NASA Procedures and Guidelines
This Document is Obsolete and Is No Longer Used. Check the NODIS Library to access the current version: http://nodis3.gsfc.nasa.gov
NPR 8715.3 Eff. Date: January 24, 2000 Cancellation Date: September 12, 2006	NASA Safety Manual w/Change 2, 03/31/04
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CHAPTER 2. Safety and Risk Management Considerations for NASA Contracts

2.1 Purpose

This chapter describes the general approach for assuring that NASA contractors have effective safety and risk management programs. The chapter provides requirements for NASA officials with responsibility for assuring safety under NASA contracts

2.2 Applicability and Scope

When NASA activities include contractor involvement, the NASA Safety Program must include contractors (Requirement 25054). NASA contracts must be written to hold contractors accountable for the safety of their employees, their services, and their products (as applicable) (Requirement 31915).

2.3 Authority and Responsibility

The contracting officer (CO) and the cognizant NASA safety official shall assure that the requirements of this NPR are included in NASA contracts (Requirement 25055). Those requirements must be coordinated with the program or project office, and other offices as needed (Requirement 31916).

2.3.1 Program and project managers shall perform the following:

a. Coordinate with the cognizant safety officials to develop and approve safety requirements and objectives for efforts to be contracted and advise CO`s of these specific safety concerns or issues related to the contract performance (Requirement 31917).

b. Develop safety requirements and objectives that are clearly delineated in the specifications (Requirement 31918). Provide specific tasks to the contracting officer for incorporation into the contract as required (Requirement 31919).

c. Tailor surveillance of contractor safety matters appropriate to the nature of the procurement (Requirement 31920). (Even a performance-based contract must have a surveillance plan) (Requirement 31921).

d. Where appropriate, include safety as an element under Mission Suitability and/or Past Performance in the Source Selection Plan (Requirement 31922).

2.3.2 CO`s shall perform the following:

a. Coordinate any matters regarding proposed deviations to safety requirements of NFS Subpart 1823.70, "Safety and Health," with the Director, Safety and Assurance Requirements Division, or his/her designated representative (Requirement 31923).

b. Establish safety performance, where appropriate, as an element to be evaluated in contracts with fee plans (Requirement 31924).

c. Require copies of Material Safety Data Sheets (MSDS) for new hazardous materials where requested by the local NASA safety office (Requirement 31925). Contractors` hazard analyses/safety risk assessment will be developed and provided to NASA for approval before the start of any hazardous deliverable work or support operations as directed by the Contracting Officer or the Contracting Officer`s Technical Representative (COTR).

2.3.3 Center safety and mission assurance officials must be familiar with the NFS (NPR 5100.4, "Federal Acquisition Regulation Supplement (NASA/FAR Supplement)"). In particular, they should be expert in Parts 1807, Acquisition Planning; 1823, Environmental, Conservation, Occupational Safety, and Drug-Free Workplace; 1842, Contract Administration; and 1846, Quality Assurance (Requirement 25058).

2.3.4 Safety and mission assurance personnel shall perform the following:

a. Participate in the development of the safety tasks and requirements in conjunction with program officials (Requirement 31926).

b. Participate in onsite visits and pre-bid conferences to ensure potential bidders understand safety provisions (Requirement 31927).

c. Assist the CO in evaluating the safety record of the prospective contractors (Requirement 32094).

d. Assist the CO as appropriate in evaluating the contractor`s performance regarding safety (Requirement 32095).

e. Assist the CO as appropriate in applying any special safety provisions to grants or cooperative agreements (see paragraph 2.7) (Requirement 32096).

2.4 Requirements

2.4.1 Contracts will contain safety and mission success and risk management requirements as appropriate for design, development, fabrication, test, or operations of systems, equipment, and facilities (Requirement 25060).

2.4.2 Where appropriate, solicitations will require the submission and evaluation of safety and risk management documentation (e.g., corporate safety policies, implementation procedures, their safety performance experience, and their mishap rates by SIC codes) and draft program planning documents, such as safety and health plans, risk management plans, etc (See Chapter 3, Appendix H, and Appendix I for more information.) (Requirement 25061).

2.4.3 On a case-by-case basis and before contract performance begins, cognizant NASA Safety Officers will brief onsite contractors on local safety requirements and document these briefings (Requirement 25062). As a minimum, the briefing will include incident and accident reporting, base emergency evacuation procedures, fire reporting, medical emergency notification, hazardous material spill reporting and response, site entry/exit procedures, and hot work permit requirements (Requirement 32097). The cognizant NASA Safety Officer will also inform the onsite contractor of any adjacent NASA and other contractor operations that could pose a hazard to their operation and employees, and the CO and the cognizant safety officer shall ensure that the contract includes a provision to require the contractor to provide a written plan for mitigating those hazards (Requirement 32098).

2.4.4 Reserved

2.4.5 Reserved

2.4.6 Reserved

2.4.7 Center safety offices shall assist the program or project manager or other responsible official in implementing contractor safety surveillance and evaluation programs (Requirement 25066). The depth of insight and oversight employed will fit the extent of hazards and the importance of the program.

2.4.8 Reserved

2.4.9 Reserved

2.4.10 Reserved

2.4.11 Reserved

2.5 Access to NASA Facilities by State or Federal Compliance Safety and Health Officers

2.5.1 Compliance safety and health officers are persons authorized by the OSHA, U.S. Department of Labor (DOL), to conduct inspections. Federal (OSHA) or State compliance safety and health officers will be allowed on NASA Centers to review and survey contractor operations and investigate mishaps. If the State does not have a DOL-approved safety plan or the Center is under exclusive Federal jurisdiction, only Federal compliance officers shall have the right of access to NASA or contractor operations.

2.5.2 Unless exclusive Federal jurisdiction is claimed by Federal OSHA, both Federal and State OSHA investigators will be allowed to investigate a contractor mishap occurring on a NASA Center. The Safety and Assurance Requirements Division or the Occupational Health Division as applicable and the DASHO shall be notified of OSHA`s (Federal or State) impending investigation and shall be provided the results of their investigation (Requirement 32100).

2.6 Contractor Citations

Under the Occupational Safety and Health Act of 1970 (P.L. 91-596), as amended, an employer is responsible for providing employees with safe working conditions regardless of where the employees are working (Requirement 25072). Therefore, it is the contractor`s responsibility to submit a timely reply to any OSHA citation it receives. The contractor is responsible for settling citations issued against the operation unless specifically addressed in the contract.

2.7 Grants

A "special safety condition" addressing safety should be included in grants and cooperative agreements when performance involves NASA facilities, Government-Furnished Equipment (GFE), or hazardous or energetic materials or chemicals that may pose a significant safety or health risk when used. Program offices that select research projects that could contain possible safety issues shall identify the need for a safety special condition to be included in the grant or cooperative agreement award document (Requirement 25073). The special safety condition shall include the provision that all applicable OSHA requirements, host institution, and general industry accepted practices shall be followed during the research to eliminate or control the risks associated with the grant or cooperative agreement (Requirement 32101).

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