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EPE HSE Contract Clauses

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Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 1 of 39<br />

<strong>HSE</strong> CONDITIONS OF CONTRACT<br />

TYPE ‘MAX’ MODEL<br />

Drafting Note:<br />

These <strong>HSE</strong> Conditions of <strong>Contract</strong> are to be used in conjunction with the “UIE Minimum<br />

Requirements Matrix for <strong>HSE</strong> Conditions of <strong>Contract</strong>” and “Criteria for Selecting Type Model<br />

of <strong>HSE</strong> Conditions of <strong>Contract</strong>” diagram both held in the UIE CP Livelink area.<br />

This Type Max Model is suitable for:<br />

Selecting appropriate articles, because it contains all <strong>HSE</strong> articles.<br />

Any alterations or additions to these articles are to be agreed with:<br />

<strong>Contract</strong>or <strong>HSE</strong> Management Team.<br />

Legal Counsel for part A.<br />

All drafting notes are for internal use only and shall be deleted before incorporation in<br />

ITT or contract!


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 2 of 39<br />

CONTENT<br />

SECTION VI PART A – GENERAL <strong>HSE</strong> CONDITIONS<br />

Article 1<br />

Article 2<br />

Article 3<br />

Article 4<br />

Article 5<br />

- Definitions<br />

- <strong>HSE</strong> Standards<br />

- <strong>HSE</strong> Management System<br />

- Subcontractor Management<br />

- <strong>Contract</strong> <strong>HSE</strong> Plan<br />

SECTION VI PART B – WORK SPECIFIC <strong>HSE</strong> CONDITIONS<br />

SECTION VI PART C – SHELL U.K. LIMITED SPECIAL <strong>HSE</strong> CONDITIONS<br />

SECTION VI PART D – A/S NORSKE SHELL SPECIAL <strong>HSE</strong> CONDITIONS<br />

SECTION VI PART E – NEDERLANDSE AARDOLIE MAATSCHAPPIJ B.V. SPECIAL <strong>HSE</strong><br />

CONDITIONS<br />

SECTION VI PART F – SHELL E & P IRELAND LIMITED SPECIAL <strong>HSE</strong> CONDITIONS<br />

SECTION VI – APPENDICES<br />

Appendix 1<br />

Appendix 2<br />

Appendix 3<br />

Appendix 4<br />

Appendix 5<br />

Appendix 6<br />

- Overview of <strong>HSE</strong> Standards, <strong>HSE</strong> Specifications and other <strong>HSE</strong><br />

requirements<br />

- COMPANY UIE <strong>HSE</strong> Policy<br />

- COMPANY <strong>HSE</strong> Golden Rules<br />

- COMPANY Life Saving Rules<br />

- Monthly Reporting <strong>Contract</strong>or <strong>HSE</strong> Statistics<br />

- <strong>Contract</strong>or Emergency Contacts Details List


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 3 of 39<br />

SECTION VI PART A – GENERAL <strong>HSE</strong> CONDITIONS OF CONTRACT<br />

ARTICLE 1 - DEFINITIONS<br />

Drafting Note: Verify this Article to avoid duplication and potential conflicts and<br />

delete here any definitions, which are already provided in the Section II of the<br />

<strong>Contract</strong>.<br />

A.1.1<br />

The following definitions shall be used for the purpose of interpreting this section of<br />

the CONTRACT:<br />

“ALARP” (As Low As Reasonable Practicable) shall mean such level of reduction of<br />

risk where cost and effort of further reduction measures becomes grossly<br />

disproportionate to the additional risk reduction obtained.<br />

“BAT” (Best Available Techniques) shall mean the most effective and advanced stage<br />

in the development of activities and their methods of operation which indicate the<br />

practical suitability of particular techniques for providing in principle the basis for<br />

emission limit values designed to prevent and, where that is not practicable, generally<br />

to reduce emissions and the impact on the environment.<br />

“PERSONNEL” shall mean workers referred to in European safety and health<br />

protection Directives and national legislation of CONTRACTOR and / or<br />

SUBCONTRACTOR as is necessary for the performance of the WORK in<br />

accordance with the CONTRACT and any other personnel under the direct or indirect<br />

