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  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
  • Kevin Mcgonigal v. Nyy Steak Manhattan, Llc, Plaza Construction Corp., Baring Industries, Inc. Tort document preview
						
                                

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(FILED: NEW YORK COUNTY CLERK 1272372015 04:37 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 12/23/2015 EXHIBIT GLAZA CONSTRUCTION PLAZA CONSTRUCTION CORPORATION NYY Steak Manhattan, LLC 7 West 51* Street New York, New York 10020 NYC PROJECT SITE SAFETY PROGRAMNYY Steak Manhattan, ILC (NYY Steak}, 7 W, 51" Street, NY Project Site Safety Program Project Site Safety Program Tabel of Contents Page A. Program Objectives, P Basic Principles... Site Safety Coordinator Trade Contractor's Safety Representatives General Responsibilities Trade Contractor Superintendent and responsible supervisory employee responsibilities Trade Contractor Foreman Employees Trade Coniractor’s Responsibility Plaza Construction Corporation Superintendent/Safely Coordinator RAN> ON OG General Requirements Personal Protective Equipment Requirements, Work Site Requirements ___ Hazard Communication Standard Requirements. ooo cccecssecesuscsessesseecereessacesees Zoammo Safety Orientation Program Insurance Company. Fire Prevention Safety Meetings... Group Tours and Visitors... Procedures with Respect to any Disaster or Emergency... ec sscesseecevececeecseveeseneseeeeseeeevene 38 Emergency Facilities and Telephone Numbers, Substance Abuse... POP OZEO RS Conch usions ones eeccoeecccaesecnsecsaseecenessuesconneeeeeeeesaveeessnesesntescenscecoteeceneeeseeesceneeeeeeeeeree ere NYC/NO SSM.Revised 4-19-11 2 Initial Below: Plaza Construction _ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51" Street, NY Project Sile Safety Program Exhibits A. Plaza Safety Orientation Training Record B. Disciplinary Program and Fine Schedule........... C. Superintendent's On-Site Incident Investigation Report, D. NY State Employer's Report of Work Related Accident {C-2} E, Job Hazard Analysis Format}... NYC/NO SSM.Revised 4-19-11 3 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51* Street, NY Project Site Safety Program PROJECT SITE SAFETY PROGRAM A PROGRAM OBJECTIVES 1 Purpose This Project Site Safety Program and Trade contractor's Safety Requirements Is established by Plaza Construction Corporation in an attempt to exercise all available means of eliminating or controlling hazards and risks associated with the construction of the Project and thus {a) prevent personal injuries, {b) preveni property damage, {c) achieve greater efficiency, and (d} provide for public safety, health and welfare. Each Subcontractor shall bear sole and exclusive responsibility for safety in all phases of their work. Nothing contained herein shall relieve such responsibility. The primary goal established for the Project is to safely construct the Project with “ZERO ACCIDENTS’; totally free from lost time injuries for the mutual benefit of the worker, environment, and community. The safety goals and objectives established for the Project can only be achieved when everyone commits to perform their tasks safely and efficiently. This commitment to achieve these goals will result in both increased productivity and the “PREVENTION” of job related injuries and illnesses. 2. To achieve the foregoing purpose, all trade contractors of Plaza Construction Corporation shall formulate and administer their own written Site-Specific Safety and Health Programs, Hazard Communication Programs and Substance Abuse Programs for work at the project. At a minimum, the trade contractor's Safety and Health and Hazard Communications Programs shall incorporate the most stringent requirements of all referenced regulatory requirements and those of this Project Site Safety Program, the requirements of Federal OSHA 29CFR1926 and the requirements all of the principles of the Plaza Construction Corporation Project Site Safety Program, The Project Site Safely Program {the “Program") incorporates the prevention of accidental injury, occupational illness and property damage. Each Subcontractor shall provide and maintain a safe hazard free work place for their employees, for fellow workers and the general public. 3. The Program shall ensure the involvement and active participation of all Project employees by requiring safety and health training which will promote recognition of unsafe acts, the exposure of hazardous chemicals, potential and actual hazards and the immediate corrective action to be taken. All employees shall be constantly aware of their responsibility to work in a safe manner, 4, To achieve the foregoing purpose, each trade contractor must recognize that it has a contractual obligation to perform their work using safe methods and to comply with the The Program, the Occupational Safety and Health Administrative Standards, and all other Federal, State and Local Codes and Regulations. NYC/NO SSM.Revised 4-19-11 4 initial Below:_Plaza Construction SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51* Street, NY 5 Se een . Project Site Safety Program 5. The effectiveness of the Program will depend upon the active participation and wholehearted cooperation of all trade contractors, their subtier contractors and all supervisors and employees and the coordination of their efforts in carrying out the following basic procedures: * Plan all work to prevent personal injury, property damage and loss of productive lime and to provide for public safety. s Maintain a system of prompt detection and correction of unsafe practices and conditions, «Establish and conduct an educational program to stimulate and maintain interest and éooperation of all employees through: > Safety meetings > Prompt investigation of all accidents to determine cause and to take necessary corrective action. > Use of personal protective equipment and mechanical guards. = Require the trade contractor and ‘each trade contractor's superintendent and job foreman to be familiar with the provisions of the “Safety and Health Regulations for Construction” [Federal Register Title 29 Part 1926) and Local Codes, Laws, Orders, Rules and Regulations, in particular Chapter 33 of the Administrative Code of the City of New York. B. BASIC PRINCIPLES 1. All Project employees shall comply with all applicable Federal, State and New York City Codes, laws, Orders, Rules and Regulations. 