F-446-6-1 VENDOR - CONTRACTOR HSE AGREEMENT -

FINAL.DOC

VENDOR/CONTRACTOR HSE AGREEMENT

Site / Project Name

Project Number

Vendor/Contractor Name (Mandatory)

Social Security Registration Number

On Behalf of the Employer (DPM TSUMEB) On Behalf of the Vendor/Contractor

DPM Tsumeb hereby delegates these duties to you I, the Responsible Manager, on behalf of the
according to this agreement to ensure that the Vendor/Contractor, by my signature on this
Company complies with the required duties and document, certify that I am authorised to bind my
requirements of the Law. organization (the Vendor/Contractor) in respect of
this agreement & that the organization shall bear
responsibility for adherence to all laws applicable
and to the agreed contract work and particularly for
the full & proper implementation of this document
or any other HSE instructions given by DPM Tsumeb
without exception.
Authorised Name Authorised Name

Signature Signature
THE EMPLOYER - DULY AUTHORISED THE VENDOR/CONTRACTOR - DULY AUTHORISED
Above to be fully completed by all parties - EMPLOYER and VENDOR/CONTRACTOR -
This Contract is 18 pages including the Introduction and the covering page.
This document is an integral part of the commercial Sub Contract Agreement signed between both parties.

Organisational Unit Dundee Precious Metals Tsumeb

Director of HSE 2017.08.31 Electronically

Authorised
Responsible Manager Approved
Name: Benadicta Uris Date Signature

Page Document Number & Title Version Revision Date Author(s) Reviewed Approved Date printed: 2017/08/31
1 of 18 F-446-6-1 VENDOR - CONTRACTOR HSE AGREEMENT - Uncontrolled when Printed
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1. WRITTEN AGREEMENT ON SAFETY, HEALTH & ENVIRONMENT .........................................................................................4

2. SCOPE................................................................................................................................................................................4
3. DEFINITIONS......................................................................................................................................................................4
.4 DPM TSUMEB’S HSE COMMITMENT ..................................................................................................................................6
5. DPM TSUMEB HSE POLICY .................................................................................................................................................6
6. HSE RESPONSIBILITIES .......................................................................................................................................................6
8. AUTHORITY TO STOP WORK ..............................................................................................................................................7
9. WARRANTY OF COMPLIANCE ............................................................................................................................................7
10. MANDATORY AND EMPLOYER ......................................................................................................................................8
11. HSE APPOINTMENTS .....................................................................................................................................................8
12. FAMILIARIZATION WITH HAZARDS ................................................................................................................................8
13. SITE AND AREA SPECIFIC HSE INDUCTION .....................................................................................................................8
14. VENDOR/CONTRACTORS TOOLBOX TALKS ....................................................................................................................9
15. DPM TSUMEB IN-HOUSE SITE-BASED TRAINING ...........................................................................................................9
16. THIRD PARTY TRAINING ................................................................................................................................................9
18. SUPERVISION, DISCIPLINE, REPORTING & INCENTIVES ..................................................................................................9
19. ACCESS TO LEGISLATION ...............................................................................................................................................9
20. CO-OPERATION ........................................................................................................................................................... 10
21. WORK PROCEDURES ................................................................................................................................................... 10
22. HSE MEETINGS ............................................................................................................................................................ 10
23. COMPENSATION REGISTRATION ................................................................................................................................. 11
25. MEDICAL EXAMINATIONS ........................................................................................................................................... 11
26. FIRST AID AND PARAMEDIC FACILITIES ....................................................................................................................... 11
29. INCIDENT REPORTING AND INVESTIGATION ............................................................................................................... 12
30. VENDOR/CONTRACTOR’S SUB VENDOR/CONTRACTORS ............................................................................................ 12
31. SECURITY AND ACCESS ................................................................................................................................................ 12
32. FIRE PRECAUTIONS AND FACILITIES ............................................................................................................................ 13
33. HOUSEKEEPING, HYGIENE AND CLEANLINESS ............................................................................................................. 13
34. WELFARE FACILITIES .................................................................................................................................................... 13
35. WASTE MANAGEMENT ............................................................................................................................................... 13
36. NO NUISANCE ............................................................................................................................................................. 14
38. INTOXICATION NOT ALLOWED .................................................................................................................................... 14
39. PERSONAL PROTECTIVE EQUIPMENT .......................................................................................................................... 14
40. PLANT, MACHINERY, EQUIPMENT & VEHICLES............................................................................................................ 14
.44 SPECIFIC REQUIREMENTS: MOBILE PLANT/VEHICLES .................................................................................................. 15
.44 SPECIFIC REQUIREMENTS: MOBILE PLANT OPERATORS/VEHICLE DRIVERS ................................................................. 15
43. HAND AND POWER OPERATED TOOLS ........................................................................................................................ 15
44. HAZARDOUS MATERIAL MANAGEMENT ..................................................................................................................... 15
45. NO USAGE OF THE EMPLOYER'S EQUIPMENT .............................................................................................................. 16

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46. CLARIFICATION............................................................................................................................................................ 16
47. DURATION OF HSE AGREEMENT ................................................................................................................................. 16
48. ACTS & REGULATIONS (STATUTORY REQUIREMENTS) ................................................................................................ 16
49. HEADINGS ................................................................................................................................................................... 16
50. INDEMNITY BY VENDOR/CONTRACTOR ...................................................................................................................... 16
51. REVISION .................................................................................................................................................................... 17
ANNEXURE A: DPM TSUMEB HEALTH, SAFETY AND ENVIRONMENTAL POLICY ........................................................................ 18