control of CONTRACTOR and/or SUBCONTRACTOR, in relation to its performance<br />

under the CONTRACT.<br />

“<strong>HSE</strong> HAZARD” shall mean an object, physical effect or condition able to harm<br />

people, property or environment.<br />

“<strong>HSE</strong> STANDARD(S)” shall mean, as referred to individually or collectively, <strong>HSE</strong><br />

policies, standards, procedures and requirements applicable to the performance of<br />

the WORK under the CONTRACT.<br />

“SUBCONTRACTOR” shall mean any subcontractor, agency or supplier of the<br />

CONTRACTOR of any tier.<br />

“COMPANY WORKSITE” shall mean the whole area of any COMPANY premises,<br />

sites, locations or installations, including temporary accommodations and COMPANY<br />

provided transportation.<br />

“CONTRACT <strong>HSE</strong> PLAN” shall mean the plan as specified in Article 5 specific for and<br />

covering all WORK to be performed under the CONTRACT. Such plan may be<br />

presented under various titles (e.g. Project <strong>HSE</strong> Plan, <strong>Contract</strong>or Q<strong>HSE</strong> Plan), it may<br />

form part of other plans (e.g. <strong>Contract</strong> Execution Plan, Project Execution Plan), it may<br />

consist of a set of plans (e.g. <strong>HSE</strong> Improvement Plan, Safety Plan, <strong>Contract</strong><br />

Environmental Plan, <strong>HSE</strong> Programme, Health & Safety Activity Plan, <strong>HSE</strong> Assurance<br />

Plan), provided it complies with the requirements as stated under Article 5.<br />

ARTICLE 2 – <strong>HSE</strong> STANDARDS<br />

A.2.1<br />

A.2.2<br />

All PERSONNEL engaged in the WORK shall be conversant with and, at all times,<br />

comply with the <strong>HSE</strong> STANDARDS.<br />

<strong>HSE</strong> STANDARDS shall include COMPANY <strong>HSE</strong> STANDARDS as specified in this<br />

section of the CONTRACT, including Appendix 1.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 4 of 39<br />

A.2.3<br />

A.2.4<br />

A.2.5<br />

CONTRACTOR shall have implemented a system to control changes to <strong>HSE</strong><br />

STANDARDS. CONTRACTOR shall ensure that PERSONNEL are informed about<br />

the effect of such changes to their work.<br />

Where any part of the WORK is not covered by any of the <strong>HSE</strong> STANDARDS, or<br />

when the defined <strong>HSE</strong> STANDARDS are considered or found to be inadequate,<br />

CONTRACTOR shall immediately notify COMPANY of such absence or inadequacy.<br />

COMPANY and CONTRACTOR shall then jointly develop and agree on additional or<br />

revised <strong>HSE</strong> STANDARDS to convert and reduce the risk of the relevant part of the<br />

WORK to ALARP and use BAT, if applicable. COMPANY and CONTRACTOR shall<br />

jointly agree on the distribution of additional cost resulting from implementation of<br />

such additional <strong>HSE</strong> STANDARDS, subject to article headed Variations to Section II<br />

– General Conditions of Agreement.<br />

CONTRACTOR shall adhere to any <strong>HSE</strong> STANDARD prescribed by COMPANY. Any<br />

written notice by COMPANY to (re)align with those <strong>HSE</strong> STANDARDS shall be acted<br />

up on by the date specified in that notice.<br />

<strong>HSE</strong> Golden Rules and Life Saving Rules<br />

A.2.6<br />

A.2.7<br />

A.2.8<br />

All PERSONNEL shall be familiar with and work according to COMPANY‟s <strong>HSE</strong><br />

Golden Rules and Life Saving Rules, attached herein.<br />

In case PERSONNEL is visiting or working on a COMPANY WORKSITE, then they<br />

shall be familiar with and work according to COMPANY‟s Life Saving Rules, as<br />

attached herein.<br />

CONTRACTOR shall ensure that all PERSONNEL engaged in the WORK, including<br />

subcontractors, have been informed about the Life Saving Rules and the<br />

consequences of not following these.<br />

Substance (Ab)use<br />

A.2.9<br />

CONTRACTOR shall ensure, as far as reasonably practical, that all PERSONNEL do<br />

not at any time partake of, be under the influence of, and do not transport to or have<br />

in their possession on or at COMPANY WORKSITES any medication, drugs, alcohol,<br />

natural stimulants, natural sedatives or other similar intoxicating substances, other<br />

than for bona fide medical reasons.<br />

A.2.10 CONTRACTOR shall ensure that all PERSONNEL comply with national guidelines for<br />

the transportation of medicines offshore.<br />

A.2.11 All PERSONNEL shall inform COMPANY REPRESENTATIVE of any concerns they<br />

have around their ability to perform their task safely whether due to illness, injury,<br />

medication or adverse effect of medication.<br />

PERSONNEL shall not be in possession of more than the required amount of<br />

medication to meet the prescribed dosage. CONTRACTOR shall ensure that all<br />

PERSONNEL are aware of this requirement.<br />

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

access to or will be removed from COMPANY WORKSITE with immediate effect and<br />

COMPANY shall not be liable for any charges or consequences arising directly or<br />

indirectly out of such removal.<br />

COMPANY reserves the right to remove any PERSONNEL from COMPANY<br />

WORKSITE where article A.2.9 and A.2.10 are complied with but the medication<br />

and/or effects are such that for the safety of the person taking the medication and/or<br />

others at the location removal is necessary.<br />

Legislation


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 5 of 39<br />

A.2.13 CONTRACTOR shall, as a minimum, comply with all <strong>HSE</strong> requirements imposed by<br />

national legislation.<br />

A.2.14 CONTRACTOR shall report immediately to COMPANY:<br />

Any enforcement action taken against CONTRACTOR;<br />

Any complaint filed under <strong>HSE</strong> legislation against CONTRACTOR while<br />

performing the WORK.<br />

ARTICLE 3 – <strong>HSE</strong> MANAGEMENT SYSTEM<br />

<strong>HSE</strong> Policy<br />

A.3.1<br />

CONTRACTOR shall have a Health, Safety and Environment (<strong>HSE</strong>) policy, which is:<br />

Documented and visibly endorsed by top management;<br />

Of a standard comparable to COMPANY‟s policy attached in Appendix 2;<br />

Known by and available to all PERSONNEL;<br />

Implemented and maintained at all levels in CONTRACTOR‟s organisation.<br />

Target and Objective setting<br />

A.3.2<br />

A.3.3<br />

CONTRACTOR's <strong>HSE</strong> goal shall be "Goal Zero" to reflect CONTRACTOR's<br />

commitment to an accident free workplace.<br />

CONTRACTOR‟s targets and objectives shall be focused on leading indicators and<br />

pro-active efforts to reduce the likelihood and severity of incidents.<br />

<strong>HSE</strong> Management System<br />

A.3.4<br />

A.3.5<br />

A.3.6<br />

A.3.7<br />

CONTRACTOR shall have a fully documented and effectively implemented <strong>HSE</strong><br />

Management System.<br />

The scope of CONTRACTOR‟s <strong>HSE</strong> Management System shall cover all areas of the<br />

WORK, including WORK to be performed by any SUBCONTRACTOR and all<br />

interfaces with COMPANY and SUBCONTRACTOR‟s.<br />

CONTRACTOR‟s <strong>HSE</strong> Management System may be subject to review by COMPANY<br />

prior to mobilization for the WORK and until completion of the WORK to a frequency<br />

agreed by COMPANY.<br />

In the event CONTRACTOR‟s <strong>HSE</strong> Management System is certified it shall remain<br />

certified for the duration of the contract. If the certificate is suspended, withdrawn or<br />

lapsed in any other way, CONTRACTOR shall immediately inform COMPANY.<br />

<strong>HSE</strong> Management System Interfacing<br />

A.3.8<br />

A.3.9<br />

CONTRACTOR shall, where relevant, identify and control interfaces between <strong>HSE</strong><br />

Management Systems of CONTRACTOR, COMPANY and other interfacing parties<br />

<strong>HSE</strong> interfaces, consistent with “Step Change In Safety - Health and Safety<br />

Management Interfacing Guidance (2003)”.<br />

CONTRACTOR shall participate in a documented <strong>HSE</strong> interfacing process,<br />

consistent with “Step Change In Safety - Health and Safety Management Interfacing<br />

Guidance (2003)”, to identify and control the interfaces between <strong>HSE</strong> Management<br />

Systems of CONTRACTOR, COMPANY and other interfacing parties.<br />

CONTRACTOR shall implement agreed arrangements and verify these are up-todate<br />

throughout the WORK.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 6 of 39<br />

A.3.10 Where applicable, CONTRACTOR shall conduct an <strong>HSE</strong> interfacing process with<br />

SUBCONTRACTORs consistent to that set out in article A.3.9. The CONTRACTOR /<br />

SUBCONTRACTOR interface documents shall be made available to COMPANY for<br />

review on request.<br />

A.3.11 The agreed outcome of the <strong>HSE</strong> interfacing process in article A.3.9 shall be<br />

documented jointly by COMPANY and CONTRACTOR in the “<strong>Contract</strong> <strong>HSE</strong><br />

Management System (MS) Interface Document”.<br />

A.3.12 <strong>Contract</strong> <strong>HSE</strong> MS Interface Document shall be developed and agreed by COMPANY<br />

and CONTRACTOR prior to the commencement of mobilisation and/or physical work<br />

commences.<br />

A.3.13 Throughout the duration of the WORK, the <strong>Contract</strong> <strong>HSE</strong> MS Interface Document<br />

shall be reviewed and updated at a frequency agreed by COMPANY and<br />

CONTRACTOR and in the event there is a significant intermediate change, which<br />

may affect interface arrangements, e.g. audit or incident investigation.<br />

<strong>HSE</strong> Risk Management<br />

A.3.14 CONTRACTOR shall employ best practice methods and meet all legal requirements<br />

in identifying, assessing and controlling <strong>HSE</strong> HAZARDs. These methods and the<br />

outcome shall be documented.<br />

A.3.15 CONTRACTOR shall reduce <strong>HSE</strong> HAZARDS to a level, which is ALARP and use<br />

BAT, if applicable. CONTRACTOR shall submit, upon COMPANY request, its risk<br />

acceptance criteria for COMPANY review.<br />

Environmental Management<br />

A.3.16 CONTRACTOR shall comply with COMPANY‟s Global Environmental Standards<br />

(EP2005-0161) as referred to in Appendix 1, as relevant to the WORK.<br />

A.3.17 CONTRACTOR‟s environmental management system shall follow the principles of<br />

the ISO 14001 standard.<br />

A.3.18 CONTRACTOR shall specify in the CONTRACT <strong>HSE</strong> PLAN (ref. Article 5), or<br />

separate <strong>Contract</strong> Environmental Plan, measures applied to avoid harm to the<br />

environment by minimizing climate impact, energy consumption, health- and<br />

environmentally dangerous chemicals, waste, resources, packing materials (e.g. by<br />

using used or recycled materials).<br />

<strong>HSE</strong> Organisation<br />

A.3.19 CONTRACTOR <strong>HSE</strong> organisation shall provide fit-for-purpose <strong>HSE</strong> support to plan,<br />

execute and monitor the WORK.<br />

Competence and Training<br />

A.3.20 CONTRACTOR shall ensure that PERSONNEL are competent, capable and qualified<br />

to a level that allows them to work without creating unnecessary risk for themselves<br />

and others.<br />

A.3.21 CONTRACTOR shall ensure that all PERSONNEL have and maintain the necessary<br />

<strong>HSE</strong> competencies to perform the WORK to the <strong>HSE</strong> STANDARDS.<br />

A.3.22 CONTRACTOR shall ensure that all supervisory PERSONNEL have formal training<br />

in:<br />

Supervision;<br />

<strong>HSE</strong>;


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 7 of 39<br />

<br />

Intervention.<br />

A.3.23 CONTRACTOR shall have implemented a system that assures competence of<br />

PERSONNEL. CONTRACTOR shall provide information about the system upon<br />

COMPANY request.<br />

A.3.24 For those roles where no suitable recognised competence standards exist,<br />

CONTRACTOR shall provide, upon COMPANY request, information on the selection<br />

criteria and/or method used to provide assurance of individual competence.<br />

A.3.25 CONTRACTOR shall establish and agree with COMPANY a CONTRACTOR Key<br />

Personnel List of PERSONNEL taking <strong>HSE</strong> critical roles. The list shall identify key<br />

CONTRACTOR individuals by name and by (key) role.<br />

A.3.26 For every role on this CONTRACTOR Key Personnel List, CONTRACTOR shall<br />

define minimum requirements for <strong>HSE</strong> competences and qualifications relevant to the<br />

WORK.<br />

CONTRACTOR shall identify the extent of compliance with these requirements.<br />

CONTRACTOR shall maintain the list and provide to COMPANY upon request.<br />

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

established competence levels and to minimise role discontinuity.<br />

CONTRACTOR shall obtain COMPANY‟s written approval prior to replacing any<br />

PERSONNEL listed on the CONTRACTOR Key Personnel List.<br />

A.3.28 CONTRACTOR shall have implemented a system that records the training of<br />

PERSONNEL. CONTRACTOR shall keep training records up-to-date.<br />

CONTRACTOR shall furnish information about the system and/or records of training<br />

upon request by COMPANY.<br />

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

be at CONTRACTOR‟s cost.<br />

Behavioural Safety<br />

A.3.30 CONTRACTOR shall have in place a Behavioural Based Programme.<br />

A.3.31 CONTRACTOR shall demonstrate senior management commitment by conducting<br />

regular visits to the relevant worksites and by attending Behavioural Based Training.<br />

A.3.32 CONTRACTOR shall actively train and encourage PERSONNEL to intervene on<br />

unsafe behaviours and situations and report on deviations from procedures, plans<br />

and expectations. Note that PERSONNEL include SUBCONTRACTOR personnel.<br />

Occupational Health Management and Working Environment<br />

A.3.33 CONTRACTOR shall comply with COMPANY‟s Health Management Standards as<br />

referred to in Appendix 1, as relevant to the WORK.<br />

Medical Fitness / Fitness to Work<br />

A.3.34 CONTRACTOR shall ensure that all PERSONNEL engaged in the WORK are<br />

medically fit for the job to be undertaken.<br />

A.3.35 CONTRACTOR shall be able to demonstrate that PERSONNEL, selected for<br />

positions for which Fitness to Work medical evaluation is required, follow the<br />

guidance as laid down in COMPANY‟s “Protocols and Guidance Notes of Fitness to<br />

Work”.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 8 of 39<br />

A.3.36 If in the opinion of COMPANY, any PERSONNEL are not medically fit to travel or<br />

work offshore, then COMPANY reserves the right to:<br />

refuse permission for that PERSONNEL to travel offshore; or<br />

return that PERSONNEL from offshore.<br />

Working Times<br />

A.3.37 CONTRACTOR shall implement a policy and arrangements for working time in<br />

accordance with the national legislation.<br />

Mobilisation / Start-up of the Work<br />

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

a written confirmation, stating that both CONTRACTOR and SUBCONTRACTORs<br />

fulfil the requirements of the CONTRACT.<br />

A.3.39 CONTRACTOR shall, prior to commencement of the WORK, inform all PERSONNEL<br />

about all (legislative, COMPANY, CONTRACTOR) <strong>HSE</strong> regulations, rules,<br />

requirements, instructions, information, which are or could be related to the WORK.<br />

Such regulations, rules, requirements, instructions and information may be subject to<br />

review by COMPANY. CONTRACTOR shall communicate these in such a manner<br />

that all PERSONNEL can easily understand it. CONTRACTOR shall ensure that any<br />

new PERSONNEL are informed in an equal manner.<br />

A.3.40 Before commencement of the WORK CONTRACTOR shall ensure all PERSONNEL<br />

involved in the WORK receive a Mobilisation Briefing detailing COMPANY<br />

expectations in performance of the WORK and risks associated with WORK.<br />

CONTRACTOR shall ensure that any new PERSONNEL are informed in an equal<br />

manner.<br />

<strong>HSE</strong> Communications and Meetings<br />

A.3.41 CONTRACTOR shall ensure efficient and effective <strong>HSE</strong> communication and<br />

consultation with all PERSONNEL involved in the WORK. This includes but is not<br />

limited to toolbox meetings prior to the start of the WORK, worksite <strong>HSE</strong> meetings on<br />

a regular basis with all parties involved (including SUBCONTRACTORs, COMPANY<br />

and third parties), newsletters, etc.<br />

A.3.42 CONTRACTOR shall participate in relevant COMPANY <strong>HSE</strong> meetings.<br />

<strong>HSE</strong> Performance Reporting<br />

A.3.43 CONTRACTOR shall submit on a monthly, or at least quarterly, basis an <strong>HSE</strong><br />

Performance Report to COMPANY Representative. This report shall contain as a<br />

minimum the following data, as related to the WORK:<br />

Progress against implementation of the CONTRACT <strong>HSE</strong> PLAN.<br />

A list, including a brief description, of all incidents (including near misses and<br />

potential incidents);<br />

Exposure hours (including SUBCONTRACTOR exposure hours), broken-down<br />

per worksite/location;<br />

Number of Fatalities (FAT);<br />

Number of Permanent Total Disabilities (PTD);<br />

Number of Lost Workday Cases (LWC);<br />

Number of Restricted Workday Cases (RWC);<br />

Number of Medical Treatment Cases (MTC);<br />

Number of First Aid Cases (FAC);<br />

Number of Environmental Non-conformances;<br />

Number of Environmental Spills;<br />

Leading performance indicators as agreed with COMPANY;


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 9 of 39<br />

<br />

Additional contract specific <strong>HSE</strong> performance data, as to be agreed with<br />

COMPANY.<br />

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

Mileage / kilometres driven for the WORK;<br />

Fuel / gas consumption;<br />

Electricity consumption;<br />

Water usage (public facilities / surface water / ground water);<br />

Water discharge;<br />

Waste generated.<br />

The format, content and the frequency of the <strong>HSE</strong> Performance Report shall be<br />

agreed with COMPANY prior to the commencement of the WORK.<br />

However, <strong>HSE</strong> statistics shall be reported using the form attached in Appendix 5.<br />

A.3.44 CONTRACTOR shall submit on a monthly, or at least quarterly, basis an <strong>HSE</strong><br />

Performance Report to COMPANY Representative. This report shall contain as a<br />

minimum the following data, as related to the WORK:<br />

A list, including a brief description, of all incidents (including near misses and<br />

potential incidents);<br />

Exposure hours (including SUBCONTRACTOR exposure hours), broken-down<br />

per worksite/location;<br />

Number of Fatalities (FAT);<br />

Number of Permanent Total Disabilities (PTD);<br />

Number of Lost Workday Cases (LWC);<br />

Number of Restricted Workday Cases (RWC);<br />

Number of Medical Treatment Cases (MTC);<br />

Number of Environmental Non-conformances;<br />

<br />

<br />

Number of Environmental Spills;<br />

Additional contract specific <strong>HSE</strong> performance data, as to be agreed with<br />

COMPANY.<br />

The format, content and the frequency of the <strong>HSE</strong> Performance Report shall be<br />

agreed with COMPANY prior to the commencement of the WORK.<br />

However, <strong>HSE</strong> statistics shall be reported using the form attached in Appendix 5.<br />

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

COMPANY on <strong>HSE</strong> performance, then CONTRACTOR shall prepare and implement<br />

an <strong>HSE</strong> Improvement Plan to rectify such. Reference is made to “Stoplight Reporting”<br />

requirements listed in Appendix 1.<br />

A.3.46 CONTRACTOR shall submit an Annual <strong>HSE</strong> Performance Report by the 15th of<br />

January of the following year.<br />

A.3.47 CONTRACTOR shall submit an <strong>HSE</strong> Performance Close-out Report at the end of the<br />

CONTRACT period.<br />

A.3.48 Both the Annual <strong>HSE</strong> Performance Report and the <strong>HSE</strong> Performance Close-out<br />

