractor safety installations and facility plan including detail estimate of safety cost 7 days before the commencement of the construction and obtain Contractors approval prior to such commencement. In case of variation of the scope and/or the method of the construction Subcontractor shall submit to the Contractor the revised and/or amended plan 7 days before the construction and attain Contractors approval prior to commencement of construction pursuant to such revised and/or amended plan. The Subcontractor shall document and maintain details of the

General Obligation (TBM)

General Obligation (Safety Activity)

General Obligation (Accident Reporting and Handling)

Safety cost


HSE Management system

HSE Terms and Conditions Safety cost execution record complying with procedure stipulated in the Subcontract or instructed by the Contractor and when requested by the Contractor submit it to the Contractor for contractors approval. The Subcontractor shall comply and cooperate with Safety, Health and Environmental management system (ISO 14001 and OHSAS18001) requirements. In order to meet above requirements, the Subcontractor shall follow the Contractors HSE Management System. The Subcontractor shall submit to the Contractor a work permit covering the following items, for works that additional hazard management is required under the Contractors Permit To Work Policy or instructed by the Contractor, 2 days prior to commencement of the work for Contractors approval: (a) Designate a safety manager to administer the hazardous work (b) Work safety procedure including Job Safety Analysis and safety work Plan (c) Employee protective equipment provision plan(or Results) (d) Employee training plan (or Results) (e) Safety Inspection plan Hazardous works which require permission and/or approval of the Contractor shall be in accordance with the Contractors Permit To Work Policy. The Contractor will conduct daily patrol, when detecting dangerous situations through site patrol, stop work immediately and tackle risk factors, train for workers and then to allow to continue work.

PTW (Permit To Work)

HSE Immediate Improve System

The subcontractor shall follow the HSE instruction, and allow his violated workers to attend the training.

One-out and three-out system

The subcontractor shall commit to comply with the One-out and three out policy in written, and the workers as well shall made the commitment to fully follow these system when they


HSE Terms and Conditions are working at the jobsite. Items of one-out and three-out: One-out items: Immediately sending off the one having unsafe action might be direct reason of accident.

Three-out items: sending off when violate the content besides one-out over 3 times

Observation/pointing out: minor violation besides one out and three out

The Contractor will conduct periodic inspections on the provision of safety measures, including HSE Immediate Improve Program and One-Out, Three-Out System. The Subcontractor shall immediately rectify any contravention or non-compliance safety measures specified, commented and/or instructed by the Contractor. The Subcontractor shall immediately suspend the work for rectifying safety measures when Contractor demands and/or instructs. In case of the work suspension, the Subcontractor shall apply safety measures that comply with the safety regulations and

Work Suspension


HSE Terms and Conditions the Subcontractors personnel shall conduct and/or have safety training according to the number of times pointed out, as follow: (a) Once: Work Team, 1 hours. (b) Twice: Subcontractor, 30 minutes. If the numbers of suspensions due to contravention or noncompliance safety measures case are more than 2 times, the Contractor has, without any liability, rights to terminate the Contract with such Subcontractor. In case of Suspension under this Clause, the Subcontractor shall not be entitled to any claim for compensation or extension of Time for Completion. If the contravention or non-compliance is not rectified immediately by the subsequent inspection, the Contractor may, at its sole discretion, execute safety measures on behalf of Subcontractor and in which case the Contractor shall be entitled to deduct any and all costs or expenses incurred therefrom from any money or payment due or to be due to the Subcontractor. The Contractor has the rights to terminate a subcontract with such Subcontractor for any of the following type of incidents occurring in the course of or arising out of or in consequence of the Works: (a) Fatal accident, if the Contractor or Competent Authority is of the opinion that the accident is the result of the defaults, acts, omissions or negligence, in part or in whole, of the Subcontractor; (b) Accident injuring a person or persons, if the Contractor or Competent Authority is of the opinion that the accident is the result caused by employer (subcontractor). (c) Other accident which the Subcontractor or Competent Authority is of the opinion that the accident is the result of failure of the Subcontractor to provide necessary and sufficient safety measures.