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1. WRITTEN AGREEMENT ON SAFETY, HEALTH & ENVIRONMENT

Entered into and between, DPM Tsumeb (referred to as “the Employer”) and appointed Vendor/Contractor (also
referred to as “the Mandatory”)
WHEREAS the Employer has entered into a contract with the Mandatory in terms of which the Mandatory is to perform
certain work and services for and on behalf of the Employer, subject to the terms and conditions as contained in such
contract.
AND WHEREAS pursuant to the provisions of the applicability of Namibian Legislation, and all other relevant and
international statutory regulations for best practice thereto, the Employer and the Mandatory have entered into this
Agreement, the terms and conditions of which are set out hereunder.
2. SCOPE
This document highlights the HSE management controls typically associated with work with which the
Vendor/Contractor is expected to comply. Should it be necessary for the Vendor/Contractor to carry out work
requiring additional controls not included in this document, this work will be assessed by DPM Tsumeb HSE
Department and appropriate controls identified. The implementation of such controls shall be considered binding
upon the Vendor/Contractor.
The HSE Management System describes the measures to be implemented and managed on sites in order to prevent
any form of loss, specifically with regards human loss.
3. DEFINITIONS
Abbreviations of commonly VP = Vice President
used terms and role titles MD = Managing Director
ExCo = Executive Committee
PM = Project Manager
CM = Construction Manager
HSE = Health, Safety, Environment
Agreement Shall mean this document containing its terms and conditions as
applicable to the parties thereto
Any gender Shall include the other genders
Competent person Someone who has demonstrable knowledge, experience, and skills in all
of the areas/disciplines that are covered by the Terms of Reference
Demonstration of this may be through appropriate tertiary qualification,
accreditation, membership of professional association, work within the
industry or by recognition by peers within the industry as being qualified
to participate in the assessment
Contract owner The Contract owner is the company employing a contractor.
Accountability can be assigned to: 1.) A DPM employee or; 2.) For
contractors, to senior management of a general contractor or the
management team of an Engineering, Procurement, and Construction
Management (EPCM) agreement.
Contractor A person or organization providing services to an employer at the
employer's workplace in accordance with agreed specifications, terms,
and conditions. [For the purposes of HSE standards, contractors have
been classified into three categories:
a) Category 1 contractors: Individuals engaged on temporary contracts to
work within existing operations.
b) Category 2 contractors: Companies or individuals engaged for a
discrete project which will be carried out in a designated area separate
from existing operations.
c) Category 3 contractors: Companies or individuals engaged under
contract to carry out specific tasks or provide specified services within
existing operations areas.
Employees Shall mean all Employees, servants, Vendor/Contractors, sub-
Vendor/Contractors, agents, invitees and the like of the Mandatory
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Employer Shall be DPM TSUMEB

Golden Rules The Golden Rules describe a particular set of rules to regulate behaviours
or actions that have a high probability of causing permanent disabling
injury, or fatalities when violated.
HSE is the DPM Tsumeb Risk Management Department
Local Law Shall mean the laws and regulations of Namibia;
Manager For the purposes of HSE, Manager means any person with the authority
to assign work to another person.
Mandatory Shall mean the party who appears on the face of this document and is
used interchangeably with ‘Vendor/Contractor’.
Medical certificate A form issued by a specially qualified physician providing acceptable
evidence of physical fitness.
Medical surveillance The physical testing done under a physicians direction to determine the
presence of disease or illness.
Near Miss An incident that took place and in which no actual injuries, illnesses,
environment or property damage has occurred.
Personal protective equipment Specialised clothing or equipment that is worn by the person for
(PPE) protection against health and safety hazards. The equipment is generally
permanently issued to the individual person. Examples include eye / face
protection, foot protection, hand protection, head protection, respiratory
protection and ear protection. Also refer to 'emergency equipment' and
'critical equipment'.
Pre-Task Hazard Assessment The process of analysing the task or set of tasks within a job that is about
to be performed. It includes identifying the related hazards, determining
their consequence and appropriate method of control. They can be
completed either informally by an individual (for example a Take 5) or by
following a more structured or formal approach through a workgroup or
small team assessment (for example a Job Hazard Analysis).
Project Manager The person assigned by the contract owner (DPM Tsumeb) to oversee
work performed by the Vendor/Contractor.
Risk Assessment The method of evaluating the consequence and likelihood of identified
hazards or opportunities and comparing against a defined risk acceptance
threshold. The HSEQ risk framework contains three levels of assessment
for consideratin during risk evaluation.
Sub-Vendor/Sub-Contractor A person or business which has a contract (as an "independent
contractor" and not an employee) with a principal Vendor/Contractor to
provide some portion of the work or services on a project which the
contractor has agreed to perform.
Vendor The party in the supply chain that makes goods and services available to
companies or consumers. The term vendor is typically used to describe
the entity that is paid for the goods that are provided, rather than the
manufacturer of the goods. A vendor, however, can operate both as the
supplier of goods (seller) and the manufacturer.
Vendor/Contractor’s Shall mean a person selected by the Vendor/Contractor and appointed in
(Mandatory’s) HSE writing as the supervisor responsible for ensuring the
Responsible Supervisor Vendor/Contractor’s compliance with legal and DPM Tsumeb HSE
requirements whilst engaged in activities on the contracted DPM Tsumeb
project. This person shall be able to read, write, and speak English. The
HSE Responsible Supervisors will be the legal equivalent of a “Safety
Officer”.
Worker's compensation Workers Compensation covers the medical expenses and lost income of
an individual if they suffer an injury/illness in the course of doing work-
related activities.
Workforce Refers to all persons carrying out work on a DPM Tsumeb site including
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Vendor/Contractor’s employees
4. DPM TSUMEB’S HSE COMMITMENT

a. At DPM Tsumeb, a pro-active HSE Management System is developed to ensure that a level of excellence is
maintained and that every effort is made to achieve international standards in Safety, Health, and
Environmental control.
b. The HSE Management System is designed to ensure a consistent, effective, and measurable approach to the
management of HSE risks on DPM Tsumeb site and promote a culture of accountability and awareness,
encouraging every employee, including Vendor/Contractors, to work safely and to comply with Safety, Health,
& Environmental controls.
c. It is expected that all Vendor/Contractors participate in and fully support this program. If the
Vendor/Contractor has its own HSE program, he is to ensure its compliance with DPM Tsumeb HSE
requirements and forward a copy to the DPM Tsumeb HSE Department for evaluation and approval before
work on site commences.
d. The DPM Tsumeb training Department shall induct all Vendor/Contractors in HSE and general site rules on
arrival at site and before any work commences. Only once the induction of all personnel has been completed,
shall the required access permits and relevant HSE documentation is provided to the Vendor/Contractor’s
Employees.
e. The DPM Tsumeb HSE Management System is available on site for more details regarding safety, health, and
environmental management on-site. Note that DPM Tsumeb uses international standard practices, methods
and statutory requirements for all projects.
5. DPM TSUMEB HSE POLICY

a. The DPM Tsumeb Health, Safety and Environmental Policy is attached to this document, in Annexure A.
b. The policy applies to all employees, contractors, vendors and visitors, and all are expected to comply with its
requirements.
6. HSE RESPONSIBILITIES

a. The Vice President and Managing Director of DPM Tsumeb is responsible for the overall management and
control of DPM Tsumeb. He delegates his duties to the Project Managers in writing to ensure the “employer”
complies with the provisions of Local Legislation. This will be deemed to have occurred by way of allocating the
staff to the project, and their subsequent signing of project based HSE appointment documents.
b. The overall responsibility to effectively manage HSE risks relating to the project and others, whom the works
may affect, lies with the most senior DPM Tsumeb Manager on site as soon as work commences.
c. Vendor/Contractors shall submit to the DPM Tsumeb HSE Management System and the authority of DPM
Tsumeb management on the DPM Tsumeb site. Should they wish to implement their own safety program, it
shall be subject to the written approval of the DPM Tsumeb HSE Department.
7. SAFETY GOLDEN RULES
a. DPM Tsumeb has adopted ten (10) Safety Golden Rules which every employee and Vendor/Contractor must
comply with, no exception.
b. The Golden Rules cover the following:

 Contact with Electricity

 Confined Spaces

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 Working at heights
 Suspended loads

 Molten metals
 Isolation
 Heavy Mobile Equipment

 Fit for work

 Permit to work

 Driving
c. The Safety Golden Rules are further described in the procedure on Golden Rules, available from the HSE
Department.

8. AUTHORITY TO STOP WORK

a. DPM Tsumeb HSE Department and supervision have the authority to stop work if it poses imminent danger to
any persons. Immediate remedial action must be taken to correct the problem.
b. All work stoppages will be addressed by the Project Manager overseeing the Vendor/Contractor, and the HSE
Department. They will liaise with the Vendor/Contractor to establish remedial action to prevent a re-
occurrence. Such occurrences will also be tabled for discussion at Site HSE Committee meetings.
c. Vendor/Contractor’s Employees have the right to cease work when tools and/or equipment required to do the
work are unsafe or working conditions become unsafe. The Vendor/Contractor supervisor must be informed in
the first instance of any possible safety breach and the likely consequence. Such occurrences must be reported
to DPM Tsumeb Management immediately.
9. WARRANTY OF COMPLIANCE

a. In terms of this Agreement the Vendor/Contractor warrants that he has familiarised himself with the working
environment and that he agrees to the arrangements and procedures, as prescribed by the Employer, and as
provided for in terms of this contract.
b. The Vendor/Contractor acknowledges that this Agreement constitutes an agreement whereby responsibility
for health and safety matters relating to the work that the Vendor/Contractor and his employees are to
perform on the Premises shall be the obligation of the Vendor/Contractor.
c. The Vendor/Contractor further warrants that he and/or his employees undertake to maintain all necessary
compliance with these terms. Without derogating from the generality of the above, or from the provisions of
this Agreement, the Vendor/Contractor shall ensure that the clauses as hereunder described are at all times
adhered to by himself and his employees.
d. The Vendor/Contractor hereby undertakes to ensure that the health and safety of any other persons on the
Premises are not endangered by the conduct and/or activities of his employees whilst they are on the
Premises.
e. It is the Vendor/Contractor’s responsibility to ensure that the workforce employed by him complies with all
applicable documentation required by law such as passport copy; visa and work permit before the induction
process proceeds.
f. No illegal employees may be employed for works on the project. The Vendor/Contractor is responsible and
liable to ensure government compliance regarding the matter.
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10. MANDATORY AND EMPLOYER

a. The Vendor/Contractor (Mandatory) shall be deemed to be an employer in his own right whilst on the
Employer's Premises. The Vendor/Contractor shall accordingly ensure that the requirements as laid out by
DPM Tsumeb, as well as all applicable legal requirements, are complied with by himself and/or his Vice
President/Managing Director.
11. HSE APPOINTMENTS

a. The Vendor/Contractor shall appoint competent persons as HSE Responsible Supervisors who will be
responsible for maintaining HSE standards. Any such appointed persons shall be trained in occupational health,
safety and environmental matters, and provisions pertinent to the work that is to be performed under their
responsibility. All Vendor/Contractor supervisors shall accordingly sign the Employer’s HSE Responsible
Supervisor’s form. The original record shall be filed in the site HSE office.
b. All Operators must be appointed according to their designations.
c. Notwithstanding the provisions of the above, the Vendor/Contractor shall ensure that he, his appointed HSE
Responsible Supervisors, and employees are at all times familiar with the provisions of DPM Tsumeb, and that
they comply with the provisions.
d. Vendor/Contractors who do not have a full-time safety officer on site, due to insufficient numbers of labour
(less than 25 people), must identify one person who is literate, and able to read, write, and speak English;
e. This person shall be appointed HSE representative and shall have a dual function between his “job” and HSE
responsibilities; and shall attend all HSE meetings whenever required. This is also up to the discretion and
approval of DPM Tsumeb.
12. FAMILIARIZATION WITH HAZARDS

a. The Vendor/Contractor warrants that he has familiarised himself with the hazards associated with the work
being carried out on the premises as well as hazards associated with surrounding environments and other
parties’ activities that can influence the work. The Vendor/Contractor shall ensure that appropriate controls
are in place to ensure safe working conditions for their team. The Vendor/Contractor shall further ensure that
the employees are trained on the health and safety aspects relating to the work and that they understand the
hazards associated with such work being carried out on the Premises. The Vendor/Contractor is required to
provide induction on the scope of work to its employees, before commencing work.
13. SITE AND AREA SPECIFIC HSE INDUCTION
a. The Vendor/Contractor shall ensure that all his employees attend the DPM Tsumeb HSE site-wide Induction
before entering the premises. This induction shall be provided by the DPM Tsumeb Training Department.
b. The Vendor/Contractor shall ensure that all his employees attend the Area-Specific Induction before entering
the Plant Areas where work will take place. This induction shall be provided by the DPM Tsumeb Plant / Area
Owner or delegate.
c. The following requirements shall be met by the Vendor/Contractor regarding HSE induction:

 All new employees are to be inducted by their own company before commencing work.
 Inform the training centre of new arrivals at least one day in advance.
 All new employees shall be inducted by DPM Tsumeb on site including drivers accessing the site.

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14. VENDOR/CONTRACTORS TOOLBOX TALKS

a. Furthermore, the Vendor/Contractor’s Foremen shall conduct daily Toolbox Talks with all labour, discussing
HSE concerns and creating a channel for upward and downward HSE communication between labourer and
management. An attendance register reflecting topics and signatures of attendees must be forwarded to the
site HSE on the day of the talk, for reporting, referencing, and filing purposes. Suitable topics, for discussion
can be decided on by the Vendor/Contractor supervision; and concerned DPM Tsumeb representative.
Alternatively, material can be obtained from the site HSE Department.
15. DPM TSUMEB IN-HOUSE SITE-BASED TRAINING
a. The Vendor/Contractor shall ensure that all of his employees attend the DPM Tsumeb In-House Site-Based
training, which will be provided free of charge to the Vendor/Contractor’s employees.
16. THIRD PARTY TRAINING
a. The Vendor/Contractor may send his employees; on additional third party training arranged by the DPM
Tsumeb Training department; but will be charged for this training.
b. Notwithstanding the aforementioned, the Vendor/Contractor shall ensure that all of his users or operators of
any materials, machinery, or equipment are properly trained in the use of such materials, machinery, or
equipment in accordance with local legislative requirements.
17. WELLNESS PROGRAMMES
a. Vendor/Contractors may make use of the onsite wellness programmes and wellness activities provided by DPM
Tsumeb’s Health Department.
18. SUPERVISION, DISCIPLINE, REPORTING & INCENTIVES

a. The Vendor/Contractor shall ensure that all work performed on the Premises are done under strict supervision,
and that no unsafe and/or unhealthy work practices and environmentally unsound activities are permitted.
Discipline regarding health and safety matters shall be strictly enforced against any of his employees regarding
non- compliance by such employee with any health and safety matter.
b. The Vendor/Contractor shall further ensure that the employees report to him all unsafe and/or unhealthy work
situations and environmental pollution immediately after they become aware of them, and that he in turn
immediately reports these in writing, to the Employer.
c. Noncompliance with this agreement will result in penalties and non-conformance reports.
d. Any serious non – conformances may lead to immediate expulsion from the premises by DPM Tsumeb without
the Vendor/Contractor having any recourse to DPM Tsumeb for any damages or associated resultant losses.
e. HSE Incentive and Promotional schemes will be implemented by DPM Tsumeb to generate an attitude of HSE
awareness and safe working. Safe working during the project will be rewarded and the criteria will be based
on compliance to the HSE Management System, Housekeeping, and safe working of employees. Changing or
adding to the rules of the scheme is at DPM Tsumeb management discretion.
19. ACCESS TO LEGISLATION

a. The Vendor/Contractor shall ensure that he has an updated copy of the legislation on site at all times, and that
this is accessible to his appointed HSE Responsible Supervisors and employees. The parties may make
arrangements for the Vendor/Contractor and his HSE Responsible Supervisors to have access to the Employer's
copies of said Acts.

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20. CO-OPERATION

a. The Vendor/Contractor and/or his HSE Responsible Supervisors and employees shall provide full co-operation
and information if and when the Employer or his representative inquiries into occupational health, safety and
environmental issues concerning the Vendor/Contractor. It is hereby recorded that the Employer and his
representative shall at all times be entitled to make such inquiry.
b. Without derogating from the generality of the above, the Vendor/Contractor and his responsible persons shall
make available to the Employer and his representative, on request, all and any checklists and inspection
registers required to be kept by him in respect of any of his materials, machinery, or equipment.
21. WORK PROCEDURES

a. Generally, Vendor/Contractors shall be required to submit method statements detailing how they intend to
ensure safe working conditions, along with a suitable and sufficient risk assessment.
b. All Method Statements shall be reviewed by the Project Manager, as well as any other person or department
competent to review such document on behalf of the Employer.
c. The Vendor/Contractor shall be entitled to utilise the procedures, guidelines and other documentation as used
by the Employer for the purposes of ensuring a healthy and safe working environment. The Vendor/Contractor
shall furthermore ensure that his HSE Responsible Supervisors and Employees are familiar with, and utilise the
documents.
d. The Vendor/Contractor shall implement and enforce safe work practices as prescribed by the Employer, and he
shall ensure that his HSE Responsible Supervisors and employees are made conversant with the contents of
these practices and that they adhere to such procedures.
e. The Vendor/Contractor shall ensure that ALL work is covered with a General Permit to work in the area of
work. For high risk work, an additional specific permit is required; such work would include:
 Hot Work
 Excavation
 Critical Lifts
 Confined Space Entry
 Pressure Testing
 Electrical Energisation
 Working at heights
 Asbestos work
 Any other work that the Employer deems to require additional HSE controls.
22. HSE MEETINGS

a. The Vendor/Contractor’s Project Manager on site will be expected to attend Progress/Co-ordination meetings
that will be scheduled by the manager designated by the Employer to oversee their work on site. These
meetings will be scheduled on at least a fortnightly basis and HSE matters will be incorporated into the agenda.
In addition to this, Vendor/Contractor Project Managers might be required to attend meetings with the
client/consultant.
b. If required the Vendor/Contractor shall establish his own HSE committee(s), and ensure that the employees,
being the committee members, hold HSE meetings as often as may be required, and at least once every 1 (one)
month. The Employer may elect to permit the Vendor/Contractor HSE representatives to attend the Employer's
HSE committee meetings.

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23. COMPENSATION REGISTRATION

a. The Vendor/Contractor shall ensure that he has a valid registration with the Compensation Commissioner and
that all payments owing to the Commissioner are discharged. The Vendor/Contractor shall further ensure that
the cover shall remain in force whilst any such employee is present on the Premises and shall provide DPM
Tsumeb with proof of valid registration with the Compensation Commissioner.
24. BUSINESS REGISTRATIONS
a. The Vendor/Contractor must ensure that he is registered with all the relevant business regulating
bodies/institutions and must be in possession of the documentation to prove registration. Registrations include
for example those with the ministry of Trade and Industry, Ministry of Finance and Social Security Commission,
and Fitness certification with the local authority.
25. MEDICAL EXAMINATIONS

a. The Vendor/Contractor is responsible for pre-employment medical examinations. DPM Tsumeb provides this
service via its medical surveillance service providers. All past occupational exposures shall be declared during
the medical surveillance process.
b. Furthermore, the Vendor/Contractor shall ensure that all the employees undergo routine medical
examinations where these are necessary in terms of the working environment, and that they are medically
healthy and physically fit for the purposes of the work they are to perform. DPM Tsumeb provides this service
via its medical surveillance service providers.
c. All employees leaving the site must undergo exit medicals. DPM Tsumeb provides this service via its medical
surveillance service providers.
d. All employees performing work on sites outside of DPM Tsumeb premises, whilst also employed on the DPM
Tsumeb premises, must declare all occupational exposures incurred at the other sites, during the medical
surveillance process.
26. FIRST AID AND PARAMEDIC FACILITIES

a. The site first aid facilities are available to the Vendor/Contractor’s employees for job-related minor injuries.
b. DPM Tsumeb provides onsite paramedic and ambulance services for serious injuries.
c. It is the responsibility of the Vendor/Contractor to indicate to DPM Tsumeb the medical treatment facilities of
choice for their employees. Where none are indicated, DPM Tsumeb will take injured persons to DPM Tsumeb
default facilities.
d. The Vendor/Contractor remains liable for all costs incurred with regards to injury treatment, medical visits
and follow-ups on dressings etc.
27. PREGNANCY
a. All female employees must report if they are pregnant or breastfeeding, at which point the DPM Tsumeb
procedure on management of pregnant employees must be followed.
28. BIOLOGICAL MONITORING
a. All employees are to undergo planned Biological monitoring, as indicated by the DPM Tsumeb Health
Department from time to time.
b. DPM Tsumeb will on occasion set cut-off levels of Arsenic in urine, above which point employees shall be
removed from their normal places of work until such time arsenic in urine levels have decreased to an

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acceptable level. This shall be in accordance with the DPM Tsumeb procedure for employee removal as a result
of arsenic exposure.

29. INCIDENT REPORTING AND INVESTIGATION

a. All Vendor/Contractors are required to comply with DPM Tsumeb’s Incident/Accident Reporting procedure and
co-operate with the company in any ensuing investigation.
b. All incidents and near misses shall be reported by the Vendor/Contractor to DPM Tsumeb who shall notify the
relevant authorities where required.
30. VENDOR/CONTRACTOR’S SUB VENDOR/CONTRACTORS

a. The Vendor/Contractor shall notify the Employer of any sub-Vendor/Contractor he may wish to engage to
perform work on the Premises. It is highlighted that the Vendor/Contractor may not employ other
Vendor/Contractors unless registered and authorised by the Client, Consultant, and Principal
Vendor/Contractor.
b. It is hereby recorded that all the terms and provisions contained in this clause shall be equally binding upon the
Vendor/Contractor‘s Sub Vendor/Contractor prior to the Vendor/Contractor’s Sub Vendor/Contractor
commencing with the work. Without derogating from the generality of this paragraph:
The Vendor/Contractor shall ensure that training, as discussed in clauses 13 to 16 above, is provided, prior to
his Sub Vendor/Contractor commencing work on the Premises.
The Vendor/Contractor shall ensure that work performed by the Vendor/Contractor‘s Sub Vendor/Contractor
is done under strict supervision and discipline, as described in clause 18, above.
The Vendor/Contractor shall inform the Employer of any HSE hazard and/or issue that the Vendor/Contractor’s
Sub Vendor/Contractor may have brought to his attention.
The Vendor/Contractor shall inform the Employer of any difficulty encountered with regard to compliance by
the Vendor/Contractor ‘s Sub Vendor/Contractor to any HSE instruction, procedure and/or legal provision
applicable to the work the Vendor/Contractor ‘s Sub Vendor/Contractor performs on the Premises.
The Vendor/Contractor shall ensure that his entire sub Vendor/Contractor’s labour is also insured against
accidents.
31. SECURITY AND ACCESS

a. Access Control and Security procedures shall be followed at all times.

b. The Vendor/Contractor and his employees shall only access and exit the Premises through the main gate(s)
and/or checkpoint(s) designated by the Employer. The Vendor/Contractor shall ensure that the Employees
observe the security rules of the Employer at all times and shall not permit any person who is not directly
associated with the work from entering the Premises.
c. No person will be allowed to enter the site without a Valid ID Card issued after induction. The ID card will be
the property of DPM Tsumeb for the duration of the project. All cards must be returned to the site Security
office once the person leaves site. Failure to do so will result in the Vendor/Contractor being billed for the lost
cards.
d. ID Cards must be kept on the person at all times. Any person found on site without a valid ID card will be
requested to leave the site immediately. The Vendor/Contractor is to ensure as far as is reasonably practical,
that workers are not changed frequently. Vendor/Contractors not taking this into consideration will be billed
for an excessive amount of cards issued.
e. The Vendor/Contractor and his employees shall not enter into any area of the Premises which is not directly

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associated with the work.

f. The Vendor/Contractor shall ensure that all materials, machinery, or equipment brought by him onto the
Premises is entered into a register under his name at the main gate(s) and/or checkpoint(s). A failure to do this
may result in a refusal by the Employer to allow the materials, machinery, or equipment from being removed
from the Premises.
g. The Vendor/Contractor agrees not to refuse any reasonable request to search his personnel and / or vehicles.
h. The Vendor/Contractor will subject his personnel to the alcohol and drug testing procedure as applied by the
Employer on entry to the Site.
32. FIRE PRECAUTIONS AND FACILITIES

a. The Vendor/Contractor shall ensure that an adequate supply of fire protection is provided for the work to be
performed on the Premises. Unless the Employer and Vendor/Contractor make arrangements for the
provision of such facilities by the Employer (as might be recorded elsewhere in the Vendor/Contractor’s
Commercial sub Vendor/Contractor’s agreement) the supply of fire protection systems shall be to the account
of the Vendor/Contractor.
b. Emergency and evacuation procedures will be explained during the induction session. (See Induction and
Training above).
c. The Vendor/Contractor shall further ensure that his employees are familiar with fire precautions at the
Premises, which include fire alarm signals, emergency exits, assembly points and that such precaution, are
adhered to.
33. HOUSEKEEPING, HYGIENE AND CLEANLINESS

a. The Vendor/Contractor shall ensure that good housekeeping is maintained at all times in and around the area
where the work is performed. In this regard, no loose materials shall be left lying unnecessarily, and the work
site shall be cleared of waste materials regularly and on completion of any work performed by the
Vendor/Contractor and his employees.
b. The Vendor/Contractor must ensure his personnel keep all sanitation facilities clean on site.
c. The Employer will do regular inspections to ensure that this is being satisfactorily complied with.
d. Where, in the course of their work, the Vendor/Contractor’s employees create a condition requiring
barricading these must be erected and maintained by the Vendor/Contractor’s employees at all times.
34. WELFARE FACILITIES

a. DPM Tsumeb’s Welfare Facilities will be available for Vendor/Contractor’s employees to use.
Vendor/Contractors may need to co-ordinate with the Employer on the lunch times in order to ensure
adequate space is available for his people during lunch in the eating area.
b. Shelters and Welfare Facilities shall be kept clean and orderly and not used for the storage of materials or
equipment.
c. Workers may only rest and eat in dedicated designated Welfare areas. Workers removing PPE and sleeping on
site will be removed from site immediately
35. WASTE MANAGEMENT

a. Waste water and sewerage will be disposed of through site procedures.

b. Notwithstanding the above, the Vendor/Contractor will be responsible for managing his own waste and will be

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required to remove all waste generated by him from site and dispose of it in the manner prescribed by local
legislation, unless otherwise agreed upon by the Employer. Proof of safe disposal i.e. waste disposal slips,
photos etc. must be provided to the Employer.
c. On-site disposal of waste shall follow the DPM Tsumeb waste management procedure.
36. NO NUISANCE

a. The Vendor/Contractor shall ensure that neither he nor his employees undertake any activity which may cause
environmental impairment, nor constitute any form of nuisance to the Employer and/or his surroundings.
37. SMOKING
a. No smoking in areas other than those designated for smoking.
b. All Vendors/Contractors are to follow DPM Tsumeb Smoking Policy.
38. INTOXICATION NOT ALLOWED

a. No intoxicating substance of any form shall be allowed on the Premises. Any person suspected of being
intoxicated shall not be allowed on the site, save that any person required to take medication shall notify the
relevant HSE Responsible Supervisor thereof, as well as the potential side effects of the medication. Should
the side effects warrant it, the supervisor shall not allow him to carry out any work that might endanger him or
others.
39. PERSONAL PROTECTIVE EQUIPMENT

a. Before any work commences on site, the Vendor/Contractor shall ensure that his HSE Responsible Supervisors
and his employees are provided with adequate personal protective equipment (PPE) for the work they may
perform, and in accordance with the requirements of DPM Tsumeb. The Vendor/Contractor shall further
ensure that his HSE Responsible Supervisors and his employees wear the PPE issued to them at all relevant
times.
b. Unless otherwise stipulated elsewhere in the Commercial Vendor/Contractor Agreement, all PPE provided to
his employees, shall be for the account of the Vendor/Contractor.
c. All employees required to wear respirators and/or ear protection will undergo fit-testing prior to entering the
operational areas. Frequency of testing will be determined by the Employer from time to time. Should PPE
requirements change, or employees start working in alternate work areas, such employees may be required to
go for re-fitting.
d. All employees required to wear respirators shall adhere to the DPM Tsumeb Clean Shaven Policy.
40. PLANT, MACHINERY, EQUIPMENT & VEHICLES

a. The Vendor/Contractor shall ensure that all the plant, machinery, equipment and/or vehicles he may wish to
utilise on the Premises is/are at all times of sound order and fit for the purpose for which it is intended, and
that it complies with the requirements of DPM Tsumeb HSE Standard on Motorised Equipment and any other
industry standard practices and/or legislative requirements set forth by DPM Tsumeb.
b. In accordance with the provisions of this contract, the Vendor/Contractor hereby assumes the liability, for
taking the necessary steps to ensure that any article or substance that is erected or installed at the Premises,
or manufactured, sold or supplied to or for the Employer, and which the Vendor/Contractor uses at work
complies with all the prescribed requirements and will be safe and without risks to health when properly used.
c. The requirements set forth in the DPM Tsumeb HSE Purchasing Standard shall also be adhered to.

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41. SPECIFIC REQUIREMENTS: MOBILE PLANT/VEHICLES

a. Mobile Plant and Equipment must be insured, licensed and proof provided that it has been thoroughly
inspected at least annually by a Third Party Inspection Company certified as competent by the local authorities
to carry out the inspection. Daily, Weekly and Monthly inspections carried out by the Vendor/Contractor’s
competent person must be available for inspection and stored inside the Mobile Plant cabin at all times.
b. It is the responsibility of the Vendor/Contractor to confirm that any third party Inspection Companies
employed by them are approved by local authorities – this should be verified in advance with the DPM Tsumeb
supervisor/manager designated as responsible for overseeing the Vendor/Contractor. No Certificate will be
accepted from inspection companies not approved by the local government. The testing company must be
informed to make the check sheet available immediately after inspection. The check sheets should specify
items checked and the standard to which it has been checked, it should also clearly indicate if it has passed the
inspection or not. It is the Vendor/Contractor‘s responsibility to ensure the check sheet is available
immediately after inspection. If not, the plant will not be allowed to operate until written confirmation has
been received from the inspection company that the plant has passed.
c. Proof must be provided by the Vendor/Contractor that all road vehicles used by his employees are insured and
licensed.
d. The Vendor/Contractor will be responsible for completing any registers that are required in terms of local
legislation. The DPM Tsumeb HSE department can assist with the provision of suitable register formats, should
the Vendor/Contractor require assistance with this requirement.
42. SPECIFIC REQUIREMENTS: MOBILE PLANT OPERATORS/VEHICLE DRIVERS

a. All operators/drivers shall have relevant valid driving licenses.

b. No plant or vehicle shall carry passengers unless it is specifically designed to do so. All operators/drivers shall
adhere to the speed limits and road signs on the Premises.
c. Only authorised persons are to drive specified vehicles onsite.
43. HAND AND POWER OPERATED TOOLS

a. The Vendor/Contractor shall ensure that all hand and power operated tools that he may wish to utilise on the
Premises are at all times of sound order and fit for the purpose for which they are intended, and that they
comply with the requirements of DPM Tsumeb Company Standard on Hand and Power Operated Tools.
b. All items brought on site must be suitably and permanently numbered and Inspection Registers must be
maintained on site for all items as per specified frequencies.
c. The requirements set forth in the DPM Tsumeb HSE Purchasing Standard shall also be adhered to.
44. HAZARDOUS MATERIAL MANAGEMENT

a. Method Statements and Risk Assessments must be generated for any work involving the handling of hazardous
materials. These must be reviewed by the HSE department before such work commences.
b. The Vendor/Contractor shall therefore identify any hazardous materials or chemicals to be used on site and
forward an inventory list to the DPM Tsumeb HSE Department, prior to being brought onsite. The
Vendor/Contractor shall also ensure that (MSDS) Material Safety Data Sheets are available for all such
hazardous materials.
c. Storage of such materials on DPM Tsumeb sites, and disposal thereof shall be in accordance with Local
legislation and DPM Tsumeb procedures.
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d. In the event that any hazardous substances are to be transported on, to or from the Premises, the
Vendor/Contractor shall ensure that the requirements of all applicable legislation and DPM Tsumeb
procedures are complied with at all times.
45. NO USAGE OF THE EMPLOYER'S EQUIPMENT

a. The Vendor/Contractor hereby acknowledges that his employees shall not be permitted to use any materials,
machinery or equipment of the Employer unless the prior written consent of the Employer has been obtained,
in which case, the Vendor/Contractor shall ensure that only those persons authorised to make use of the same,
have access thereto.
46. CLARIFICATION

a. In the event that the Vendor/Contractor requires clarification of any of the terms or provisions of this
Agreement, he should contact DPM Tsumeb’s HSE Director, whose clarification in terms hereof must be in
writing.
47. DURATION OF HSE AGREEMENT

a. This Agreement shall remain in force for the duration of the work to be performed by the Vendor/Contractor
and/or whilst any of his employees are present on the Premises.
48. ACTS & REGULATIONS (STATUTORY REQUIREMENTS)

a. The Vendor/Contractor shall comply with all local legal specifications regarding safety, health, and
environmental standards. Notwithstanding the above, the Vendor/Contractor shall comply with all
requirements of the DPM Tsumeb HSE Management System. All DPM Tsumeb projects will attempt to exceed
local requirements in all instances by applying international industry standard practices wherever possible.
49. HEADINGS

a. The headings as contained in this Agreement are for reference purposes only, and shall not be construed as
having any interpretative value in them, nor any indication as to the meaning of the contents of the paragraphs
contained in this Agreement.
50. INDEMNITY BY VENDOR/CONTRACTOR

a. Notwithstanding the provisions of this Agreement, or any other contractual relationship as between the
Employer and the Vendor/Contractor:
i) The Employer shall not be responsible for any loss, damage, injury or death, howsoever caused, to the
Vendor/Contractor or to the Employees, and the Vendor/Contractor hereby indemnifies the Employer
and holds the Employer harmless against all and any claims, losses, demands, liability, costs and
expenses of whatsoever nature, which the Vendor/Contractor may, at any time sustain or incur arising
out of the circumstances referred to herein provided that such loss, damage, injury or death is not
caused by the wilful action or omission or gross negligence of the Employer.
ii) The Vendor/Contractor hereby assumes liability for any loss or damage, which is caused by the
Vendor/Contractor‘s negligence, or through the negligence of any of the Employees, and the
Vendor/Contractor hereby indemnifies the Employer against such loss or damage, whether caused by
the Vendor/Contractor‘s breach of any of the terms of this Agreement.
iii) The Vendor/Contractor undertakes to ensure that he carries the appropriate insurance cover, including
third party public liability cover, the details of which shall be furnished to the Employer before work on
any DPM Tsumeb project may commence.
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iv) DPM TSUMEB’s Corporate Policy includes commitment to excellence in matters relating to safety,
health, and environmental management. As such, every effort is made by DPM Tsumeb to achieve
international standards in HSE management. Pursuant to this DPM holds the principal appointed CEO
of the Vendor/Contractor accountable for the Health and Safety of his employees, as well as any
transgressions by his employees, that it might be considered reasonable for the Vendor/Contractor to
have anticipated and prevented. For this purpose a Vendor/Contractor‘s Sub Vendor/Contractor will
also be regarded as an employee of the Vendor/Contractor (Mandatory).

Therefore, in their capacity as Mandatory, all Vendor/Contractor’s shall:

1) Comply with all local legislation, as well as any best practice applications and or newly introduced
standards, procedures, and or international legislative requirements from DPM TSUMEB.
2) Have legislation reference manuals or books available at site.
3) Comply with the Vendor/Contractors HSE Agreement and all other applicable Vendor/Contractor standards
and procedures.
4) Comply with DPM Tsumeb HSE Management system requirements.
5) Employ dedicated, qualified, and experienced Safety personnel to oversee his employees using the table
below as the minimum requirement. Furthermore, all Safety personnel employed by the
Vendor/Contractor shall have the required qualifications as per the applicable local legislation.
6) Allow their Safety Personnel to be interviewed and approved by the DPM Tsumeb site HSE Manager.
Should the Vendor/Contractor fail to comply, DPM Tsumeb Management shall have the right to employ
and appoint such safety officer. The Vendor/Contractor shall be contra charged for all costs incurred.
7) Ensure that all employees are being inducted in safety and hazards associated with their work before work
commence. After Induction, ID Cards will be issued by the Employer. These cards must be displayed on the
person at all times.
8) Ensure that the Vendor/Contractor‘s Project Manager and HSE Management shall attend the project HSE
Management Committee meetings as specified.

51. REVISION

Revision Date Description Orig. Check. QA App.

0.0 2013.06.07 First Issue LN NF MK LN

0.1 2014.05.08 Header changes LN AG MK LN

0.2 2014.07.28 Clause 5 (a) revised LN AG MK LN

1.0 2017.08.30 Full review of entire document; CM NP WR BU

multiple changes.

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ANNEXURE A: DPM TSUMEB HEALTH, SAFETY AND ENVIRONMENTAL POLICY

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