epe hse contract clauses

Shell UIE - HSE Conditions of Contract – Type ‘MAX’ Model – Rev. 11 – February 2010 of 39

HSE CONDITIONS OF CONTRACT

TYPE ‘MAX’ MODEL

Drafting Note: These HSE Conditions of Contract are to be used in conjunction with the “UIE Minimum Requirements Matrix for HSE Conditions of Contract” and “Criteria for Selecting Type Model of HSE Conditions of Contract” diagram both held in the UIE CP Livelink area. This Type Max Model is suitable for:

Selecting appropriate articles, because it contains all HSE articles. Any alterations or additions to these articles are to be agreed with:

Contractor HSE Management Team.

Legal Counsel for part A. All drafting notes are for internal use only and shall be deleted before incorporation in ITT or contract!


CONTENT

SECTION VI PART A – GENERAL HSE CONDITIONS

Article 1 - Definitions Article 2 - HSE Standards Article 3 - HSE Management System Article 4 - Subcontractor Management Article 5 - Contract HSE Plan

SECTION VI PART B – WORK SPECIFIC HSE CONDITIONS SECTION VI PART C – SHELL U.K. LIMITED SPECIAL HSE CONDITIONS SECTION VI PART D – A/S NORSKE SHELL SPECIAL HSE CONDITIONS SECTION VI PART E – NEDERLANDSE AARDOLIE MAATSCHAPPIJ B.V. SPECIAL HSE

CONDITIONS SECTION VI PART F – SHELL E & P IRELAND LIMITED SPECIAL HSE CONDITIONS SECTION VI – APPENDICES

Appendix 1 - Overview of HSE Standards, HSE Specifications and other HSE requirements

Appendix 2 - COMPANY UIE HSE Policy Appendix 3 - COMPANY HSE Golden Rules Appendix 4 - COMPANY Life Saving Rules Appendix 5 - Monthly Reporting Contractor HSE Statistics Appendix 6 - Contractor Emergency Contacts Details List


SECTION VI PART A – GENERAL HSE CONDITIONS OF CONTRACT

ARTICLE 1 - DEFINITIONS

Drafting Note: Verify this Article to avoid duplication and potential conflicts and delete here any definitions, which are already provided in the Section II of the Contract.

A.1.1 The following definitions shall be used for the purpose of interpreting this section of

the CONTRACT: “ALARP” (As Low As Reasonable Practicable) shall mean such level of reduction of risk where cost and effort of further reduction measures becomes grossly disproportionate to the additional risk reduction obtained. “BAT” (Best Available Techniques) shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment. “PERSONNEL” shall mean workers referred to in European safety and health protection Directives and national legislation of CONTRACTOR and / or SUBCONTRACTOR as is necessary for the performance of the WORK in accordance with the CONTRACT and any other personnel under the direct or indirect control of CONTRACTOR and/or SUBCONTRACTOR, in relation to its performance under the CONTRACT. “HSE HAZARD” shall mean an object, physical effect or condition able to harm people, property or environment. “HSE STANDARD(S)” shall mean, as referred to individually or collectively, HSE policies, standards, procedures and requirements applicable to the performance of the WORK under the CONTRACT. “SUBCONTRACTOR” shall mean any subcontractor, agency or supplier of the CONTRACTOR of any tier. “COMPANY WORKSITE” shall mean the whole area of any COMPANY premises, sites, locations or installations, including temporary accommodations and COMPANY provided transportation. “CONTRACT HSE PLAN” shall mean the plan as specified in Article 5 specific for and covering all WORK to be performed under the CONTRACT. Such plan may be presented under various titles (e.g. Project HSE Plan, Contractor QHSE Plan), it may form part of other plans (e.g. Contract Execution Plan, Project Execution Plan), it may consist of a set of plans (e.g. HSE Improvement Plan, Safety Plan, Contract Environmental Plan, HSE Programme, Health & Safety Activity Plan, HSE Assurance Plan), provided it complies with the requirements as stated under Article 5.

ARTICLE 2 – HSE STANDARDS A.2.1 All PERSONNEL engaged in the WORK shall be conversant with and, at all times,

comply with the HSE STANDARDS. A.2.2 HSE STANDARDS shall include COMPANY HSE STANDARDS as specified in this

section of the CONTRACT, including Appendix 1.


A.2.3 CONTRACTOR shall have implemented a system to control changes to HSE

STANDARDS. CONTRACTOR shall ensure that PERSONNEL are informed about the effect of such changes to their work.

A.2.4 Where any part of the WORK is not covered by any of the HSE STANDARDS, or

when the defined HSE STANDARDS are considered or found to be inadequate, CONTRACTOR shall immediately notify COMPANY of such absence or inadequacy. COMPANY and CONTRACTOR shall then jointly develop and agree on additional or revised HSE STANDARDS to convert and reduce the risk of the relevant part of the WORK to ALARP and use BAT, if applicable. COMPANY and CONTRACTOR shall jointly agree on the distribution of additional cost resulting from implementation of such additional HSE STANDARDS, subject to article headed Variations to Section II – General Conditions of Agreement.

A.2.5 CONTRACTOR shall adhere to any HSE STANDARD prescribed by COMPANY. Any

written notice by COMPANY to (re)align with those HSE STANDARDS shall be acted up on by the date specified in that notice.

HSE Golden Rules and Life Saving Rules

A.2.6 All PERSONNEL shall be familiar with and work according to COMPANY‟s HSE

Golden Rules and Life Saving Rules, attached herein. A.2.7 In case PERSONNEL is visiting or working on a COMPANY WORKSITE, then they

shall be familiar with and work according to COMPANY‟s Life Saving Rules, as attached herein.

A.2.8 CONTRACTOR shall ensure that all PERSONNEL engaged in the WORK, including

subcontractors, have been informed about the Life Saving Rules and the consequences of not following these.

Substance (Ab)use

A.2.9 CONTRACTOR shall ensure, as far as reasonably practical, that all PERSONNEL do

not at any time partake of, be under the influence of, and do not transport to or have in their possession on or at COMPANY WORKSITES any medication, drugs, alcohol, natural stimulants, natural sedatives or other similar intoxicating substances, other than for bona fide medical reasons.

A.2.10 CONTRACTOR shall ensure that all PERSONNEL comply with national guidelines for

the transportation of medicines offshore. A.2.11 All PERSONNEL shall inform COMPANY REPRESENTATIVE of any concerns they

have around their ability to perform their task safely whether due to illness, injury, medication or adverse effect of medication. PERSONNEL shall not be in possession of more than the required amount of medication to meet the prescribed dosage. CONTRACTOR shall ensure that all PERSONNEL are aware of this requirement.

A.2.12 Any PERSONNEL found contravening article A.2.9 and/or A.2.10 will not be allowed

access to or will be removed from COMPANY WORKSITE with immediate effect and COMPANY shall not be liable for any charges or consequences arising directly or indirectly out of such removal. COMPANY reserves the right to remove any PERSONNEL from COMPANY WORKSITE where article A.2.9 and A.2.10 are complied with but the medication and/or effects are such that for the safety of the person taking the medication and/or others at the location removal is necessary.

Legislation


A.2.13 CONTRACTOR shall, as a minimum, comply with all HSE requirements imposed by

national legislation. A.2.14 CONTRACTOR shall report immediately to COMPANY:

Any enforcement action taken against CONTRACTOR;

Any complaint filed under HSE legislation against CONTRACTOR while performing the WORK.

ARTICLE 3 – HSE MANAGEMENT SYSTEM HSE Policy

A.3.1 CONTRACTOR shall have a Health, Safety and Environment (HSE) policy, which is:

Documented and visibly endorsed by top management;

Of a standard comparable to COMPANY‟s policy attached in Appendix 2;

Known by and available to all PERSONNEL;

Implemented and maintained at all levels in CONTRACTOR‟s organisation. Target and Objective setting

A.3.2 CONTRACTOR's HSE goal shall be "Goal Zero" to reflect CONTRACTOR's

commitment to an accident free workplace. A.3.3 CONTRACTOR‟s targets and objectives shall be focused on leading indicators and

pro-active efforts to reduce the likelihood and severity of incidents. HSE Management System

A.3.4 CONTRACTOR shall have a fully documented and effectively implemented HSE

Management System. A.3.5 The scope of CONTRACTOR‟s HSE Management System shall cover all areas of the

WORK, including WORK to be performed by any SUBCONTRACTOR and all interfaces with COMPANY and SUBCONTRACTOR‟s.

A.3.6 CONTRACTOR‟s HSE Management System may be subject to review by COMPANY

prior to mobilization for the WORK and until completion of the WORK to a frequency agreed by COMPANY.

A.3.7 In the event CONTRACTOR‟s HSE Management System is certified it shall remain

certified for the duration of the contract. If the certificate is suspended, withdrawn or lapsed in any other way, CONTRACTOR shall immediately inform COMPANY.

HSE Management System Interfacing

A.3.8 CONTRACTOR shall, where relevant, identify and control interfaces between HSE

Management Systems of CONTRACTOR, COMPANY and other interfacing parties HSE interfaces, consistent with “Step Change In Safety - Health and Safety Management Interfacing Guidance (2003)”.

A.3.9 CONTRACTOR shall participate in a documented HSE interfacing process,

consistent with “Step Change In Safety - Health and Safety Management Interfacing Guidance (2003)”, to identify and control the interfaces between HSE Management Systems of CONTRACTOR, COMPANY and other interfacing parties. CONTRACTOR shall implement agreed arrangements and verify these are up-to-date throughout the WORK.


A.3.10 Where applicable, CONTRACTOR shall conduct an HSE interfacing process with SUBCONTRACTORs consistent to that set out in article A.3.9. The CONTRACTOR / SUBCONTRACTOR interface documents shall be made available to COMPANY for review on request.

A.3.11 The agreed outcome of the HSE interfacing process in article A.3.9 shall be

documented jointly by COMPANY and CONTRACTOR in the “Contract HSE Management System (MS) Interface Document”.

A.3.12 Contract HSE MS Interface Document shall be developed and agreed by COMPANY

and CONTRACTOR prior to the commencement of mobilisation and/or physical work commences.

A.3.13 Throughout the duration of the WORK, the Contract HSE MS Interface Document

shall be reviewed and updated at a frequency agreed by COMPANY and CONTRACTOR and in the event there is a significant intermediate change, which may affect interface arrangements, e.g. audit or incident investigation.

HSE Risk Management

A.3.14 CONTRACTOR shall employ best practice methods and meet all legal requirements

in identifying, assessing and controlling HSE HAZARDs. These methods and the outcome shall be documented.

A.3.15 CONTRACTOR shall reduce HSE HAZARDS to a level, which is ALARP and use

BAT, if applicable. CONTRACTOR shall submit, upon COMPANY request, its risk acceptance criteria for COMPANY review.

Environmental Management

A.3.16 CONTRACTOR shall comply with COMPANY‟s Global Environmental Standards

(EP2005-0161) as referred to in Appendix 1, as relevant to the WORK. A.3.17 CONTRACTOR‟s environmental management system shall follow the principles of

the ISO 14001 standard. A.3.18 CONTRACTOR shall specify in the CONTRACT HSE PLAN (ref. Article 5), or

separate Contract Environmental Plan, measures applied to avoid harm to the environment by minimizing climate impact, energy consumption, health- and environmentally dangerous chemicals, waste, resources, packing materials (e.g. by using used or recycled materials).

HSE Organisation A.3.19 CONTRACTOR HSE organisation shall provide fit-for-purpose HSE support to plan,

execute and monitor the WORK. Competence and Training

A.3.20 CONTRACTOR shall ensure that PERSONNEL are competent, capable and qualified

to a level that allows them to work without creating unnecessary risk for themselves and others.

A.3.21 CONTRACTOR shall ensure that all PERSONNEL have and maintain the necessary

HSE competencies to perform the WORK to the HSE STANDARDS. A.3.22 CONTRACTOR shall ensure that all supervisory PERSONNEL have formal training

in:

Supervision;

HSE;


Intervention. A.3.23 CONTRACTOR shall have implemented a system that assures competence of

PERSONNEL. CONTRACTOR shall provide information about the system upon COMPANY request.

A.3.24 For those roles where no suitable recognised competence standards exist,

CONTRACTOR shall provide, upon COMPANY request, information on the selection criteria and/or method used to provide assurance of individual competence.

A.3.25 CONTRACTOR shall establish and agree with COMPANY a CONTRACTOR Key

Personnel List of PERSONNEL taking HSE critical roles. The list shall identify key CONTRACTOR individuals by name and by (key) role.

A.3.26 For every role on this CONTRACTOR Key Personnel List, CONTRACTOR shall

define minimum requirements for HSE competences and qualifications relevant to the WORK. CONTRACTOR shall identify the extent of compliance with these requirements. CONTRACTOR shall maintain the list and provide to COMPANY upon request.

A.3.27 CONTRACTOR shall minimize turn-over of PERSONNEL, where possible, to ensure

established competence levels and to minimise role discontinuity. CONTRACTOR shall obtain COMPANY‟s written approval prior to replacing any PERSONNEL listed on the CONTRACTOR Key Personnel List.

A.3.28 CONTRACTOR shall have implemented a system that records the training of

PERSONNEL. CONTRACTOR shall keep training records up-to-date. CONTRACTOR shall furnish information about the system and/or records of training upon request by COMPANY.

A.3.29 Unless otherwise agreed with COMPANY in writing, all training of PERSONNEL shall

be at CONTRACTOR‟s cost. Behavioural Safety A.3.30 CONTRACTOR shall have in place a Behavioural Based Programme. A.3.31 CONTRACTOR shall demonstrate senior management commitment by conducting

regular visits to the relevant worksites and by attending Behavioural Based Training. A.3.32 CONTRACTOR shall actively train and encourage PERSONNEL to intervene on

unsafe behaviours and situations and report on deviations from procedures, plans and expectations. Note that PERSONNEL include SUBCONTRACTOR personnel.

Occupational Health Management and Working Environment

A.3.33 CONTRACTOR shall comply with COMPANY‟s Health Management Standards as

referred to in Appendix 1, as relevant to the WORK. Medical Fitness / Fitness to Work

A.3.34 CONTRACTOR shall ensure that all PERSONNEL engaged in the WORK are

medically fit for the job to be undertaken. A.3.35 CONTRACTOR shall be able to demonstrate that PERSONNEL, selected for

positions for which Fitness to Work medical evaluation is required, follow the guidance as laid down in COMPANY‟s “Protocols and Guidance Notes of Fitness to Work”.


A.3.36 If in the opinion of COMPANY, any PERSONNEL are not medically fit to travel or work offshore, then COMPANY reserves the right to:

refuse permission for that PERSONNEL to travel offshore; or

return that PERSONNEL from offshore. Working Times

A.3.37 CONTRACTOR shall implement a policy and arrangements for working time in

accordance with the national legislation. Mobilisation / Start-up of the Work

A.3.38 Prior to mobilization and starting any part of the WORK, CONTRACTOR shall provide

a written confirmation, stating that both CONTRACTOR and SUBCONTRACTORs fulfil the requirements of the CONTRACT.

A.3.39 CONTRACTOR shall, prior to commencement of the WORK, inform all PERSONNEL

about all (legislative, COMPANY, CONTRACTOR) HSE regulations, rules, requirements, instructions, information, which are or could be related to the WORK. Such regulations, rules, requirements, instructions and information may be subject to review by COMPANY. CONTRACTOR shall communicate these in such a manner that all PERSONNEL can easily understand it. CONTRACTOR shall ensure that any new PERSONNEL are informed in an equal manner.

A.3.40 Before commencement of the WORK CONTRACTOR shall ensure all PERSONNEL

involved in the WORK receive a Mobilisation Briefing detailing COMPANY expectations in performance of the WORK and risks associated with WORK. CONTRACTOR shall ensure that any new PERSONNEL are informed in an equal manner.

HSE Communications and Meetings

A.3.41 CONTRACTOR shall ensure efficient and effective HSE communication and

consultation with all PERSONNEL involved in the WORK. This includes but is not limited to toolbox meetings prior to the start of the WORK, worksite HSE meetings on a regular basis with all parties involved (including SUBCONTRACTORs, COMPANY and third parties), newsletters, etc.

A.3.42 CONTRACTOR shall participate in relevant COMPANY HSE meetings. HSE Performance Reporting

A.3.43 CONTRACTOR shall submit on a monthly, or at least quarterly, basis an HSE

Performance Report to COMPANY Representative. This report shall contain as a minimum the following data, as related to the WORK:

Progress against implementation of the CONTRACT HSE PLAN.

A list, including a brief description, of all incidents (including near misses and potential incidents);

Exposure hours (including SUBCONTRACTOR exposure hours), broken-down per worksite/location;

Number of Fatalities (FAT);

Number of Permanent Total Disabilities (PTD);

Number of Lost Workday Cases (LWC);

Number of Restricted Workday Cases (RWC);

Number of Medical Treatment Cases (MTC);

Number of First Aid Cases (FAC);

Number of Environmental Non-conformances;

Number of Environmental Spills;

Leading performance indicators as agreed with COMPANY;


Additional contract specific HSE performance data, as to be agreed with COMPANY.

And, in case required by COMPANY and/or regulatory requirements:

Mileage / kilometres driven for the WORK;

Fuel / gas consumption;

Electricity consumption;

Water usage (public facilities / surface water / ground water);

Water discharge;

Waste generated. The format, content and the frequency of the HSE Performance Report shall be agreed with COMPANY prior to the commencement of the WORK. However, HSE statistics shall be reported using the form attached in Appendix 5.

A.3.44 CONTRACTOR shall submit on a monthly, or at least quarterly, basis an HSE

Performance Report to COMPANY Representative. This report shall contain as a minimum the following data, as related to the WORK:

A list, including a brief description, of all incidents (including near misses and potential incidents);

Exposure hours (including SUBCONTRACTOR exposure hours), broken-down per worksite/location;

Number of Fatalities (FAT);

Number of Permanent Total Disabilities (PTD);

Number of Lost Workday Cases (LWC);

Number of Restricted Workday Cases (RWC);

Number of Medical Treatment Cases (MTC);

Number of Environmental Non-conformances;

Number of Environmental Spills;

Additional contract specific HSE performance data, as to be agreed with COMPANY.

The format, content and the frequency of the HSE Performance Report shall be agreed with COMPANY prior to the commencement of the WORK. However, HSE statistics shall be reported using the form attached in Appendix 5.

A.3.45 In the event that CONTRACTOR receives an „amber‟ or „red‟ stoplight banding from

COMPANY on HSE performance, then CONTRACTOR shall prepare and implement an HSE Improvement Plan to rectify such. Reference is made to “Stoplight Reporting” requirements listed in Appendix 1.

A.3.46 CONTRACTOR shall submit an Annual HSE Performance Report by the 15th of

January of the following year. A.3.47 CONTRACTOR shall submit an HSE Performance Close-out Report at the end of the

CONTRACT period. A.3.48 Both the Annual HSE Performance Report and the HSE Performance Close-out

Report, as mentioned in article A.3.46 and A.3.47, shall as a minimum address the following:

All data as mentioned in article A.3.43/A.3.44 consolidated for the entire contract period;

List of all incidents (including near misses and potential incidents);

Summary of underlying causes of and follow-up to incidents with significant actual consequences;

HSE successes that should be considered for next year or future work;

Problems experienced and actions taken to resolve these;

Effectiveness of CONTRACT HSE PLAN implementation;

Effectiveness of HSE interfacing process;


SUBCONTRACTOR performance evaluation;

Any other lessons to be learnt and suggestions for improvements. HSE Incident Management

A.3.49 CONTRACTOR shall have a structured and documented HSE incident notification,

investigation and reporting system. A.3.50 CONTRACTOR shall report any HSE incident and/or accident, related to

CONTRACTOR activities or PERSONNEL, to national or local authorities as required by relevant legislation.

A.3.51 CONTRACTOR shall notify COMPANY REPRESENTATIVE immediately of any HSE

incident, including near misses and significant potential incidents, arising from CONTRACTOR‟s or SUBCONTRACTOR‟s activities associated with the WORK, related to:

Harm to COMPANY, CONTRACTOR and SUBCONTRACTOR PERSONNEL or Third Party,

Harm to the environment,

Damage to, or loss of, COMPANY, CONTRACTOR, SUBCONTRACTOR or Third Party assets.

Harm to COMPANY reputation. A.3.52 CONTRACTOR shall submit incident notifications to COMPANY per COMPANY

requirements listed in Appendix 1. A.3.53 CONTRACTOR shall co-operate fully with COMPANY and participate as necessary

in any COMPANY investigation of HSE incidents. A.3.54 CONTRACTOR shall investigate any incident as described in article A.3.51. A.3.55 COMPANY shall have the right to participate in any such investigation (or in certain

circumstances to initiate its own investigation) of these incidents, wherever they occur, and shall have unrestricted access at all reasonable times to the facilities, equipment, materials, records and PERSONNEL of CONTRACTOR and SUBCONTRACTOR(s) for this purpose (subject only to any statutory or contractual obligation prohibiting the disclosure of any such records by CONTRACTOR).

A.3.56 CONTRACTOR shall include in all SUBCONTRACTs, associated with the WORK,

rights of access for COMPANY with respect to incident investigation, as described herein.

A.3.57 Nothing in above articles shall restrain CONTRACTOR from investigating incidents

related to CONTRACTOR activities or PERSONNEL and, in such cases, CONTRACTOR shall provide a copy of their completed incident report to COMPANY on request (subject only to any statutory or contractual obligation prohibiting the disclosure of any such records by CONTRACTOR).

A.3.58 CONTRACTOR shall present incident investigation results to COMPANY, in case

required by COMPANY. A.3.59 CONTRACTOR shall implement the recommendations arising from incident

investigations and shall ensure that findings are fully communicated to all relevant PERSONNEL.

Emergency Preparedness and Response

A.3.60 CONTRACTOR shall maintain fit-for-purpose Emergency Response Capability, which

shall be clearly documented.


A.3.61 In cases required by COMPANY, CONTRACTOR shall develop, in collaboration with COMPANY, an Emergency Bridging Document. Such Emergency Bridging Document shall be implemented, and PERSONNEL shall be briefed on the content, prior to start of the WORK.

A.3.62 Where applicable, CONTRACTOR shall provide fit-for-purpose survival equipment, first-aid equipment, life-saving equipment, fire-fighting equipment and oil/chemical spill equipment. CONTRACTOR shall ensure that involved PERSONNEL are trained and competent in its use.

A.3.63 CONTRACTOR shall develop and maintain a programme of training and exercises to

ensure competency of all individuals and teams involved in the emergency response organisation, in accordance with national and COMPANY requirements.

A.3.64 CONTRACTOR shall ensure that all PERSONNEL are aware of COMPANY‟s

emergency procedures. CONTRACTOR shall instruct all PERSONNEL to comply with COMPANY‟s instructions during emergencies.

A.3.65 COMPANY shall brief PERSONNEL on their roles and responsibilities in emergency

situations. A.3.66 PERSONNEL working offshore shall have completed basic HSE and emergency

preparedness and response training, including HUET (Helicopter Underwater Escape Training), in accordance with requirements of the industry standards in the country of operation.

A.3.67 Basic emergency preparedness and response training will be at CONTRACTOR‟s

cost. A.3.68 CONTRACTOR shall make available PERSONNEL to participate in periodic drills,

instructions in first-aid, survival, life-saving and fire-fighting as may be requested and conducted from time to time by COMPANY.

A.3.69 COMPANY reserves the right to nominate PERSONNEL to positions within the (local)

emergency response organisation. In case this requires specific training such will be at COMPANY‟s cost.

A.3.70 Participation of CONTRACTOR in large scale Emergency Response exercises, as

requested by COMPANY, will be at COMPANY‟s cost. Compensation mechanism to be agreed with COMPANY prior to such exercises.

A.3.71 In case the scope of the CONTRACT requires PERSONNEL to perform work at or

close to COMPANY WORKSITE, then CONTRACTOR shall, before start of the WORK, provide COMPANY with a „Contractor Emergency Contact Details‟ list (Appendix 6). Such list shall contain CONTRACTOR‟s emergency telephone numbers that are available 24 hours per day, 7 day per week. CONTRACTOR shall inform COMPANY immediately of any changes to this „Contractor Emergency Contact Details‟ list.

HSE Audits, Reviews and Inspections

A.3.72 CONTRACTOR shall perform audits, reviews and inspections on the worksite as

required by CONTRACTOR‟s HSE Management System or by COMPANY. A.3.73 During these audits, reviews and inspections CONTRACTOR shall verify that

CONTRACTOR has fulfilled any and all legal obligations, including conditions and stipulations in all relevant licenses, consents and permits and that the WORK is performed in accordance with HSE STANDARDS.


A.3.74 CONTRACTOR shall provide capable, qualified and competent PERSONNEL to perform audits, reviews and inspections.

A.3.75 Upon COMPANY‟s request, CONTRACTOR shall submit reports of audits, reviews

and inspections to COMPANY. A.3.76 CONTRACTOR shall, upon COMPANY request, demonstrate effective

implementation of findings from audits, reviews and inspections. A.3.77 CONTRACTOR shall co-operate with any HSE audit, review or inspection carried out

by COMPANY. COMPANY shall inform CONTRACTOR of the results. HSE Records

A.3.78 CONTRACTOR shall retain relevant HSE records resulting from its WORK in line with

relevant legislation. COMPANY shall be given access to these records on request.

ARTICLE 4 – SUBCONTRACTOR MANAGEMENT A.4.1 CONTRACTOR shall ensure that SUBCONTRACTORs comply with HSE

STANDARDS, including Articles 1 to 5 of this section, including Appendices, as appropriate.

A.4.2 CONTRACTOR shall include suitable equivalent articles in their SUBCONTRACTs to

meet the requirements of article A.4.1 and an obligation to comply with the requirements of the CONTRACT.

A.4.3 There shall be no more than two (2) layers of SUBCONTRACTs, unless formally

agreed with COMPANY otherwise. A.4.4 CONTRACTOR shall inform COMPANY in advance in a reasonable time of portions

of the WORK that CONTRACTOR intends to subcontract. A.4.5 CONTRACTOR shall use a fit-for-purpose process for identification, evaluation and

selection of SUBCONTRACTORs consistent with “OGP (The International Association of Oil & Gas Producers) Report no. 6.64/291” or an equivalent industrial or statutory system.

A.4.6 COMPANY reserves the right to participate in the evaluation of HSE capability and

approve any SUBCONTRACTOR accordingly. A.4.7 CONTRACTOR shall inform COMPANY in advance in a reasonable time of the

details of any planned award of a SUBCONTRACT. This includes, but is not limited to subcontracted workscope, SUBCONTRACTOR company name and anticipated award date.

A.4.8 CONTRACTOR shall provide to SUBCONTRACTOR, as a minimum, in a format and

level that will be readily understood by SUBCONTRACTOR:

specific HSE HAZARDS as relevant to SUBCONTRACTOR‟s WORK;

HSE STANDARDS as relevant to SUBCONTRACTOR‟s WORK;

CONTRACT HSE PLAN. A.4.9 CONTRACTOR shall ensure that SUBCONTRACTOR familiarises itself with the

information as provided under article A.4.8 and with its role in implementing the CONTRACT HSE PLAN.


A.4.10 CONTRACTOR shall maintain an overview of SUBCONTACTORS, showing activities to be performed and risk level relevant to the WORK. CONTRACTOR shall provide this overview to COMPANY upon request.

A.4.11 CONTRACTOR shall ensure that all SUBCONTRACTOR PERSONNEL are

competent, capable and qualified as per the provisions contained in Article 3. A.4.12 CONTRACTOR shall be accountable for SUBCONTRACTOR HSE performance. A.4.13 COMPANY reserves the right to refuse SUBCONTRACTOR access to COMPANY

WORKSITE and to re-allocate work following non-compliance to HSE STANDARDS. A.4.14 CONTRACTOR shall provide evaluation of SUBCONTRACTOR‟s HSE performance

upon completion of the work.

ARTICLE 5 – CONTRACT HSE PLAN A.5.1 CONTRACTOR shall prepare and submit for COMPANY review a CONTRACT HSE

PLAN, which covers all WORK under the CONTRACT and, if appropriate, relevant parts of the COMPANY HSE Plan. This CONTRACT HSE PLAN shall be reviewed and accepted by COMPANY prior to the commencement of mobilisation and/or any physical work commences.

A.5.2 Format of CONTRACT HSE PLAN shall be to a standard agreed by COMPANY. CONTRACT HSE PLAN shall include as a minimum:

Relevant requirements as resulting from HSE STANDARDS;

CONTRACTOR‟s (annual) targets for HSE performance. These shall be aligned with COMPANY‟s targets for HSE performance;

HSE HAZARDS associated with the WORK;

CONTRACTOR Organisation chart, outlining (HSE) roles and responsibilities related to the WORK;

CONTRACTOR‟s proposed application of HSE systems, programmes and other HSE activities to mitigate risks associated with the WORK;

CONTRACTOR‟s activities to rectify and continuously improve HSE performance;

CONTRACTOR‟s HSE assurance plan including: o HSE audit, inspection, and review schedule (ref. article A.3.72); o HSE meeting, worksite visit and engagement schedule during

mobilisation, execution of the WORK and demobilisation. A.5.3 CONTRACTOR shall review CONTRACT HSE PLAN on a regular basis and prior to

any phase or part of the work where new HSE HAZARDS are identified. Such review shall be conducted at least every year, preferably before January of the next calendar year to ensure alignment with COMPANY and CONTRACTOR annual corporate HSE plans. Any proposed revision to the CONTRACT HSE PLAN, shall be submitted to COMPANY for review and comment prior to implementation.

A.5.4 CONTRACTOR shall implement CONTRACT HSE PLAN and communicate its

relevant parts, including subsequent revisions, to PERSONNEL. A.5.5 CONTRACTOR shall report performance and progress against CONTRACT HSE

PLAN in accordance with the requirements contained in article A.3.43/A.3.44.


SECTION VI PART B – WORK SPECIFIC HSE CONDITIONS

Drafting note: Leave out clauses that are not relevant to the scope of the contract (after consulting

Contractor HSE Mgt team). Note that some articles shall be included only in case these are relevant. These are headed by: “[Conditional article delete when not relevant]” If in doubt contact Expertise Holder.

This section contains requirements that shall be read in conjunction to Section VI Part A. HSE Case(s) and statutory HSE Plans

B.1 Notwithstanding Article 5, CONTRACTOR shall submit WORK specific

HSE/Safety/Environmental Cases or other statutory HSE Plans relevant to the WORK or shall contribute to HSE/Safety/Environmental Cases or other statutory HSE Plans prepared by COMPANY. The risk assessment mentioned in article A.3.14 and A.3.15 shall be reflected therein.

HSE Organisation

B.2 CONTRACTOR HSE organisation shall operate independent from line organisation

and report directly to top level management of CONTRACTOR‟s organisation. Road Safety

B.3 PERSONNEL shall execute any road transport associated with the WORK in

accordance with COMPANY‟s EPE HSE Road Transport Standard (doc.no. EP2005-0261-ST-EPE). Note that PERSONNEL include SUBCONTRACTOR personnel.

Personal Protective Equipment (PPE)

B.4 CONTRACTOR shall ensure that PERSONNEL are provided with sufficient and fit-

for-purpose Personal Protective Equipment (PPE) and shall ensure that such is maintained in a good condition. CONTRACTOR ensures that PERSONNEL are trained to use PPE in a correct manner.

B.5 CONTRACTOR shall comply with the PPE requirements as contained in

COMPANY‟s Technical Standard regarding Personal Protective Equipment (doc.no. DEP.80.80.0016) or equivalent.

Hazardous Activities – Specialised Training

B.6 CONTRACTOR shall identify and document activities that require special or

additional training in respect of potential risks associated with the WORK, such as but not limited to activities involving asbestos removal, exposure to chemicals, mercury, radiation, BTEX, high noise and vibration levels or other occupational health and safety hazards. CONTRACTOR shall ensure that PERSONNEL are trained accordingly.

Permit to Work

B.7 CONTRACTOR shall use a Permit to Work system at site to control HSE risks.


B.8 If applicable PERSONNEL will follow the Permit to Work system applied by the COMPANY. PERSONNEL will obtain and adhere to a Permit to Work. PERSONNEL‟s role may be applicant and/or holder of a Permit to Work.

B.9 CONTRACTOR shall ensure that PERSONNEL are competent, capable and qualified

to follow the Permit to Work system applied by COMPANY.

B.10 CONTRACTOR may use it‟s own Permit to Work system to control and supervise CONTRACTOR and SUBCONTRACTOR PERSONNEL as long as this system is not in conflict with COMPANY‟s Permit to Work system. CONTRACTOR shall obtain COMPANY approval for such situation.

Chemicals

B.11 CONTRACTOR shall adhere to COMPANY‟s procedures with respect to the handling

and use of chemicals as listed in Appendix 1. B.12 CONTRACTOR shall provide to COMPANY up-to-date information, on health, safety

and environmental hazards posed by chemical products used in the work in line with COMPANY‟s procedure (doc.no. EPE.CHEMICALS.PR.10).

B.13 CONTRACTOR shall send updates of MSDS information of chemicals in use directly

to COMPANY Chemical Support Team through the email address [email protected].

B.14 CONTRACTOR shall ensure that chemicals are approved for use on COMPANY

WORKSITE prior to being supplied, stored and/or used. B.15 If CONTRACTOR manufactures or imports chemicals, CONTRACTOR shall comply

with prevailing statutes as well as regulations and guidelines on evaluating and classifying chemicals (e.g. REACH). All substances supplied by CONTRACTOR shall have been pre-registered / registered in accordance with REACH legislation and any chemical application areas under the contract must be covered by the substance exposure scenarios in the REACH registration process.

B.16 CONTRACTOR shall adhere to legislation and local permit requirements for the use

and (potential) discharge of ALL chemicals. Mercury

B.17 CONTRACTOR shall assess the occupational risks associated with working at

CONTRACTOR worksite with COMPANY provided potentially mercury contaminated materials and equipment. CONTRACTOR shall take measures to protect the safety and health of PERSONNEL. This includes prevention of occupational risks, provision of information and training, arranging necessary organisation and resources, including health surveillance if appropriate. CONTRACTOR shall inform all PERSONNEL at CONTRACTOR worksite who may be exposed by working with COMPANY provided potentially mercury contaminated materials and equipment. Such information shall as a minimum cover the assessed risks and the steps taken or to be taken towards protection.

In case CONTRACTOR subcontracts (part of the) WORK, involving COMPANY

provided potentially mercury contaminated materials and equipment, then CONTRACTOR shall ensure that SUBCONTRACTOR shall take measures to protect health of PERSONNEL.

At COMPANY WORKSITE the COMPANY procedures and instructions will apply.

Waste Management

mailto:[email protected]

mailto:[email protected]


B.18 CONTRACTOR shall handle all waste in accordance with applicable national laws and regulations.

B.19 CONTRACTOR shall handle all waste produced on COMPANY WORKSITE, in

accordance with:

COMPANY Waste Management Standard (doc.no. EPE.WASTE.ST.01 / EP200506207830).

COMPANY Waste Management Policy (doc.no. EPE.WASTE.PO.01 / P200411203337).

B.20 CONTRACTOR shall minimise the total quantity, and environmental impact of any

waste resulting from execution of the WORK. B.21 CONTRACTOR shall identify any waste at the planning stage of any WORK. Any

opportunities for the reduction of waste, or minimisation of the environmental impact of the waste, shall be identified at this stage.

B.22 CONTRACTOR shall handle waste they generate on COMPANY premises, sites or

installations, in accordance with the COMPANY site procedures and using COMPANY appointed waste contractors and agreements. CONTRACTOR is responsible for the safe containment and identification of any waste they produce, and to hand-over the waste to COMPANY representative for offsite disposal.

Rope Access

B.23 In case WORK includes rope access, CONTRACTOR shall ensure this is performed

by a company that is IRATA (Industrial Rope Access Trade Association) certified. In case IRATA certified company cannot be used (e.g. due national codes & standards), then contractor shall provide unambiguous evidence that proposed alternative company works according to a code of practice which satisfies the minimum requirement as prescribed in IRATA certification scheme code of practice.


SECTION VI PART C – SHELL U.K. LIMITED SPECIAL HSE CONDITIONS

Drafting note: Include the following local country specific clauses as appropriate the intended geographical coverage of the contract. If in doubt contact your local HSE Contractor Mgt Specialist. Note that some articles shall be included only in case these are relevant. These are headed by: “[Conditional article delete when not relevant]” Leave out clauses that are not relevant to the scope of the contract (after consulting your

local HSE Contractor Mgt Specialist and/or relevant Expertise Holder).

This section contains requirements that are applicable for the United Kingdom area and shall be read in conjunction with Section VI Part A and Part B.

GENERAL Environmental Management

C.1 CONTRACTOR shall evaluate and follow-up any environmental impact as result of

the WORK. The follow-up shall include environmental monitoring where required. CONTRACTOR shall use results systematically to minimise environmental impact.

C.2 CONTRACTOR shall include environmental aspects in all technical evaluations that

involve discharges to sea and emissions to air. Evaluations of alternative technical solutions, processes and equipment shall include chemicals, energy requirements, discharges and waste generation to sea, emissions to air. The evaluations shall serve as criteria when selecting solutions based on cost-benefit analysis. CONTRACTOR shall document all evaluations and shall submit these to COMPANY upon request. CONTRACTOR shall have substitution plans for chemicals in line with regulatory requirements.

C.3 CONTRACTOR shall include environmental aspects in management documentation

including operational procedures. Competence and Training C.4 CONTRACTOR shall ensure that PERSONNEL have completed the introductory

safety programme as per Minimum Industry Safety Training (MIST) requirements. C.5 CONTRACTOR shall ensure that key PERSONNEL have completed HSE and

emergency response training as per SUKEP standard “Staff Competence Standards (Surface Operations) 2007” (doc.no. EP.71.ST.78-008) and, via consultation with COMPANY, as per requirements of the relevant Environmental Case.

C.6 CONTRACTOR shall keep adequate training records in compliance with relevant

legislation. PERSONNEL shall be able to demonstrate compliance to the requirements of article C.4 and C.5.

Medical Fitness / Fitness to Work

C.7 Examination of medical Fitness to Work of PERSONNEL working offshore, shall be

conducted in accordance with OGP (The International Association of Oil & Gas Producers) "Medical Aspects of Fitness for Work Offshore - Guidance for Examining Physicians".


C.8 CONTRACTOR shall formally advise COMPANY of any known medical disability or

condition of any PERSONNEL, which may adversely affect his/her own health or safety, or the health, or safety of others.

C.9 CONTRACTOR shall hold current Medical Certificates of Fitness for all PERSONNEL

who are required to work offshore for fifteen (15) days or more in any twelve (12) month period.

C.10 On request, CONTRACTOR shall submit to COMPANY a list of the physicians used

by CONTRACTOR for medical fitness assessments. Emergency Preparedness and Response

C.11 CONTRACTOR shall, when working in a ring-fenced area on COMPANY

WORKSITE, be responsible for the provision of first aid and for carrying out other emergency response tasks. CONTRACTOR shall ensure that PERSONNEL are assigned, trained and qualified to perform these tasks.

WORK SPECIFIC Chemicals

C.12 CONTRACTOR shall comply with the COSHH regulations for all tasks employing the

use of hazardous chemicals. C.13 CONTRACTOR supplying chemicals covered by the Offshore Chemical Regulations

(OCR 2002) shall submit to COMPANY up-to-date CEFAS templates. Radiation

C.14 In case CONTRACTOR uses radioactive sources, which are not owned by

COMPANY, then CONTRACTOR shall have a valid permit (Registration) as required under the Radioactive Substances Act. CONTRACTOR shall confirm to COMPANY in writing that all requirements, as defined in the “Registration” have been fulfilled.

C.15 CONTRACTOR is not allowed to use any radioactive sources unless explicitly notified

to the COMPANY Radiation Protection Supervisor in advance. C.16 CONTRACTOR who may work with Naturally Occurring Radioactive Material

(NORM) at COMPANY WORKSITE shall have 'Local Rules' in place to meet the requirements of the Ionizing Radiation Regulations.

C.17 CONTRACTOR shall ensure that a copy of their Registration, as referred to in article

C.14, and 'Local Rules' are available on worksite at the start and for the duration of the work.

C.18 CONTRACTOR shall assign a coordinator who acts as a day-to-day focal point for

COMPANY‟s Radiation Protection Supervisors. C.19 CONTRACTOR shall assure that the work is also in accordance with COMPANY

'Local Rules'.


SECTION VI PART D – A/S NORSKE SHELL SPECIAL HSE CONDITIONS



This section contains requirements that are applicable for Norway and shall be read in conjunction with Section VI Part A and Part B.

GENERAL

Principle Enterprise and Workforce Involvement

D.1 CONTRACTOR shall act as Principle Enterprise as defined by the Norwegian

Working Environment Act. D.2 CONTRACTOR shall have a safety delegate system (“verneombudsordning”)

implemented (AMU). D.3 PERSONNEL shall elect representatives as Safety Delegates to participate in the

Safety Service at worksite and in the Joint Safety Committee (KAMU). HSE Management System

D.4 COMPANY will assess CONTRACTOR‟s HSE Management System using NORSOK

Standard S-006 “HSE Evaluation of Contractors”. Environmental Management

D.5 CONTRACTOR shall evaluate and follow-up any environmental impact as result of

the work. The follow-up shall include environmental monitoring where required. CONTRACTOR shall use results systematically to minimise environmental impact.

D.6 CONTRACTOR shall include environmental aspects in all technical evaluations that

involve discharges to sea and emissions to air. Evaluations of alternative technical solutions, processes and equipment shall include chemicals, energy requirements, discharges and waste generation to sea, emissions to air. The evaluations shall serve as criteria when selecting solutions based on cost-benefit analysis. CONTRACTOR shall document all evaluations and shall submit these to COMPANY upon request. CONTRACTOR shall have substitution plans for chemicals in line with regulatory requirements.

D.7 CONTRACTOR shall include environmental aspects in management documentation

including operational procedures. Competence and Training

D.8 CONTRACTOR shall ensure that PERSONNEL have completed HSE and

emergency response training as per NSEP procedure “Safety and emergency


preparedness training and health certificate – health statement”” EP.17.PR.15 (offshore activity) and/or ”Instruction for Safety and Security on Nyhamna” 37-1A-NS-A05-00001 (onshore activity).

D.9 CONTRACTOR shall keep adequate training records. PERSONNEL shall be able to

demonstrate compliance to the requirements as stated in NSEP procedure EP.17.PR.15, where applicable.

Occupational Health Management and Working Environment D.10 CONTRACTOR shall have a system implemented for monitoring all physical,

chemical, biological, ergonomic and psychosocial/organisational factors which could be a potentially detriment to health and performance. The system shall be linked to continuous systematic monitoring of exposure of PERSONNEL to these factors, and to actions reducing potential exposure incorporated in the CONTRACT HSE PLAN.

D.11 CONTRACTOR shall evaluate all chemicals to be used during the WORK for their

health risks during transport, use and disposal. Chemicals with lowest health risk shall be prioritised wherever this is technically and operationally feasible. All evaluations shall be documented and be available to COMPANY on request. CONTRACTOR shall prepare a plan for replacing chemicals.


D.12 Examination of medical fitness to work of PERSONNEL working offshore, shall be

conducted in accordance with “Regulations concerning medical requirements for persons engaged in the petroleum activities”.

D.13 PERSONNEL working offshore shall hold a current Medical Certificate of Fitness.

This certificate shall only be issued following a medical examination, which has been conducted in accordance with Norwegian regulations.

D.14 Specific disciplines, e.g. crane drivers and personnel with smoke diving functions,

shall have the specific health certificate referred to in the OLF Guidelines for Safety and Emergency Training (002).

HSE Incident Management

D.15 Investigation, reporting and follow-up on incidents shall be carried out as per

COMPANY‟s guideline EP.17.PR.12 “Incident Management in NSEP” (doc.no. EP200604227631).

Contract HSE Plan D.16 CONTRACT HSE PLAN shall mention “Absence due to illess” as a target. HSE

Performance Report shall include figures about absence due to illness.

WORK SPECIFIC

Environmental Management D.17 In case the WORK involves activities where discharges/emissions are regulated in

discharge/emission permits, then CONTRACTOR shall be ISO 14001 certified. In the event ISO 14001 certification is not in place, then CONTRACTOR shall, upon COMPANY request, submit an ISO 14001 implementation plan.

Green House Gasses


D.18 In case the WORK involves activities that are energy / CO2 intensive, then CONTRACTOR shall, upon COMPANY request, submit CONTRACTOR‟s GHG/EE (Green House Gasses / Energy Efficiency) Management Plan.

Eco-efficient procurement

D.19 COMPANY has a goal of conducting its purchases without harm to the environment.

This impacts environmental efforts related to climate and energy, health and environmentally dangerous chemicals. Waste prevention and effective use of resources is part of this and we therefore require that packing is reduced to a minimum on our purchases and subsequently packing that is used can be reused or recycled. Information to be found on the GRIP (GReen In Practice) website: http://www.grip.no/default.htm.

Chemicals D.20 CONTRACTOR shall comply with COMPANY‟s Procedure “Chemical Management -

NSEP” (doc.no. EPE.CHEMICALS.PR.70).

D.21 CONTRACTOR shall report any manufactured and/or imported chemicals to the Product Registry (“Produktregisteret”) and shall obtain any necessary approval prior to manufacturing and/or importing chemicals.

D.22 CONTRACTOR shall submit a Material Safety Data Sheet in Norwegian language

conforming to the REACH directive 1907/2006 when requesting permission to supply, store and/or use chemicals.

D.23 CONTRACTOR shall comply with any discharge permit requirements related to use

and discharge of chemicals and the guidelines for ecotoxicological testing issued by the Norwegian Pollution Control Authority (SFT). To ensure proper quality assurance of the ecotoxicological documentation, CONTRACTOR shall include HOCNF of the chemical in the CHEMS database prior to use.

D.24 In case chemicals do not meet the Norwegian Pollution Authority (SFT) criteria,

CONTRACTOR shall document the justification for use and CONTRACTOR shall prepare a plan for replacing the chemical.

D.25 CONTRACTOR shall obtain COMPANY‟s approval for any chemicals to be

discharged to the environment. CONTRACTOR can only use chemicals classified by SFT as red or black if it is specifically included in the discharge permit issued to the COMPANY.

Radiation D.26 In case the WORK may involve exposure to LSA or Radiation, then CONTRACTOR

shall have implemented relevant regulatory requirements and shall, where applicable, follow COMPANY‟s procedures and work instructions.

http://www.grip.no/default.htm


SECTION VI PART E – NEDERLANDSE AARDOLIE MAATSCHAPPIJ B.V. SPECIAL HSE CONDITIONS

Drafting note: Include the following local country specific clauses as appropriate the intended geographical coverage of the contract. If in doubt contact your local HSE Contractor Mgt Specialist. Note that some articles shall be included only in case these are relevant. These are headed by: “[Conditional article delete when not relevant]” Leave out clauses that are not relevant to the scope of the contract (after consulting your local HSE Contractor Mgt Specialist and/or relevant Expertise Holder).

This section contains requirements that are applicable for The Netherlands and shall be read in conjunction with Section VI Part A and Part B.

GENERAL

Life Saving Rules

E.1 All PERSONNEL entering a COMPANY WORKSITE shall be able to demonstrate, by

means of the Personal Safety Logbook (PSL), that they have been informed about the Life Saving Rules and that they have confirmed these have been understood.

Substance (Ab)use

E.2 Any PERSONNEL found contravening articles A.2.9 and A.2.10 will be subject to

Shell Nederland BBS Procedure “Beheer van Alcohol en Drugs” (Doc.no.05.00.1023) HSE Management System

E.3 CONTRACTOR‟s HSE management system shall be VCA (*/**) certified, unless

exempted as per NAM standard NSS 00-G-0-07. Environmental Management

E.4 CONTRACTOR‟s environmental management system shall follow the principles of

the ISO 14001 standard. ISO 14001 certification is required for those cases as specified in NAM standard NSS 00-G-0-07.

Competence and Training

E.5 CONTRACTOR shall ensure that PERSONNEL have completed HSE and

emergency response training as per NAM standard NSS 00-G-0-07 referring to the NAM HSE Training Matrix.

E.6 CONTRACTOR shall keep adequate training records. PERSONNEL shall be able to

demonstrate compliance to the requirements as stated in NAM standard NSS 00-G-0-07 and NAM HSE Training Matrix, where applicable.

E.7 In addition and to the extent required, CONTRACTOR shall ensure that

PERSONNEL have completed the training that is as prescribed in the „NOGEPA


training manual‟, as relevant to the WORK. Such training shall be completed prior to commencement of the WORK.

Occupational Management and Working Environment

E.8 CONTRACTOR shall ensure that no PERSONNEL under the age of eighteen (18)

years are employed on COMPANY‟s onshore and offshore mining installations. Medical Fitness / Fitness to Work E.9 Examination of medical Fitness to Work of PERSONNEL working offshore, shall be

conducted in accordance with NOGEPA‟s “Guidelines for Medical Aspects of Fitness for Offshore Work” and COMPANY‟s “Protocols and Guidance Notes of Fitness to Work”.

E.10 Any PERSONNEL visiting an offshore COMPANY WORKSITE shall be medically

examined prior to travelling offshore. Such Medical Certificate is valid for two (2) years.

E.11 CONTRACTOR shall, with regards to HSE matters, obtain support from certified

experts in accordance with Dutch Arbo Law. Emergency Preparedness and Response

E.12 Not withstanding the tasks of COMPANY Site Representative CONTRACTOR shall,

when working on COMPANY WORKSITE, be responsible for the provision of first aid and for carrying out other emergency response provision ("Bedrijfshulpverlening (BHV)"), as stipulated by Dutch Arbo Law, towards CONTRACTOR‟s employees and third parties. This responsibility may only be deferred to others after written agreement, like in site specific work safety plans. CONTRACTOR shall ensure that PERSONNEL are assigned, trained and qualified to perform these tasks.

WORK SPECIFIC

Worksite HSE Coordination

E.13 Not withstanding the HSE responsibilities of the CONTRACTOR the COMPANY

WORKSITE Representative (LVP: “Lokatie Verantwoordelijke Persoon”) is responsible for HSE co-ordination at COMPANY WORKSITE (“VG coördinatie”). If applicable COMPANY develops a Safe Working Plan (WVP: “Werkveiligheidsplan”) that, as supplement to the worksite HSE Case (“VG Document”), details Health & Safety co-ordination at worksite. CONTRACTOR shall contribute to and comply with such WVP.


E.14 CONTRACTOR shall use COMPANY‟s Fountain Incident Management (FIM) system

for recording incidents and related information. Chemicals

E.15 CONTRACTOR shall submit a “Veiligheidsinformatieblad” VIB (safety information

sheet in the Dutch language), conform the REACH directive 1907/2006 when requesting permission to store, supply and/or use chemicals.

E.16 CONTRACTOR shall submit up-to-date CEFAS templates to COMPANY, when

supplying chemicals covered by the OSPAR regulations (www.ospar.org).

http://www.ospar.org/


Radiation

E.17 In case CONTRACTOR uses radioactive sources or radiation emitting devices, which

are not owned by COMPANY, then CONTRACTOR shall have a valid permit (“KEW Vergunning”) as required under the Dutch Nuclear Energy legislation (“Kernenergiewet”). CONTRACTOR shall confirm to COMPANY in writing that all requirements, as defined in the “KEW Vergunning” have been fulfilled.

E.18 CONTRACTOR is not allowed to use any radioactive sources or radiation-emitting

devices exceeding KEW defined exemption levels that are not explicitly covered by the related specific “KEW Vergunning”.

E.19 CONTRACTOR shall ensure that a copy of their “KEW Vergunning”, as referred to in

article E.17, is available on worksite at the start and for the duration of the work. E.20 CONTRACTOR shall assign a coordinator who acts as a day-to-day focal point for

COMPANY‟s radiation experts. E.21 CONTRACTOR shall contact COMPANY‟s radiation experts as early as possible to

meet the ALARA (As-Low-As-Reasonably-Achievable) principle for radiation. E.22 CONTRACTOR shall perform the work in accordance with COMPANY standard NSS-

00-G-0-21, i.e. CONTRACTOR shall assure that the application is covered in a written COMPANY Internal Permission for the planned activities in agreement with chapter 6.5 of NSS-00-G-0-21. CONTRACTOR shall work in accordance with COMPANY‟s REG Work Instructions (“SBD Werkinstructies”).


SECTION VI PART F – SHELL E & P IRELAND LIMITED SPECIAL HSE CONDITIONS



This section contains requirements that are applicable for Ireland and shall be read in conjunction with Section VI Part A and Part B. Management of HSE

F.1 Leadership and Commitment is seen as a key element to successful Health, Safety

and Environmental management. The CONTRACTOR shall ensure that this quality is a key requirement during the selection of line managers, supervisors and key support personnel. The CONTRACTOR‟s senior management shall ensure that they demonstrate a visible commitment to health, safety and environmental management. The CONTRACTOR‟s shall ensure that all Management and Supervision roles and responsibilities reflect that health, safety and environmental management is a line management responsibility, supported and assisted by specialist advisors where required.

F.2 The CONTRACTOR‟s shall ensure adequate systems; arrangements and resources

have been put in place to comply with Irish HS&E legislation applicable to the works being undertaken in this contract. This shall include, but not be limited to having a Statutory Safety Statement, which is applicable and adequate to the works being undertaken in this contract. The Safety Statement shall be revised at least annually or more frequently to reflect any changes in workplace hazards to which the CONTRACTOR‟s employees may be exposed. The Safety Statement must be provided to anyone who may be affected by the CONTRACTOR‟s work activities.

F.3 The CONTRACTOR shall develop a site-specific HSE Management Plan document

that shall outline the following HSE management elements as a minimum: i) HSE Management System. ii) HSE Programme. iii) Environmental Management standards and management

arrangements relevant to the works being undertaken in this contract. iv) Arrangements for identifying and managing risk. v) HSE Management interface arrangements. vi) Site training and competency arrangements. vii) Site rules, including traffic management plans.

F.4 To ensure all „at risk‟ acts and conditions are monitored and controlled, the

CONTRACTOR shall ensure a behaviours intervention process is being actively implemented onsite and that all supervisors and personnel engaged in the WORK are adequately briefed or trained in its use. The CONTRACTOR shall encourage all personnel engaged in the work to participate in the intervention process.


F.5 All personnel are accountable for their own safety and the safety of others affected by their work. The CONTRACTOR shall have a formal process in place that rewards personnel for their contribution to a proactive safety culture and arrangements in place to coach and/or discipline personnel who commit safety violations.

F.6 Workforce involvement in health, safety and the environment should be encouraged

at all times. The CONTRACTOR shall put in place a formal process for electing or nominating workforce representatives for health and safety and for the environment. This process shall, as a minimum, comply with local legislative requirements.

F.7 The CONTRACTOR shall ensure that all road transport activities carried out by the

CONTRACTOR or their subcontractors is adequately managed to the standards detailed in COMPANY‟s Road Transport HSE Standards EP 2005-0261. Where the requirements detailed in these standards cannot be met the CONTRACTOR shall bring it to the attention of the COMPANY for review prior to the commencement of any road transport activities.

HSE Management System

F.8 The CONTRACTOR HSE management system shall follow the principles outlined in:

i) Ireland-Health and Safety Authority (HSA) Publication “ Workplace Health

and Safety Management”, or ii) UK Health & Safety Executive‟s document HS (G) 65 “Successful Health

& Safety Management”, or iii) the E&P Forum document 6.36/210 “Guidelines for the Development and

Application of Health, Safety and Environmental Management Systems”, or

iv) British Standard BS8800: 1996 “Guide to Occupational Health and Safety Management Systems”, and

v) ISO 14001 “Environmental Management Systems”. F.9 The COMPANY will assess the CONTRACTOR‟s HSE management system

checklists from Ireland-Health and Safety Authority (HSA) Publication “Workplace Health and Safety Management” or OGP (The International Association of Oil & Gas Producers) “HSE Management – guidelines for working together in a contract environment”.

HSE Programme

F.10 This HSE Programme shall be included in the Site Specific HSE Management Plan. Minimum Environmental Standards F.11 The CONTRACTOR shall ensure that the following COMPANY‟s Minimum

Environmental Standards applicable to this contract are in place and maintained: a) Have an accredited Environmental Management System (EMS) or have a

documented EMS, which complies with the principles of ISO 14001. b) EU standard Material Safety Data Sheets (SDS) and COSHH sheets for

chemicals, chemical selection and use in operations. c) Environmental incidents and near misses must be reported to COMPANY

and investigated accordingly. d) Spill containment related to oils, fuels and chemicals.

Chemicals F.12 The CONTRACTOR shall submit the chemical handling; storage and disposal

procedures to the COMPANY for review, prior to the commencement of this contract.


F.13 The CONTRACTOR shall ensure adequate equipment; arrangements and resources are made available to prevent chemical and fuel/oils spillage to sea; watercourses or the ground. And in the event that chemicals, fuels or oils are inadvertently spilled adequate containment and recover measures must be in place.

F.14 CONTRACTOR shall comply with the COSHH regulations for all tasks employing the

use of hazardous chemicals. F.15 CONTRACTOR supplying chemicals for offshore activities shall submit to COMPANY

Material Safety Data Sheets for approval by the Petroleum Affairs Division. Waste Disposal

F.16 The CONTRACTOR shall submit to COMPANY for review an outline of the complete

waste management cycle process. F.17 The CONTRACTOR shall ensure a waste segregation and minimisation system is in

operation at each storage site. Occupational Health Management

F.18 The CONTRACTOR shall ensure that the following COMPANY‟s Health Management

Standards applicable to this contract are in place and maintained. a) Health Risk Assessments shall be carried out and controls put in place to

reduce the health effects on workers. b) Monitoring of health performance and Incident reporting and investigation

relating to Occupational Illnesses. c) Product Stewardship duties - The necessary information and advice to

minimise health risks are to be provided to employees, CONTRACTOR and customers.

d) Fitness to Work standards and procedures shall be in place. e) Plans are to be in place for local medical emergencies and medical facilities.

These must be to the COMPANY standards. F.19 The CONTRACTOR shall outline the Occupational Health Risk Assessments related

to the works being undertaken in this contract, in the Site-specific HSE Management Plan.

Medical Fitness

F.20 The CONTRACTOR shall ensure that the required numbers of trained First Aid

personnel and first aid equipment is onsite, as required by Irish legislation and COMPANY‟s Minimum Health Management Standards.

F.21 The CONTRACTOR shall be required to facilitate health and hygiene inspections on

an agreed frequency by the COMPANY Occupational Health specialist. F.22 In the event that food is being processed, supplied or consumed onsite, the

CONTRACTOR shall comply with COMPANY‟s “Health Guidelines for Catering” standards.


F.23 The CONTRACTOR shall use the COMPANY incident definitions and Risk

Assessment Matrix criteria to define incidents and near misses. F.24 In the event that an incident or dangerous occurrence takes place as defined by the

regulations, the CONTRACTOR shall discharge his legal responsibilities and submit a copy of the statutory notification to the COMPANY.


F.25 Where the COMPANY deems that an incident or near miss has occurred that has a significant potential or lateral learning potential the CONTRACTOR shall be required to present the investigation and subsequent findings to the COMPANY at an Incident Review Panel (IRP).

Training

F.26 The CONTRACTOR shall provide to the COMPANY a training matrix outlining the

training requirements applicable for the work undertaken in this contract. F.27 CONTRACTOR STAFF shall participate in COMPANY‟s HSE training schemes, as

agreed between COMPANY and CONTRACTOR. Such training will be provided by COMPANY at no cost. All other costs resulting from such training will be for the expense of CONTRACTOR. Competence

F.28 The CONTRACTOR shall ensure that adequate HSE professional support and advice

is available within the CONTRACTOR‟s organisation. This support and advice must be as a minimum qualified to the NEBOSH Certificate in Health and Safety Management or equivalent level of competence. Where this level of HSE Competence is not available in the CONTRACTOR‟s organisation, the CONTRACTOR must nominate a suitable HSE professional outwith the CONTRACTOR organisation that will satisfy the requirements of this clause. The name, proof of competence, scope of experience and proposed services to be utilised shall be submitted to the COMPANY for review prior to commencement of activities.


F.29 The CONTRACTOR shall comply with the COMPANY policy with respect to the use

of Personal Protective Equipment onsite and shall ensure that the policy is fully enforced at all times.

Substance (Ab)use

F.30 Where there is a reasonable likelihood that an employee or a subcontractor at work is

under the influence of drugs, alcohol, natural stimulants or other similar intoxicating substances, other than for bona fide medical reasons, the CONTRACTOR shall have a system in place for the testing of the person and substance as detailed in the legislation.

Security - Searches

F.31 The COMPANY requires the CONTRACTOR and CONTRACTOR personnel to

consent to the searching at any time by a representative of the COMPANY and under national laws and regulations of their person or of any article including, without limitation, any container, package, box, holdall, suitcase or vehicle which is in the possession or use of CONTRACTOR personnel on the COMPANY premises or offshore installation, or being transported or retained by the COMPANY on behalf of the CONTRACTOR or CONTRACTOR personnel.

Security - Standards and Reviews

F.32 The CONTRACTOR shall be required to comply with the relevant COMPANY security

standards and procedures that are deemed appropriate for the type of location and work being carried.

F.33 The COMPANY reserves the right to carry out a security review of the

CONTRACTOR‟s premises from time to time, and where appropriate require improvement actions to be carried out


Radiation

F.34 In case CONTRACTOR uses radioactive sources, which are not owned by

COMPANY, then CONTRACTOR shall have a valid permit (Registration) as required under the Radiological Protection Act 1991 and associated regulations. CONTRACTOR shall confirm to COMPANY in writing that all requirements, as defined in the “Registration” have been fulfilled.

F.35 CONTRACTOR is not allowed to use any radioactive sources unless explicitly notified

to the COMPANY Radiation Protection Supervisor in advance. F.36 CONTRACTOR who may work with Naturally Occurring Radioactive Material

(NORM) at COMPANY WORKSITE shall have 'Local Rules' in place to meet the requirements of the Ionizing Radiation Regulations.

F.37 CONTRACTOR shall ensure that a copy of their Registration, as referred to in article

F.34, and 'Local Rules' are available on worksite at the start and for the duration of the work.

F.38 CONTRACTOR shall assign a coordinator who acts as a day-to-day focal point for

COMPANY‟s Radiation Protection Supervisors. F.39 CONTRACTOR shall assure that the work is also in accordance with COMPANY

'Local Rules'.


SECTION VI – APPENDICES


APPENDIX 1 – OVERVIEW OF HSE STANDARDS, HSE SPECIFICATIONS AND OTHER HSE REQUIREMENTS

Drafting note: Please make sure that this list refers to (HSE) CMS requirements and other HSE requirements applicable to the contract. You can use:

The pick-list “Contract HSE requirements from CMS”,.

The pick-list “Contract HSE requirements not part of CMS” Both to be provided by Contractor HSE Mgt Team

IMPORTANT: Keep this restricted to requirements that are REALLY RELEVANT for this

particular contract(or). Be complete but avoid ballast! If in doubt, contact the relevant Expertise Holders. Delete the empty headers.

Doc no. Doc. Title Region:

UK Norw. NL Ireland

Policies and Rules

Use pick—list to determine relevant CMS docs

HSE Management System

Use pick—list to determine relevant CMS docs

HSE Management System Interfacing

Worksite HSE Co-ordination

HSE Risk Management

Occupational Health and Working Environment

Medical Fitness

Environment

Worksite HSE Co-ordination

HSE Competency

HSE Training

HSE Communication & Reporting

Incident Management

Emergency Response

Adverse Weather Working

Alcohol and Drug Abuse

Air Transport

Behavourial Safety

Benzene

Chemicals

Confined space

Electrical safety

Excavation

Explosives

Exposure to acute toxics


Doc no. Doc. Title Region:

UK Norw. NL Ireland

Food / drinking water safety

Gasfreeing & Cleaning

H2S

Hot work

Isolation of Plant

Legionella

Lifting & Hoisting

Marine


Mercury

Noise / Hearing Conservation


Radiation

Refrigeration

Road Transport

Safe Workplace

Safety Engineering

Security / System security

Stress

Subcontractor Management

Substance (Ab)use

Underwater Operations

Vibration

Waste

Working at Height

Worksite Specific Key information


APPENDIX 2 – COMPANYHSE POLICY


APPENDIX 3 – COMPANY HSE GOLDEN RULES

Shell Exploration & Production

20-J

an-0

4O

wne

r EPE

HS&

E

Shell Exploration & Production

HSE GOLDEN RULESCOMPLY > INTERVENE > RESPECT

You and I:

Comply with the law, standards and procedures

Intervene on unsafe or non-compliant actions

Respect our neighbours


APPENDIX 4 – COMPANY LIFE SAVING RULES

1.5 cm

Work with a valid work

permit when required

Conduct gas tests when required

Verify isolation before work begins

and use the specified life protecting equipment

Obtain authorisation

before entering a confined

space

Obtain authorisation

before overriding or disabling safety critical equipment

Protect yourself against a fall

when working at height

Do not walk under a

suspended load

Do not smoke outside

designated areas

No alcohol or drugs while working or

driving

While driving, do not use your

phone and do not exceed speed

limits

Wear your seat belt

Follow prescribed Journey

Management Plan

1

7 8

3 5

11

6

129 10

4

Life-Saving Rules

2


APPENDIX 5 – MONTHLY REPORTING CONTRACTOR HSE STATISTICS Reporting format CONTRACTOR shall report monthly HSE Statistics preferably using the following format. MS Excel template can be obtained from CONTRACTOR Representative. Reporting shall be restricted to WORK performed under the CONTRACT, but shall include SUBCONTRACTOR‟s activities. Example:

Contract

Statistics

Data Exposure hoursNo. of

Fatalities

No. of

Permanent

Total

Disabilities

No. of Lost

Workday

Cases

No. of

Restricted

Workday

Cases

No. of

Medical

Treatment

Cases

No. of

First

Aid

Cases

Total number

of env. non-

conformance

Total

number of

e-spills

No. of Lost

Time Injuries

Total

Recordable

Cases

Total

Recordable

Cases

Frequency

Date Exp. Hours FAT PTD LWC RWC MTC FAC E-nonc E-spill LTI TRC TRCF

JAN 334.000 0 0 1 0 1 1 0 0 1 2 6,0

FEB 352.000 0 0 0 0 2 12 0 0 0 2 5,8

MAR 310.078 0 0 0 0 4 5 0 0 0 4 8,0

APR 370.034 0 0 2 0 1 8 0 0 2 3 8,1

MAY 487.634 0 0 0 0 1 2 0 0 0 1 6,5

JUN 324.566 0 0 0 0 0 1 0 0 0 0 5,5

JUL 421.356 0 0 1 2 3 8 1 4 1 6 6,9

AUG 0 0 6,9

SEP 0 0 6,9

OCT 0 0 6,9

NOV 0 0 6,9

DEC 0 0 6,9

TOTAL 2.599.668 0 0 4 2 12 37 1 4 4 18 6,9

BPR FIELD1. Hand

campaigns Y Y

2. Competence

review Y Y

3. Last minute

risk analysis

programme roll-

out

HSE Improvement Activities

follow up

Number of staff

trained

comments on follow-up

Hand injuries are reducing

TRCF reducing

Well received by staff. Now used by

contractor for non-Shell work as well

Contract No: XXXXXHSE Performance of Contractor: XXXXXX

Activity actions

Reviewed materials

and TRCF stats

Review of staff turn-

over and training

HSE Performance

0

2

4

6

8

10

12

14

16

18

20

JANFEBMARAPRMAYJUN JULAUGSEPOCTNOVDEC

Month

Inc

ide

nt

da

ta

0

100.000

200.000

300.000

400.000

500.000

600.000

E-spill

E-nonc

FAC

MTC

RWC

LWC

PTD

FAT

Exp. Hours

TRCF

Comments:

1. High risk contract

2. High incidence during

s/down

Definitions

‘Exposure Hours’ The total amount of man-hours (office, onshore worksite, offshore, etc.) spent on WORK on the CONTRACT. This includes Subcontractor man-hours. ‘Fatality (FAT)’ A death resulting from a work related injury or occupational illness, regardless of the time intervening between the exposure or incident causing the injury or illness and the death. ‘Permanent Total Disability (PTD)’ Any work related injury that permanently incapacitates an employee and results in termination of employment. ‘Lost Workday Case (LWC)’ Any work related injury that renders the injured person temporarily unable to perform their normal work or restricted work on any day after the day on which the injury occurred. In this case any day includes rest day, weekend day, scheduled holiday, public holiday or subsequent day after ceasing employment." ‘Restricted Work Case (RWC)’


Any work related injury which renders the injured person temporarily unable to perform all, but still some, of their normal work on any day after the day on which the injury occurred. ‘Medical Treatment Case (MTC)’ Any work related injury that involves neither lost workdays nor restricted workdays, but which requires treatment by a physician or other medical specialist. Note that in case an MTC has been classed as LWC or LTI, reporting it as MTC shall be avoided. ‘First Aid Case (FAC)’ Any single treatment and subsequent observation of minor scratches, cuts, burns, splinters, etc. that do not normally require medical care by a physician. Such treatment and observation is considered First Aid Case even if provided by a physician or registered professional personnel. Note that FAC is not included into TRC. ‘Lost Time Incidents (LTI)’ The sum of injuries resulting in Fatalities, Permanent Total Disabilities and Lost Workday Cases, but excluding Restricted Work Cases, Medical Treatment Cases and First Aid Cases. LTI = FAT + PTD + LWC. ‘Total Reportable Cases (TRC)’ The sum of injuries resulting in Fatalities, Permanent Total Disabilities, Lost Workday Cases, Restricted Work Cases and Medical Treatment Cases, but excluding First Aid Cases. TRC = FAT + PTD + LWC + RWC + MTC. ‘Total Reportable Case Frequency (TRCF)’ TRCF = (TRC / exposure hours) x 1,000,000. ‘Environment non-conformance (E-nonc)’ This is the sum of environment incidents/non-conformances that have been reported within the company and/or to the National Regulating Authority. This includes breaches of regulations, permits and airborne emissions. ‘Environmental Spills (E-spill)’ For reporting purposes, a spill is the quantity of oil/chemical spilt (excluding sabotage related spills) for all spills that are equal to or larger than 0.1 tonne. A spill is defined as any unexpected loss to water or land of crude oil, condensate, feed stocks, intermediates, chemicals or process materials. This excludes any spillage, which is wholly contained and does not reach the receiving environment. Spills or discharges of Produced Water are excluded.


APPENDIX 6 – CONTRACTOR EMERGENCY CONTACT DETAILS LIST As stated in article A.3.71 CONTRACTOR shall provide „Contractor Emergency Contact Details‟ list in the following, or similar, format. During the CONTRACT period CONTRACTOR shall inform COMPANY immediately of any changes to this list.

CONTRACTOR

Contractor company name

Contact person

Tel.no. (24hrs per day / 7 days per week)

2nd

Tel.no. (24hrs per day / 7 days per week)

Mobile no. (24hrs per day / 7 days per week)

2nd

Mobile no. (24hrs per day / 7 days per week)

COMPANY

Contract Holder To be completed by COMPANY

Ref. Indicator To be completed by COMPANY

Contract Holder Tel.no. To be completed by COMPANY

epe hse contract clauses

Documents