Safety Infringement

Annex I: PPEs requirements 1. Workers PPEs

Safety helmet

Reflective vest

Labors uniform (long sleeves and pants)

Safety shoes

2. PPEs Standard Types of PPEs Work regulation Quality standard

Head protection

Safety helmet

Wearing whole time on site

TCVN 6047:1998

Ear protection Ear plug

Job arising noise (chipping)

Welding work Leather gloves

TCVN 1841:1976

Chemical exposing work Robber gloves Hand protection Cutting, grinding and bending work Cloth gloves

TCVN 1841:1976

TCVN 1841: 1976

High voltage work Insulating gloves

TCVN 8084: 2009

Safety shoes Foot protection

Wearing whole time on site TCVN 7652:2007

Casting and Safety boots excavation works

Fall protection

Full body harness

Work at height >2m (erection, painting,)

TCVN 7802-1:2007

Safety belt

Toxic protection Respirator and mask

Painting, chemical exposing and confined space

QCVN 10:2012, BLTBXH

Cutting, grinding, bending work

TCVN 5082:1990

Face and eyes protection

Face mask & goggles

Welding work, cutting by gas, acetylene Face mask and radiation filter goggles

TCVN 5083:1990

Body protection

Wearing whole time on site

Item XXII, list of personal protective equipment for employees with job related high risk, harm, Decision 68/2008/QBLTBXH


Labor uniform

Annex II: Construction Equipment Requirements 1. APPLICATION SCOPE: This standard to be applied to all equipment for lifting work and the other works conducted by heavy equipment or dangerous vehicle relating to installing, assembling, dismantling, excavation, erection at construction site, including hoist, tower crane (T/C), crawler cranes, railway cranes, kicker cranes, cantilever cranes, pioneer cranes, piling machine and the other heavy equipment (excavators, bulldozers, forklifts, rollers, etc.) provided by equipment leasing subcontractor. This standard also be applied to all equipment which subcontractor used for their scope of work at construction site. 2. REFERENCE: 2.1 Circular 32/2011/TT-BLTBXH, Nov 14, 2011, guiding the technical verify of occupational safety of machinery, equipment, materials with strict requirements on occupational safety. 2.2 TCVN 4244:2005, lifting device, design, manufacture and technical inspection. 2.3 QCVN 7: 2012, safe work of lift appliance. 2.4 TCVN 7549-1:2005, crane using safely, Part 1: general requirement. 3. TERM AND DEFINITION: 3.1 Lifting equipment: equipment being used to lift, move and down materials (TCVN 4244:2005). 3.2 Safety verification: checking, trial, analyzing of inspection agency to evaluate safety condition of heavy and strict safety requirements for machinery, equipment, materials of labor safety, occupational health as regulation of government labor safety standard, occupational health (Circular 32/2011/TT-BLTBXH). 3.3 Safety technical verification means the technical operation under a process of verifying to evaluate and certify the compatibility of technical safety status of an equipment which is specified in the technical regulations or technical standards (Circular 32/2011/TT-BLTBXH). 4. HEAVY EQUIPMENT REQUIREMENTS: 4.1 General requirements:

