6-431 Corrective Action. If the contractor's defect rate (DR) exceeds
the MADR, the contractor's quality control for that work requirement is
considered unsatisfactory. The FSCM should be notified of all instances
where this occurs. The contractor should also be notified, at least, that
his quality control for that work requirement is not satisfactory, and that
corrective measures should be taken.
6-440 Compliance With Safety Standards.
6-441 Applicable Laws and Regulations. The contractor is required to
comply with the Occupational Safety and Health Act (OSHA). Safety rules
promulgated in accordance with the act are contained 29 CFR (Code of
Federal Regulations) 1926 and 29 CFR 1910. The contractor is also required
to comply with the US Army, Corps of Engineers, and Safety and Health
Requirements Manual EM 385-1-1.
6-442 Occupational Safety and Health (OSHA). The Department of Labor is
primarily responsible for enforcement of OSHA including the issuance of
citations. However, the QAE should record violations of OSHA in his reports
and the contractor should be advised promptly of the violations.
6-443 OSHA Inspections and Investigations. Permission has been granted
by the Chief of Naval Operations permitting federal and state occupational
health and safety officials to enter Navy shore installations without delay
and at reasonable times to conduct routine safety and health investigations
of contractor work places. Permiss ion also extends to safety and health
investigations based on reports of unsafe conditions. OSHA officials may
also investigate specific complaints of accidents or illnesses involving the
The OSHA officials are required to present appropriate identifying
credentials and state the purpose of their visit to the installation
commander or his representative. Whether or not a security clearance is
required will be determined by the installation security office before the
officials are permitted to enter.
Generally, federal and state officials are not allowed to take photographs.
Photographs may be taken by authorized personnel and must be submitted to
the installation security office for clearance.
The OSHA officials should be accompanied on the inspections by
representatives of the activity and the contractor.
6-444 Accident Prevention. The contractor should be provided with a
number of copies of the US Army Corps of Engineers Safety Manual, EM 385-l-l
prior to commencement of the work. The QAE should also become familiarwith
the manual and pay special attention to identifying the provisions which
apply to the type of work being performed under the contract. The QAE should
bring safety violations and hazards to the immediate attention of the
contractor. Any violations and hazards observed should also be recorded by