2. All trade contractors performing work on this Project shall submit their Company's Safety Program, Hazard Communications Program and Fall Protection Program in writing to the Site Safety Coordinator prior to the start of their work, As a minimum, the trade contractor's Safety Program shall incorporate all of the principles of the Plaza Construction Corporation Program and shall list the positive steps the Subcontractor intends to utilize for ihe prevention of accidents fo their employees, fellow workers, the general public and property of all concerned. All Trade contractors shall ensure that their employees know what is contained in and agree to comply with their Company Safety Program. 3. Each subcontractor shall ensure that their trade contractors and suppliers, regardless of tier, comply with the Subcontractor’s Company Safety Program and all Federal, State and Local Codes and Rules and Regulations. NYC/NO SSM.Revised 4-19-11 5 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhatian, LIC (NYY Steak}, 7 W. 51" Street, NY Project Site Safety Program 4. All costs and expenses incurred by Plaza Construction Corporation or the Owner arising out of Federal, State or Local citations, fines, penalties ond summonses resulting from the Trade contractor's operations shall be backcharged to the responsible trade contractor. 5. All trade contractors shall provide their employees with all appropriate safety and personal protective equipment and weather protective gear required for the performance of their work and enforce their use. 6. Subcontractors will be monitored for compliance with the trade contractor's Safety Program and implementation and application of their respective safely programs at the work site. The Construction Manager and Site Safety Coordinator will have the authority to stop work when either site conditions and/or work practices present an imminent danger to life or health until those conditions and/or.practices are corrected. For all other conditions the subcontractor will be notified of any non-compliance and corrective action required. This notice, when delivered to the subcontractor or their representative at the site of the work, shall be deemed sufficient notice of non-compliance and corrective action required. After receiving the notice, the subcontractor shall immediately take corrective action, If the subcontractor fails or refuses to take corrective action promptly, a stop work order may be issued. If corrective measures are not taken immediately no part of the time lost due fo any such stop work order shall be made the subject of a claim for extension of time or increased costs by the Subcontractor. The Construction Manager or Site Safety Coordinator shall not be liable for any damages experienced by the Subcontractor due to the work stoppage. Also, the Site Safety Coordinator may recommend that progress payments cease until the Subcontractor is in full compliance with all applicable safety and health rules, standards and regulations. 7. Each Subcontractor shall be held responsible for all its lowertier Subcontractor's compliance with the project safety requirements. 8. Each subcontractor(s} shall establish and enforce an effective disciplinary program. Subcontractors are required to discipline and/or dismiss employees who violate the Program's regulations. This includes appropriate disciplinary action for serious violations such as fall protection or substance abuse, repeated violations, or the refusal to follow safety and health rules. 9. Any Competent Person who is assigned to identify existing and predictable hazards and authorized to eliminate them that fails to perform this duty shall be subject disciplinary actions as outlined in this program. 10. The subcontractor shall not receive additional payment or reimbursement for safety items and procedures which have been identified as required by the trade contractor's Safety Program, 11. Failure to comply with the contract safety requirements will be considered as non-compliance with the contract and may result in remedial action including withholding of progress payments due the subcontractor and/or termination of the subconiractor from the site. NYC/NO SSM.Revised 4-19-11 6 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhation, LLC (NYY Steak), 7 W. 512 Street, NY Project Site Safety Program 12.In the event the work or any portion thereof is shut down by either an outside agency or because of an unsafe condition as determined by the Construction Manager, the Subcontractor responsible for the shut down shall bear the total cost of the shut down. 13. In no case shall the Subcontractor be relieved of overall responsibility for compliance with the requirements of federal, state and local safety and health laws for all work to be performed under the contract. c. PROJECT SAFETY ORGANIZATION AND RESPONSIBILITIES 1. Site Safety Coordinator, Designated by Plaza Construction Corporation. On Projects that do not have a dedicated Safety Coordinator, the Project Superintendent will be responsible for the duties outlined in Chapter 33 of the New York City Building Code. 2, Trade contractor's Safely Representatives — Each trade contractor shall appoint a responsible supervisory employeé or competent person as its Project Safety Representative, who is acceptable to the owner and construction manager. 