4.1.1 For leasing T/C and hoist: subcontractor shall ensure the using period of equipment must not exceed 5 years (effective from the manufacturing date) for the equipment imported from Korea and new for equipment from China. 4.1.2 For the other leasing lifting equipment (crawler cranes, railway cranes, kicker cranes, cantilever cranes, pioneer cranes, piling machine): subcontractor shall ensure the term of equipment must not exceed 15 years (effective from the manufacturing date) 4.1.3 The others equipment used for construction works (excavator, roller, bulldozer, forklift, etc.) being rental or belonged to subcontractor shall ensure the term of equipment must not exceed 15 years (effective from the manufacturing date). 4.1.4 Any severity and fatal accident caused by equipment shall be not allowed to use. 4.1.5 Subcontractor must submit the COCQ (certificate of origin and certificate of quality) equipment to site before installing, assembling. 4.1.6 For leasing lifting equipment, subcontractor shall be responsible for arranging for original inspecting and term of equipment at your warehouse and be responsible for the verification fee, evaluating upon requested inspector conducting the equipment test. 4.2 Legal requirement: prior to equipment installing, subcontractor is requested to submit documentation and records as following: 4.2.1 Lifting equipment: a) The technical profile of manufacturing or spare parts, include: The general information record; the electrical selection, hydraulic or compression; the durability and stability of lifting equipment or equipment history. The overall drawing with the size and main parameter. The drawing of principle operation and the technical features of the electrical transmission system, hydraulic, or compression, control device and safety equipment layout. The steel structure's drawing. The drawing of cluster of lifting equipments structure, the load cable diagram. The special parts producing process. The load test and inspection process. The assembling and operating safety instruction. b) The safety working statement (installing, working, maintaining and dismantling). c) The equipment insurance and EAR (Erection All Risks) insurance (for all equipment). d) Safety verification record (after installing). e) Safety verification certificate (5 days later from receiving inspection record). f) The operators certificate (license). g) The signal mans safety training certificate. h) The maintenance workers certificate and got safety training, be issued safety card (repairing, welding, electrical and lifting work). i) The labor contract of operator. j) The health check record of operator. k) The workmen compensation insurance (WCI) of operator. l) The frequency permit license and broadcasting device (walkie-talkie). 4.2.2 The others equipment used for construction: prior equipment being brought to site, subcontractor is requested to submit documentation and records as following:

a) b) c) d)

Safety verification certificate and record. The equipment insurance. The operators certificate (license). The WCI (Workmen Compensation Insurance) and health check record of operator.

4.3 General requirement of inspecting, repairing, maintaining equipment: 4.3.1 For leasing lifting equipment: a) Subcontractor shall complied fully the specification and installation instruction of equipment as the profile of origin technique. b) The technique profile of equipment shall be got safety inspection by the competent agency as the part of equipment repairing, replacing for converting c) Subcontractor shall be responsible for assigning technician with fully capable and got safety training to check, fix and maintain as following: Daily checking Weekly checking Monthly checking Subcontractor shall be responsible to report the regularly checking result to site at least 2 days after checking date. Subcontractor shall be responsible for quickly repairing and replacing the damaged accessories for operating in safe. In case of subcontractor not be irreplaceable accessories, arising cost for repairing, replacing which are carried out by site, the compensation will be charged to subcontractor. Any delay of progress caused the equipment malfunction shall be responsible by subcontractor. 4.3.2 For the others leasing equipment: Subcontractor shall be responsible for maintenance, replacement in case of equipment malfunction be found during working period. 4.4 Requirement for inspection agency: 4.4.1 The lifting equipment leasing must be verified by the competent agency as specifying directly under MOLISA (Ministry of Labor, Invalid and Social Affair) or DOLISA (Department of Labor, Invalid and Social Affair) 4.4.2 The competent agency as list below for reference: CENTER FOR INSPECTION OF INDUSTRIAL SAFETY TECHNIQUES NO.1 Address: No. 2, Ngo Thi Nham St., Hoan Kiem Dist., Ha Noi City Phone No.: (04) 3943.8049 Fax: (04) 3822.5401 Website: Email: CENTER FOR INSPECTION OF INDUSTRIAL SAFETY TECHNIQUES No.2 Address: No. 168, Hai Ba Trung St., Da Kao Ward, Dist. 1, Ho Chi Minh City Phone No.: (08) 3827.5301 3827.5302 3827.5303 Fax: (08) 3827.5300 CENTER FOR INSPECTION OF INDUSTRIAL SAFETY TECHNIQUES NO.3 Address: No. 97, Quang Trung St., Thach Thang Ward, Hai Chau Dist., Da Nang City Email:;

HO CHI MINH SAFETY AUDIT AND TRAINING CENTER Address: 153A Xo Viet Nghe Tinh St., Ward 17, Binh Thanh Dist., HCM City Phone No. (Fax): 08.3514.0223 3840.2699 Website: