Preview
FILED: NEW YORK COUNTY CLERK 05/12/2023 06:17 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626 RECEIVED NYSCEF: 05/12/2023
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
PLAZA
C O N S T R U C T I O N
PLAZA CONSTRUCTION CORPORATION
NYY Steak Manhattan, LLC
515'
7 West Street
New York, New York 10020
NYC PROJECT SITE SAFETY PROGRAM
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak LLC NYY 7 W. 51" NY
Manhattan, Steak), Street,
Project Site Safety Program
Project Site Safety Program
Tabel of Contents Page
A. Program Objectives.................___................______________...._____________.___.._________________........_____.......4
B. Basic Principles_______..__. ........______________......___________..........._________......_______.._____________....5
C. Project Safety Organization___......___._____________.....________...._____.______..........______...........................7
1. Site Safety Coordinator
2. Trade Contractor's Safety Representatives
3. General Responsibilities
4. Trade Contractor Super|niendent and responsible supervisory employee
responsibilities
5. Trade Contractor Foreman
6. Employees
7. Trade Contractor's Responsibility
8. Plaza Construction Corporation Superintendent/Safety Coordinator
D. General Requirements...._____ _________..________......________________....____________........_______...____________15
E. Personal Protective Equipment Requirernents.............______ _....._ _____........_ _.................................16
F. Work Site Requirements..___________.......__.___________.___......_______________.........________________..........__________18
G. Hazard Communication Standard Requirements......._________...........____________ ...._________.___________...29
H. Safety Orientation Program_ ________....... __.____________............. _______......................_____ __.... ______.._____..31
I. Insurance Company ......._ _..________............... _____..___..... _______________...__________.__________._______........______32
J. Fire Prevention_____.........___________.............___ ....____________.........___.__________________............_____.32
K. Safety Meetings.._______............_________...........____...........__...._________.............................. .36
L Group Tours and Visitors..........._________.._______________....____________..........__________...................._____.....37
M. Procedures with Respect to any Disaster or Emergency._________.......___________...........................____38
N. Ernergency Foci|iks and Telephone Numbers.............__________..........________.....______.............._____AO
O. Substance Abuse .__________________...........______________....__41
____________________________________...________________.
P. Non-Compliance and Penalties._____________________......._________.............._____________...............____...____..41
GL Return to Work...............______________.._________________...___......_____........... .... ...........42
R. Conclusions..._______....... __.........___________..__________..__________.._________________....................______A2
NYC/NO SSM.Revised 4-19-11 2 Initial Below: Plaza Construction GübcGatrõctor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak 515'
Manhattan, LLC (NYY SteakL 7 W. Street, NY
Project Site Safety Program
Exhibits
A. Plaza Crienicni c.6 Training Record .. ________............................................................_ _..........43
Safety
B. Disciplinary Program and Fine Schedule.................. _________......................_ ___________.................. ____.45
C. Superintendent's On-Site lacident Investigation Report . __.......________
_____...........___.._ __............_____.._47
D. NY State Einployer's Report of Work Related Accident (C-2) _________________..... _____________________..........48
E. Job Hazard Analysis Format)................................. __..............................................................._ _52
NYC/NO SSM,Revised 4-19-11 3 initial Below: Plaza Construction Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak Manhattan, LLC (NYY SteakL 7 W. 51‡ Street, NY
Project Site Safety Program
PROJECT SITE SAFETY PROGRAM
A. PROGRAM OBJECTIVES
l. 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) prevent 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 estab!ished 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 centractor's Safety and Health and Hazard Communications Programs shall
incorporate the most stringent requirements
of all œferenced 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 Safety 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
Occuperienal Safety and Health Administrative Standwds, and all other Federal, State and
Local Codes and Regulations.
NYC/NO SSM.Revised 4-19-11 4 Initial Below: Plaza Construction Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak LLC (NYY 7 W. 51d NY
Manhattan, Steak), Street,
Project Site Safety Program
5. The effectiveness of the Program will depend upon the active participation and wholehearted
cooperation of all trade contractors, their sub-tier contractors and all supervisors and
employees and the coordinelion of their efforts in carrying out the following basic procedures:
• Plan all work to prevent personal damage and loss of productive
injury, property
time and to provide for public safety.
• Maintain a system of prompt detection and correction of unsafe practices and
conditions.
• Establish and conduct an educational program to stimulate and rnainta|n interest
and cooperation 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 inechanical guards.
• Require the trade contractor and each trade contractor's superintendent and job
forernan to be familiar with the provisions of the "Safety and Health Regulations
Construction"
for [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 Company's
shall submit
Safety their
Program, Hazard Communications Program and Fall Protection
in writing Program
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 the prevention of accidents
to 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 Subcontracter'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 SubcGatrâctor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak LLC (NYY 7 W. 519 NY
Manhattan, Steak), Street,
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 and 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 safety programs at the work site. The
Construction Menefr 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 wbeenicactor or their representative at the site of the work, shall be deemed sufficient
notice of noncompliance and corrective action required. After
receiving the notice, the
subccatractor shall immedin
ly 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 to 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 lower-tier 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 of progress payments
withholding
due the subcontractor and/or termination of the subcontractor from the site.
NYC/NO SSM.Revised 4-19-1 1 6 Initial Below: Plaza Construction Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak LLC (NYY Steak),7W.515' NY
Manhattan, Street,
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 compliunce 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 - Each trade contractor shall appoint a responsible
Safety Representatives
supervisory employee 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, fareman, employee,
subcontractor, and vendor to carry out the policias, 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 Representative (Competent
Safety
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.
> Attend each Project Safety Meeting.
> Schedule and attend weekly Tool Box safety rñeetings to be chaired by Trade
contiuoiur's job foreman with written minutes copied to the Site Safety
Coordinator.
NYC/NO SSM.Revised 4-1 9-1 1 7 Initial Below: Plaza Construction Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak Mghayan, LLC (NYY Steakl,7 W. 51 StreetnNY
> Meet on a weekly basis with the Site Safety Cecidinator to ascertain that
their Coispany 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. Department of Labor "Safety and Health Regulations for
Construction"
and any applicable State and Local Codes, Laws, Orders,
Rules and Regü|ations such as hard hats, safety shoes, eye protection, etc.
> Take immediate action to correct unsafe practices or cond:::cas when
discovered.
> Immediately report 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, periodkully, 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
Curamüñication Program in accordance with the Hazard Commun|cation
Standard set forth in OSHA regulation at 29 CFR 1910.1200 and 29 CFR
1926.59 (see Part 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 Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak Manhattan, LLC (NYY Steak), 7 W. 5F Street, NY
Project Site Safety Program
> Give leadership, direction and support in the administration of safety
activities.
> Require trade supervisors to hold safety meetings as outlined in the program.
> Require supervisors to report the topics of each safety ineeting.
> 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 complying 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.
• check to see that no unsafe practices or conditions are allowed to exist
Continuously
on any part of their work.
• Acquaint employees with all applicable requirements and see that are
safety they
enforced.
• Make a full investigation of accidents to determine facts to take corrective
necessary
action and prornptly complete the Supervisor's Accident invesiigetion Report (See
Exhibit C).
• box"
Hold weekly "tool 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 receives prompt first-aid medica! attention. See that all
person(s)
injuries are properly reported and treated.
NYC/NO SSM.Revised 4-19-11 9 Initial Below: Plaza Construction Subcontractor
FILED: NEW YORK COUNTY CLERK 05/12/2023
04/16/2019 06:17
03:55 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 626
270 RECEIVED NYSCEF: 05/12/2023
04/16/2019
NYY Steak LLC (NYY 7 W.
Preview
FILED: NEW YORK COUNTY CLERK 05/12/2023 06:17 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 RECEIVED NYSCEF: 05/12/2023 EXHIBIT F FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 PLAZA C O N S T R U C T I O N PLAZA CONSTRUCTION CORPORATION NYY Steak Manhattan, LLC 515' 7 West Street New York, New York 10020 NYC PROJECT SITE SAFETY PROGRAM FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak LLC NYY 7 W. 51" NY Manhattan, Steak), Street, Project Site Safety Program Project Site Safety Program Tabel of Contents Page A. Program Objectives.................___................______________...._____________.___.._________________........_____.......4 B. Basic Principles_______..__. ........______________......___________..........._________......_______.._____________....5 C. Project Safety Organization___......___._____________.....________...._____.______..........______...........................7 1. Site Safety Coordinator 2. Trade Contractor's Safety Representatives 3. General Responsibilities 4. Trade Contractor Super|niendent and responsible supervisory employee responsibilities 5. Trade Contractor Foreman 6. Employees 7. Trade Contractor's Responsibility 8. Plaza Construction Corporation Superintendent/Safety Coordinator D. General Requirements...._____ _________..________......________________....____________........_______...____________15 E. Personal Protective Equipment Requirernents.............______ _....._ _____........_ _.................................16 F. Work Site Requirements..___________.......__.___________.___......_______________.........________________..........__________18 G. Hazard Communication Standard Requirements......._________...........____________ ...._________.___________...29 H. Safety Orientation Program_ ________....... __.____________............. _______......................_____ __.... ______.._____..31 I. Insurance Company ......._ _..________............... _____..___..... _______________...__________.__________._______........______32 J. Fire Prevention_____.........___________.............___ ....____________.........___.__________________............_____.32 K. Safety Meetings.._______............_________...........____...........__...._________.............................. .36 L Group Tours and Visitors..........._________.._______________....____________..........__________...................._____.....37 M. Procedures with Respect to any Disaster or Emergency._________.......___________...........................____38 N. Ernergency Foci|iks and Telephone Numbers.............__________..........________.....______.............._____AO O. Substance Abuse .__________________...........______________....__41 ____________________________________...________________. P. Non-Compliance and Penalties._____________________......._________.............._____________...............____...____..41 GL Return to Work...............______________.._________________...___......_____........... .... ...........42 R. Conclusions..._______....... __.........___________..__________..__________.._________________....................______A2 NYC/NO SSM.Revised 4-19-11 2 Initial Below: Plaza Construction GübcGatrõctor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak 515' Manhattan, LLC (NYY SteakL 7 W. Street, NY Project Site Safety Program Exhibits A. Plaza Crienicni c.6 Training Record .. ________............................................................_ _..........43 Safety B. Disciplinary Program and Fine Schedule.................. _________......................_ ___________.................. ____.45 C. Superintendent's On-Site lacident Investigation Report . __.......________ _____...........___.._ __............_____.._47 D. NY State Einployer's Report of Work Related Accident (C-2) _________________..... _____________________..........48 E. Job Hazard Analysis Format)................................. __..............................................................._ _52 NYC/NO SSM,Revised 4-19-11 3 initial Below: Plaza Construction Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak Manhattan, LLC (NYY SteakL 7 W. 51‡ Street, NY Project Site Safety Program PROJECT SITE SAFETY PROGRAM A. PROGRAM OBJECTIVES l. 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) prevent 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 estab!ished 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 centractor's Safety and Health and Hazard Communications Programs shall incorporate the most stringent requirements of all œferenced 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 Safety 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 Occuperienal Safety and Health Administrative Standwds, and all other Federal, State and Local Codes and Regulations. NYC/NO SSM.Revised 4-19-11 4 Initial Below: Plaza Construction Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak LLC (NYY 7 W. 51d NY Manhattan, Steak), Street, Project Site Safety Program 5. The effectiveness of the Program will depend upon the active participation and wholehearted cooperation of all trade contractors, their sub-tier contractors and all supervisors and employees and the coordinelion of their efforts in carrying out the following basic procedures: • Plan all work to prevent personal damage and loss of productive injury, property time and to provide for public safety. • Maintain a system of prompt detection and correction of unsafe practices and conditions. • Establish and conduct an educational program to stimulate and rnainta|n interest and cooperation 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 inechanical guards. • Require the trade contractor and each trade contractor's superintendent and job forernan to be familiar with the provisions of the "Safety and Health Regulations Construction" for [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 Company's shall submit Safety their Program, Hazard Communications Program and Fall Protection in writing Program 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 the prevention of accidents to 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 Subcontracter'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 SubcGatrâctor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak LLC (NYY 7 W. 519 NY Manhattan, Steak), Street, 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 and 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 safety programs at the work site. The Construction Menefr 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 wbeenicactor or their representative at the site of the work, shall be deemed sufficient notice of noncompliance and corrective action required. After receiving the notice, the subccatractor shall immedin ly 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 to 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 lower-tier 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 of progress payments withholding due the subcontractor and/or termination of the subcontractor from the site. NYC/NO SSM.Revised 4-19-1 1 6 Initial Below: Plaza Construction Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak LLC (NYY Steak),7W.515' NY Manhattan, Street, 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 compliunce 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 - Each trade contractor shall appoint a responsible Safety Representatives supervisory employee 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, fareman, employee, subcontractor, and vendor to carry out the policias, 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 Representative (Competent Safety 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. > Attend each Project Safety Meeting. > Schedule and attend weekly Tool Box safety rñeetings to be chaired by Trade contiuoiur's job foreman with written minutes copied to the Site Safety Coordinator. NYC/NO SSM.Revised 4-1 9-1 1 7 Initial Below: Plaza Construction Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak Mghayan, LLC (NYY Steakl,7 W. 51 StreetnNY > Meet on a weekly basis with the Site Safety Cecidinator to ascertain that their Coispany 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. Department of Labor "Safety and Health Regulations for Construction" and any applicable State and Local Codes, Laws, Orders, Rules and Regü|ations such as hard hats, safety shoes, eye protection, etc. > Take immediate action to correct unsafe practices or cond:::cas when discovered. > Immediately report 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, periodkully, 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 Curamüñication Program in accordance with the Hazard Commun|cation Standard set forth in OSHA regulation at 29 CFR 1910.1200 and 29 CFR 1926.59 (see Part 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 Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak Manhattan, LLC (NYY Steak), 7 W. 5F Street, NY Project Site Safety Program > Give leadership, direction and support in the administration of safety activities. > Require trade supervisors to hold safety meetings as outlined in the program. > Require supervisors to report the topics of each safety ineeting. > 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 complying 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. • check to see that no unsafe practices or conditions are allowed to exist Continuously on any part of their work. • Acquaint employees with all applicable requirements and see that are safety they enforced. • Make a full investigation of accidents to determine facts to take corrective necessary action and prornptly complete the Supervisor's Accident invesiigetion Report (See Exhibit C). • box" Hold weekly "tool 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 receives prompt first-aid medica! attention. See that all person(s) injuries are properly reported and treated. NYC/NO SSM.Revised 4-19-11 9 Initial Below: Plaza Construction Subcontractor FILED: NEW YORK COUNTY CLERK 05/12/2023 04/16/2019 06:17 03:55 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 626 270 RECEIVED NYSCEF: 05/12/2023 04/16/2019 NYY Steak LLC (NYY 7 W.