3. It is the responsibility of every trade contractor; superintendent, foreman, employee, subcontractor, and vendor to carry out the policies, standards and procedures as outlined in the Program as follows: 4. Trade Contractor Superintendent and responsible supervisory employee responsibilities are as follows: » Trade contractors shall designate a resident Safety Representative (Competent Person as defined by OSHA) who shall, among other things: > Ensure that their employees comply with their Company's Safety and Hazard Communication Program and all Federal, State and Local Codes, Laws, Orders, Rules and Regulations. > Train their employees to perform their work in a safe manner and with the ability to recognize and correct potential and actual hazards and unsafe acts. > Altend each Project Safety Meeting. > Schedule and attend weekly Tool Box safety meetings to be chaired by Trade contractor’s job foreman with written minutes copied to the Site Safety Coordinator. NYC/NO SSM.Revised 4-19-11 7 Initial Below:_Plaza Construction _ SubcontractorNYY Steak Manhatian, ILC (NYY Steak}, 7 W. 51! Street, NY Project-Site Safety Program > Meet on a weekly basis with the Site Safety Coordinator to ascertain that their Company is complying with Chapter 33 provisions, when applicable. > Report all safety-related matters and give copies of all Permits, Licenses, Certificates of Fitness, etc. to the Site Safety Coordinator. > Be responsible for the Plaza Construction Corporation Accident Reporting Requirements hereunder. Provide Superintendenent's Incident Investigation Report for all accidents (See Exhibit C), > Review the accident summary reports to keep informed of the project accident record and assist in appropriate action when accident trends are unfavorable. > Review serious accidents personally to satisfy oneself that causes are being investigated and proper corrective action taken. > Plan and execute all work so as to comply with the stated objectives of this Program and the Subcontractor's Safety Program, > Provide and enforce the use at all times of the personal protective equipment specified in U.S. Depariment of Labor "Safety and Health Regulations for Construction" and any applicable State and Local Codes, Laws, Orders, Rules and Regulations such as hard hats, safety shoes, eye protection, etc. > Take immediate action to correct unsafe practices or conditions when discovered. > Immediately repor! to the Site Safety Coordinator any unsafe conditions or practices or violations of job security which are not within the Subcontractor's jurisdiction. > Review with Trade contractor's job foremen, periodically, their responsibilities. > Obtain, maintain and deliver to Plaza Construction Corporation copies of all Material Safety Data Sheets for all hazardous substances delivered to the Project and otherwise supervise Trade contractor’s Hazardous Communication Program in accordance with the Hazard Communication Standard set forth in OSHA regulation at 29 CFR 1910.1200 and 29 CFR 1926.59 (see Patt Ill, C, 4.0}. > Familiarize oneself with the safety program and ensure its effective application on the project. NYC/NO SSM.Revised 4-19-11 8 initial Below: Plaza Construction _ SubcontractorNYY Steak Manhattan, LLC (NYY Steak), 7 W. 51* Street, NY Project Site Safety Program > Give leadership, direction and support in the administration of safety activities. > Require irade supervisors to hold safety meetings a8 outlined in the program, > Require supervisors fo report the topics of each safety meeting. > Tour project daily, if not more frequently to assure that safety conditions of the project are in compliance with Federal, State, Local and Company policies. . > Review overall project performance in comelying with the safety program. 5. Trade Contractor Foreman: In addition to the Trade Contractor's supervisory/superintendent responsibilities, it is the responsibility of the foreman who is in direct control of the employees on the job and is in frequent and close interaction with the employees to carry through on each of the following duties: = Instruction to employees of safe work practices and work methods at the time the men are given work assignments. . = See that employees have and use the proper protective equipment and suitable tools for the job. * Continuously check to see that no unsafe practices or conditions are allowed to exist ‘on any part of their work. * Acquaint employees with all applicable safety requirements and see that they are enforced. = Make a full investigation of accidents to determine facts necessary to take corrective action and promptly complete the Supervisor's Accident Investigation Report (See Exhibit C). ® Hold weekly "tool box" safety meetings with his/her workers to: > Discuss unsafe work practices or conditions > Review the accident experiences of employees and discuss correction of the accident causes > Encourage safety suggestions from employees. © See that an injured person{s) receives prompt firstaid medical attention. See that all injuries are properly reported and treated. NYC/NO SSM.Revised 4-19-11 9 Initial Below: Plaza Construction __ Subcontractor> _ NYY Steak Manhattan, ILC (NYY Steak}, 7 W. 51" Street, NY Project Site Safety Program * Correct or report immediately to Plaza Construction Corporation’s job superintendent any observed unsafe conditions, practices or violations of job safety. 2 Provide an orientation to each employee prior to the start of work. « Pre-plan non-routine work for safety. » Attend, participate in safety meeting ahd initiatives. 2 Teach each employee about the hazards on his job and how to avoid them, Teach employees that accidents are caused and can be prevented. = |mpart to each employee the understanding that a violation of an established safety rule will not be tolerated and disciplinary action will be taken if not adhered to. * Ensure needed safety equipment/protective devices are provided and used for each job. *® Take prompt corrective action whenever unsafe conditions and acts are noted. * Investigate and find the cause of all accidents even those that result in a minor injury. * Continually conduct safety appraisals of one's work area including a careful check of all new equipment before it is placed into operation. «Give full support to all safely activities and procedures. * Continuously see that no unsafe practices or conditions are allowed to exist in the work zone. » Seta good example to his/her fellow employees. = Check first aid supplies located in shanties or gang boxes at least weekly and replace all expended items as needed. 6. Employees: An employee's responsibility is primarily to work in a safe and efficient manner. Listed below are some of the principal duties of each employee: * To follow all established safety regulations. ® To ask questions of his foreman to ensure he understands tasks given fo him. * To stay alert and free of injuries while working. = To report any unsafe condition to his foreman when such a condition is encountered. NYC/NO SSM.Revised 4-19-11 10 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak), 7 W._51* Street, NY Project Site Safety Program =» To report the slightest injury to his foreman in person and to seek first aid care immediately. 7. Trade Contractor's Responsibilities + All Trade contractors are hereby notified that they are required to obey and implement the Site Safety Coordinator's recomendations and directives relating to the Program. «As a condition of their contract, all subcontractors shall submit to the Construction Manager's Site Safety Coordinator or designee: > Asitespecific safety plan within fifteen (15) days after receipt of Notification of Contract Award. (Pre-work acceptance is required.) > The name and qualifications [resume] of dedicated on-site safety persons. (Pre-work acceptance is required.) > Copies of all weekly Tool Box meetings. * Preplanning for high risk activities, as requested by the Construction Manager or Site Safety Coordinator, with input from the field staff who will be doing the work, » Alist of Hazardous Substances brought to the site. «A copy of all citations and/or warning of safety violations received from any state or federal jurisdiction, agency, insurance company, or by any of its sub tier contractor organizations within the same workday that it is received. 2 The Trade Contractor is responsible for the safety and health of employees, subcontractors, visitors, and vendors in accordance with State, Local and Federal regulations, and the Contract Documents. Each Subcontractor is required to establish and submit for review a written Safety and Health Plan that includes details commensurate with the work fo be performed. The Subcontractor’s Safety and Health Plan must clearly describe the subcontractors commitments for meeting its obligations to provide a safe and healthful work environment for its employees and subcontractor employees, to protect vendors, visitors, and members of the general public. The Subcontractor’s Safety and Health Plan shall reference Federal OSHA standards, and any other rules or regulations applicable to consiruction activities. NYC/NO SSM.Revised 4-19-11 1 Initial Below: Plaza Construction __ Subcontractor. NYY Steak Manhattan, LLC (NYY Steak}, 7 W._51* Street NY Project Site Safety Program = Each Subcontractor is required to designate an onsite Safety Representative who is charged with responsibility of on-site safety management. Ata minimum the safely representative shall meet the requirements of a “competent person” as defined by OSHA for all phases of construction, On-site safely representative must be approved by the Construction Manager. » Each Trade contractor's designated Safety Representative shall be required to meet on a weekly basis with the Site Safety Coordinator fo ascertain that the Trade contractors are complying with The Program. » All Subcontractors shall require its trade contractors to comply with all requirements and responsibilities set forth in this Safety Program as fo their respective operations the Subcontractor shall be responsible for their non-compliance herewith. ® Permanent records shall be maintained by the Subcontractor, as required by law, describing all Hazard Communication Program training. 8, Plaza Construction Corporation Superintendent/Site Safety Coordinator 2 The following describes the activities of the Site Safety Coordinator: 2 The Site Safety Coordinator shall personally inspect the site daily to determine that the Project meets the requirements of Chapter 33 and OSHA Standards. «In the event that any violations of the Site Safety Program are discovered by the Site Safety Coordinator, the Site Safety Coordinator shall advise the person or persons responsible for creating the violations that corrections of the observed violations must be made immediately. = The Site Safety Coordinator shall provide advice and recomendations in maintaining compliance with the Plaza Construction Corporation Safety Program in the following activities: > Plan and coordinate all work so as to comply with the stated objectives of this Program. > Schedule safety meetings to be held weekly upon commencement of superstructure phase, at which all supervisory staff of the Subcontractors and trade contractors are required to be present. > Cooperate with Safety Engineers, Insurance Company loss Prevention Specialists, Municipal Compliance Officers and Authorized Consultants. NYC/NO SSM.Revised 4-19-11 12 Initial Below:_Plaza Construction _ Subcontractor,NYY Steak Manhattan, ILC {NYY Steak), 7 W, 51! Street, NY Project Site Safely Program > Work to obtain authorization for action necessary to correct substandard safety conditions reported or observed. > Monitor compliance with all Federal Occupational Safety and Health Standards and all applicable State and Local Laws. 2 Review and provide guidance, as required, to, advise subcontractors’ personnel in the planning and execution of all work so as to comply with the stated objectives of the Program. = Ascertain that permits for sidewalk sheds are in effect as required by Chapter 33, of the Building Code 3307.6 = Ascertain the approval of drawings of the sidewalk shed are at the site as required by Chapter 33of the Building Code 3307.6.3. ® Unless the designer and supplier of the sidewalk shed assumes such responsibility, ascertain that such sheds have been inspected by P.E. of record, = Ascertain that certificates of approval, operation, and on-site inspection for all cranes derricks, or cableways have been obtained as required by Chapter 33 of the Building Code 3319 « Ascertain that sidewalk sheds remain in place until the structure is enclosed, all exterior work completed, the sash is glazed above the second story, the exterior of the facade is cleaned down, all outside handling of material, equipment and machinery is completed and dismantling of material hoist or tower or climber crane or the use of a derrick and‘their removal above the second story is completed. Note: BEST Squad approval is needed prior to removal of a sidewalk shed on a site safety project. = Ascertain that communication has been arranged among all responsible parties when crane and derrick loads are carried beyond the perimeter of the building, and when tower or climber cranes are being dismantled or erected. = Ascertain that required permits have been obtained from Department of Transportation for any street obstructions or closings. = Institute procedures for the preparation of supervisory investigation reports on all accidents. This form will be completed by Subcontractor’s supervisory personnel. NYC/NO SSM,Revised 4-19-11 13 initial Below: _Plaza Construction _ SubcentractorNYY Steak Manhatian, LLC (NYY Steak}, 7 W_51* Street, NY Project Site Safety Program = Review accidents.and advise on ways to inslitute corrective action and discuss at scheduled Safety Meetings to prevent recurrence. «Review toolbox meeting reports submitted by job foremen and take necessary action to see that required periodic group toolbox meetings are held by the job foremen, =» Coordinate activities of safety and loss prevention with engineers, consultants and trade contractors obtain approval to institule necessary steps to implement compliance with approved recommendations, = Maintain the hot line number at the site for telephoning the Department of Buildings and the Department of Transportation when it is necessary to close off a street for safety purposes. = Confirm that all Department of Buildings signage is prominently displayed at the construction site, as required by Chapter 33 of the Buildings Code. * Notify the Department of Buildings when informed of an emergency. = Assist in inspections of the jobsite with the New York City Fire Department. = The following regulations are listed for the purpose of advising subcontractors of other regulatory requirements that will be reviewed and monitored by the Site Safety Coordinator: > Compliance with Local Law 61 Rules and Regulations pertaining to safely netting (horizontal and vertical), Section 27-1021 {{a} (6), }. 27-1021 {a} (7),), 27-1092 (a) (1), (2). > Compliance with Local Law 61 pertaining to storage of materials defined by Section 27-1018 of the Administrative Code. > Compliance with Local Law 61 pertaining to use of reshores as defined by Section 27-1035 ((1) (f). ° > Compliance with the Hazard Communication Standard {aka Right to Know Law") as set forth in OSHA regulations at 29 CFR 1910 1200 and 1926.59 including; (a) maintaining copies of all Material Safety Data Sheets in a central location and make same available for review and inspection to personnel exposed to hazardous substances on the Project {b} post required notices for all trade contractors, employees and personnel on the Project; (c} periodically survey work areas, containers and materials to determine that they are properly labeled and that MSDS's have been provided, if required; {d) maintain and post a list of NYC/NO SSM.Revised 4-19-11 14 Initial Below; Plaza Construction _ SubcontractorNYY Steak Manhattan, LLC (NYY Steak), 7 W. 31°! Street, NY Project Site Safety Program known hazardous substances on the Project; (e} communicate information tc all Plaza Construction Corporation employees and employees of other employers regarding known hazardous substances; and (f} determine that other Subcontractors are complying with those reinforcements set forth in Part 111, C, 4.0 hereinafter regarding the Hazardous Communication Standard. D. GENERAL REQUIREMENTS The following requirements are a guide, but shall not be construed as the complete list of pertinent obligations. The subcontractors (and their employees, and their trade contractors and their employees, where applicable} shall: 1. Comply with the duties of employers as set forth in the "Occupational Safety and Health Act of 1970" |"OSHA"), regulations thereunder and similar statutes, laws, codes, rules, orders and regulations and regulations of the State and City of New York and their departments and agencies. 2. No smoking is allowed on Plaza Construction Corporation Projects. 3. Inform employees of their duties under "OSHA" and to uniformly enforce compliance with those duties. 4, Educate employees as to the safeguards necessary io control potential work place and safety and health hazards. 5. Supply employees with personal protective equipment meeting ANSI standards, as the job operation warrants, and as required by OSHA standards. 6. Provide a resident Site Safety Representative (Competent Person as defined by CFR 1926] who has the necessary authority to enforce safety and health regulations for Subcontractor's employees. 7. All parties must strictly adhere fo "Accident and Claims Procedures" as described in the insurance carrier loss prevention package. 8. Adhere to all procedures with respect to any disaster or emergency in the event of serious injury, fire or explosion. 9. Notify the Plaza Construction Corporation Superintendent and the Site Safely Coordinator before starting any work operations that could expose employees to a safety or health hazard. NYC/NO SSM.Revised 4-19-11 15 initial Below: Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W,_51* Street, NY Project Site Safety Program 10. Comply with all directives issued by the Owner, Plaza Construction Corporation Project and the Site Safety Coordinator regarding the delivery, hoisting storage of materials , and the correction of unsafe conditions. 11, Comply with all A.N.S.L, OSHA, Building Department, Fire Department codes, rules and regulations applicable to any temporary structures, shanties and air gas containers erected by the Trade contractor. Structures will also comply with New York State and New York City regulations. 12. Submit a Material Safety Data Sheet to the Site Safety Coordinator for each chemical that is used on the site. 13. Submit on a weekly basis, a Tool Box Safely Meeting Foreman’s Report to the Site Safely Coordinator, . 14. All parties shall immediately notify Plaza Construction Corporation Project Superintendent, Project Coordinator and Site Safsty Coordinator of any accident resulting in bodily injury to its employees, or any other person or damage fo properly, In the event of an injury to Trade contractor's employees, or any other person or damage to any property, Subcontractor shall promptly furnish to Plaza Construction Corporation Project Superintendent, Project Manager and Site Safety Coordinator a copy ‘of the Exhibit “Employees First Report of Injury” or its equivalent within twenty-four (24) hours. E, PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS 1. HARD HATS: Require employees to wear hard hats AT ALL TIMES WHILE WORKING AT THE PROJECT SITE, Employees shall not be permitied on the jobsite unless properly equipped; excuses will not be tolerated, The only accepted hats are per A.N.S.I. Z89.1-1986, 2. EYE AND FACE PROTECTION: Employees must wear eye protection when grinding, burning, cutting, chopping or any other OSHA required tasks. and face protection as per Ref. OSHA 1926.102. 3. FOOTWEAR: Require employees to wear proper footwear (Ref. A.N.S.1. Regulation 241.1 - 1991). 4. Fall Protection (Ref. 1926 500 - Subpart M). e Structural steel erectors must comply with applicable OSHA regulations, and at a minimum, in accordance with Union Trade/Labor agreements and CFR 1926 Subpart R. NYC/NO SSM.Revised 4-19-11 16 Initial Below:_Plaza Construction Subcontractor,NYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51 Street NY Project Site Safety Program e Each subcontractor shall be responsible for complying with the OSHA Fall Protection Standard in their overall safety and health program. © Each subcontractor shall evaluate fall exposure conditions or tasks and must develop a fall protection program, which outlines what methods, procedures and/or devices will be used on this projéct. « Each subcontractor shall be responsible for implementing the requirements to achieve fall protection in accordance with all Federal, State, local rules, regulations, and the Site Specific Safety and Health Guideline. * All fall protection systems used on this project shall comply with OSHA regulations and the project safety guidelines. Fall protection shall provide a positive means of protection. e Controlled Access Zones and Safety Monitoring Systems are not considered positive means of fall protection and will not be permitted unless the subcontractor can pfovide, in writing, the reasons why a positive means of fall protection cannot be used or is considered unsafe. e Any employee exposed to a fall of 6 feet or greater shall use approved fall protection equipment or devices. Fall protection is required, as a minimum, under the following examples: > Formwork and reinforcing steel. Each employee on the face of formwork or reinforcing steel shall be protected from falling 6 feet or more to lower levels by Personal Fall Arrest Systems, safety net systems, or positioning device systems. > When working from boom lifts, personnel shall wear a safely harness with shock absorbing lanyard, secured fo the manufacturer's approved anchorage point. > When working on a platform or other support not equipped with an adequate guardrail, which is 6 feet or greater from a lower level. > When an employee may have to be lowered into or raised from a confined space, a personal fall arrest system will be worn, The employee will be supported by an approved platform or a boatswain‘'s chair, with certified “hoisting device and fall arrest device, > When working adjacent to an unguarded floor opening that is 6 feet or greater in height. NYC/NO SSM.Revised 4-19-11 17 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51! Street, NY Project Site Safety Program > When working adjacent to an excavation, pit or trench that is 6 feet or greater in height. > The Fall Protection Program shall detail in writing when fall protection is required and exactly how this protection is to be provided. This written plan is required for any subcontractor exposing workers to falls six (6) feet or greater. e The subcontractor shall prepare a written training program fo ensure that each employee who might be exposed to fall hazards is knowledgeable of the Fall Protection Program requirements. The program shall enable each employee the ability to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to eliminate or minimize these hazards. ¢ The subcontractor shall assure that each employee has been trained, The subcontractor shall provide documented training records to Plaza. e Personnel who have been trained, then rexrained and continue to violate the established fall protection plan/regulations shall be removed from the project. SAFETY HARNESSES; As per Subpart M, safety harnesses must be used as part of a personal fall arrest system. {Safety belts cannot be used as part of a personal fall arrest system.) All anchorages for personal fall arrest systems must be capable of supporting 5,000 pounds for each employee attached. HEARING PROTECTION: Whenever it is not feasible to reduce the noise levels or duration of exposure, require employees to wear ear protective devices (Ref, OSHA 1926.101). RESPIRATORY PROTECTION: Require employees to wear respiratory protection when required, The chemical and physical properties of the contaminant, as well as the toxicity and concentration of the hazardous material, shall be considered in the selection of proper respirators and their use (Ref. OSHA 1910.134 and 1926.103). . WORK SITE REQUIREMENTS: HOUSEKEEPING: Clear oll form and scrap lumber with protruding nails, and all other debris from work areas passageways and stairs in and around buildings or other structures. Subcontractors, through inspection and example, are responsible for assuring that trash and debris remain out of the work areas. If poor housekeeping is observed, Subcontractors must follow through and make sure that these conditions are corrected immediately. Subcontractors NYC/NO SSM.Revised 4-19-11 18. initial Below: Plaza Construction ___ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51# Street, NY Project Site Safety Program are responsible for all of their work areas. If poor housckeeping practices are observed, corrective action will be discussed with the appropriate Subcontractor is to remind them that cluttered work areas will not be tolerated and that their work area(s) pose a hazard to his employees and other personnel. All subcontractors are responsible for providing center piling of debris in a location designated by Plaza. Subcontractor safety personnel must workwith the Plaza’s staff to assure safety recommendations are implemented and the work areas remain clear. Subcontractors should audit their work areas frequently to assure that all debris is removed to minimize hazards. 2. TEMPORARY REMOVAL OF BARRICADES OR OTHER SAFETY PROTECTION: All employees on the site must immediately replace any moved barricade, guardrail, toeboard, safely cable, safely net or other safely device daily and upon completion of the pertinent work and in the original condition, 3, MATERIAL STORAGE AND DELIVERY: Material storage inside buildings under construction shall be no closer than 6 feet from any hoistway or inside floor openings, nor within 10 feet of any stair, ladder or exterior wall that does not extend above the top of the material stored. 4. SAFETY NETS: Safély nets will be provided when the use of conventional fall protection, lifelines, safety harnesses, ladders, scaffolds, catch plaiforms or temporary floors are impractical. Safety nets shall be installed as close as practicable under the walking/working surfaces on which employees are working, but in no case mare than 30 feet below such level. Nets shall extend 10 feet beyond the edge of the work surface where employees are exposed. Safety nets will comply with all A.N.S.1. and OSHA regulations, (OSHA 1926.502 b }. {Reference Subpart M and Subpart 8 as applicable) . 5, WELDING AND CUTTING: Store all oxygen cylinders separate from fuel cylinders by minimum of 35 feet or a non- combustible barrier at least 5 feet high with a fire resistance rating of at least 1/2 hour. Obtain and maintain all required licenses or permits for such cylinders. Mark storage areas clearly. When cylinders are not in use, valve protection caps will be in place. When cylinders are used, immediately utilize a suitable cylinder truck, chain or other standing device to keep cylinders from being knocked over. Have suitable fire extinguishing equipment immediately available, maintained in a state of readiness, Maintain a fireguard as necessary, following completion of cutting and welding operations (Ref. OSHA 1926.350}. Each subcontractor shall provide a fireguard with a 20 Ib. ABC Fire Extinguisher when welding or burning. The potential fire areas shall be checked periodically for a minimum of one {1} hour after the welding or burning operation has been completed. 6. TRENCHING OPERATIONS: Slope, shore, sheet, brace or otherwise support all excavations 5 feet or greater in depth. When soil conditions are unstable, provide that excavations that are less than 5 feet deep have the appropriate allowable slope angle, thus ensuring the safely and health of workers. When employees are required to be in trenches 4 feet deep or more, provide an adequate means of exit, i.e., ladder or steps, and locate it so as to require no more than 25 feet lateral travel. Ladders must be in good condition, extend from the floor of the irench to 3 feet above the top of the excavation and be secured at the top. All dangerous NYC/NO SSM.Revised 4-19-11 19 Initial Below:_Plaza Construction _ SubcontractorNYY Steak Manhattan, LEC (NYY Steak}, 7 W_ 51" Sireet_ NY Project Site Safely Program overhangs, bulges and tension cracks must be reported to the competeni person for excavations for immediate abatement. (Ref. OSHA 1926.650). 7. CRANES/DERRICKS/HOISTS: Supply the Site Safety Coordinator with copy of the operators license, CD# of the crane, certificate of on-site inspection and all Department of Transportation, Department of Highway Permits and continually provide permits and approvals of the Department of Buildings and other agencies for each crane, derrick or hoist in operation. Operators will take directions from a designated, qualified and trained signalman who must have direct communication with the operator. The signalman must also be fully knowledgeable of the "Standard International Hand Signals for Crane Operation" (Ref OSHA 1926.1400 Subpart CC) Adherence to the following will be required: = Cranes and hoists shall not be used without a current annual certificate of examination and testing issued by an accredited crane examiner. 2» Annual inspection certificates must be submitted before a crane arrives onsite, = Only licensed personnel shall operate Cranes or hoisting equipment. Crane operators shall make a yisual inspection of their equipment prior to its first operation on any work shift, » Rated load capacities and recommended. operating speeds, special hazard warnings, or instructions, shall be conspicuously posted on all equipment; they shall be visible to the operator from his/her control station, and an accessible fire extinguisher’ of 10:ABC rating, shall be available at all operator stations or cabs of equipment. = Crane operations position shall be kept clear of loose tools or material. » — Structually sound outrigger cribbing is required for all crane operations. « All cranes shall have antitwo block devices installed and operating properly. «Loads shall be attached fo the hook by means of slings or other suitable rigging to ensure the safe handling of the load. = The operator shall respond to signals from only one person. The operator shall not follow any signal which is not understood, but shall always obey a stop signal. oO = The operator shall be responsible for the operations and load under his/her control at all times. Whenever there are doubts about the safety of movement, the operator shall stop operaticns until safety is assured. NYC/NO SSM.Revised 4-19-11 20 Initial Below: Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak), 7 W. 51* Street, NY Project Site Safety Program = A warming signal, such as a horn, shall be sounded to alert personnel to proximity of moving loads. Loads should not be passed over personnel, and personnel should not be permitted tc work in the area directly under a suspended load. = Concrete buckets - No employee shall be permitted to work under concrete buckets while the buckets are elevated. «Employees shall keep out from under suspended loads at all times. ® Cranes shall not be operated or loads handled in such a manner that any machine part or load will come within fifteen feet of electrical lines carrying 50,000 volts or less. Greater distances are required for lines carrying over 50,000 volts. Post warning sign in plain view of operator. Table A~Hinimum Clearance Distances Minimum clearanee distance } lover £5 to 200 V5 lover 20749350 (20 - wer 25047 800128 _ ' ~ «No person shall be permitted to ride on loads, slings, hooks, buckets or other such load handling attachments. *® All repairs, adjustments, modifications, rigging assembly or dismantling shall be conducted only by qualified and authorized personnel. Installation,jumps and dismaniling of tower cranes must be as per Cranes and Derricks procedures. = Rotating cranes shall’ be barricaded or other positive means shall be taken to prevent personnel from entering the area between the rotating machine deck and any stationary machine paris or outside obstructions. ® Any overhead wire shall be considered to be energized unless and until the person owning such line or operating officials of the electrical utility supplying the line assures that it is NOT ENERGIZED and it has been visibly grounded at the work site, 8. RIGGING: Major rigging operations must be planned and supervised by Qualified Personnel to ensure that the best methods and most suitable equipment and tackle are employed. This should be the superintendent or foreman in charge. Job site management must ensure that: NYC/NO SSM Revised 4-19-11 21 Initial Below, Plaza Construction __ SubcontractorNYY Steak Manhattan, LLC (NYY Steak}, 7 W._51# Street, NY eee nr ET ER SS Project Site Safety Program Proper rigging equipment is available. = All rigging is inspected before use. Documented inspections are required. Defective rigging to be removed from the site and destroyed, * Correct load ratings are available for the material and equipment used for rigging. . * Rigging material and equipment are maintained in proper working condition. The supervisor of the hoisting operation should be responsible for: Proper rigging of the load. Supervision of the rigging crew. Ensuring that the rigging material and equipment have the necessary capacity for the job and are in safe condition. > Ensuring correct assembly of rigging material or equipment as required during the operation, such as the correct installation of lifting bolts. > Safety of the rigging crew and other personnel as they are affected by the rigging operation. Vvv 9. OPENINGS: Provide openings in any floor or surface with a guardrail and toeboard or cover the openings with conspicuously marked and securely fastened planks or material capable of supporting 2 times the load of workers, equipment or material to be used in the area (Ref. OSHA Regulation 1926.500}. Use of other than conspicuously marked covers meeting the strength requirement of this provision is prohibited inside of protective perimeters, Use of rigid insulation in a chase for worker comfort or climate control is prohibited. 3 10, MOTOR VEHICLES: Prohibit use of any motor vehicle equipment having an obstructed view to the rear unless the vehicle has a reverse signal alarm audible above the surrounding noise level. When a vehicle is used for equipment or material hauling operations, secure all loads to prevent swaying or displacement. Adherence to the following will be required: = All earthmoving equipment shall be maintained in safe working condition and shall be appropriate and adequate for the intended use. * Only authorized personnel shall operate equipment. Operators of equipment, machinery or vehicles shall be qualified and properly licensed for the operation involved. = Equipment maintenance is to be performed only by qualified mechanics, ® Equipment operators and truck drivers will make a preshift safety inspection of their equipment. Any conditions that effect safe operation will be corrected belore use. NYC/NO SSM.Revised 4-19-17 22 Initial Below: Plaza Construction Subcontractor* NYY Steak Manhattan, LLC (NYY Steak}, 7 W. 51® Street, NY Project Site Safety Program = Equipment shall not be operated unless all required safety devices are in place and functioning properly. = Careless, reckless or otherwise unsafe operation or use of equipment shall result in discipline and may constitute grounds for dismissal. = Before performing any service or repair work, all equipment shall be stopped and positively secured against movement or operation, locked and tagged out of service, unless it is designed to be serviced while running, following the manufacturer's instructions. = When equipment is serviced or repaired, the operator shall dismount until the service or repair is completed and then make a complete walkaround safety check before remounting. = All bidirectional earthmoving equipment and motor vehicles with an obstructed view to the rear shall be equipped with a warning horn and an automatic back-up alarm that can be heard above and distinguished from the surrounding noise level. = All ofthighway earthmoving equipment and trucks such as loaders, dozers, scrapers, motor graders, rock trucks, tractors, rollers and compactors shall be equipped with rollover protective structures (ROPS) and seat belts. » Seat belts shall be used and adjusted properly by operators of all heavy equipment. = Mobile equipment shall not be left unattended unless parked securely to prevent movement, with all ground engaging tools lowered to the ground, brakes set and the éngine off. = Equipment parked at night shall be lighted, barricaded or otherwise clearly marked when exposed fo traffic. Keys shall not be left in equipment overnight. e Personnel shall not be transported or ride on equipment or vehicles that are not equipped with seats for passengers. = When fueling equipment or vehicles with gasoline or liquefied petroleum gas (LPG) the engine shall be shut down and allowed to cool if fueling occurs in the immediate proximity of equipment components having potentially hazardous elevated temperatures. NYC/NO SSM.Revised 4-19-11 23 Initial Below: Plaza Construction _ SubcontractorNYY Steak Manhattan, LLC [NYY Steak}, 7 W, 5