Report, as mentioned in article A.3.46 and A.3.47, shall as a minimum address the<br />

following:<br />

All data as mentioned in article A.3.43/A.3.44 consolidated for the entire contract<br />

period;<br />

List of all incidents (including near misses and potential incidents);<br />

Summary of underlying causes of and follow-up to incidents with significant actual<br />

consequences;<br />

<strong>HSE</strong> successes that should be considered for next year or future work;<br />

Problems experienced and actions taken to resolve these;<br />

Effectiveness of CONTRACT <strong>HSE</strong> PLAN implementation;<br />

Effectiveness of <strong>HSE</strong> interfacing process;


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 10 of 39<br />

<br />

<br />

SUBCONTRACTOR performance evaluation;<br />

Any other lessons to be learnt and suggestions for improvements.<br />

<strong>HSE</strong> Incident Management<br />

A.3.49 CONTRACTOR shall have a structured and documented <strong>HSE</strong> incident notification,<br />

investigation and reporting system.<br />

A.3.50 CONTRACTOR shall report any <strong>HSE</strong> incident and/or accident, related to<br />

CONTRACTOR activities or PERSONNEL, to national or local authorities as required<br />

by relevant legislation.<br />

A.3.51 CONTRACTOR shall notify COMPANY REPRESENTATIVE immediately of any <strong>HSE</strong><br />

incident, including near misses and significant potential incidents, arising from<br />

CONTRACTOR‟s or SUBCONTRACTOR‟s activities associated with the WORK,<br />

related to:<br />

Harm to COMPANY, CONTRACTOR and SUBCONTRACTOR PERSONNEL or<br />

Third Party,<br />

Harm to the environment,<br />

Damage to, or loss of, COMPANY, CONTRACTOR, SUBCONTRACTOR or Third<br />

Party assets.<br />

Harm to COMPANY reputation.<br />

A.3.52 CONTRACTOR shall submit incident notifications to COMPANY per COMPANY<br />

requirements listed in Appendix 1.<br />

A.3.53 CONTRACTOR shall co-operate fully with COMPANY and participate as necessary<br />

in any COMPANY investigation of <strong>HSE</strong> incidents.<br />

A.3.54 CONTRACTOR shall investigate any incident as described in article A.3.51.<br />

A.3.55 COMPANY shall have the right to participate in any such investigation (or in certain<br />

circumstances to initiate its own investigation) of these incidents, wherever they<br />

occur, and shall have unrestricted access at all reasonable times to the facilities,<br />

equipment, materials, records and PERSONNEL of CONTRACTOR and<br />

SUBCONTRACTOR(s) for this purpose (subject only to any statutory or contractual<br />

obligation prohibiting the disclosure of any such records by CONTRACTOR).<br />

A.3.56 CONTRACTOR shall include in all SUBCONTRACTs, associated with the WORK,<br />

rights of access for COMPANY with respect to incident investigation, as described<br />

herein.<br />

A.3.57 Nothing in above articles shall restrain CONTRACTOR from investigating incidents<br />

related to CONTRACTOR activities or PERSONNEL and, in such cases,<br />

CONTRACTOR shall provide a copy of their completed incident report to COMPANY<br />

on request (subject only to any statutory or contractual obligation prohibiting the<br />

disclosure of any such records by CONTRACTOR).<br />

A.3.58 CONTRACTOR shall present incident investigation results to COMPANY, in case<br />

required by COMPANY.<br />

A.3.59 CONTRACTOR shall implement the recommendations arising from incident<br />

investigations and shall ensure that findings are fully communicated to all relevant<br />

PERSONNEL.<br />

Emergency Preparedness and Response<br />

A.3.60 CONTRACTOR shall maintain fit-for-purpose Emergency Response Capability, which<br />

shall be clearly documented.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 11 of 39<br />

A.3.61 In cases required by COMPANY, CONTRACTOR shall develop, in collaboration with<br />

COMPANY, an Emergency Bridging Document.<br />

Such Emergency Bridging Document shall be implemented, and PERSONNEL shall<br />

be briefed on the content, prior to start of the WORK.<br />

A.3.62 Where applicable, CONTRACTOR shall provide fit-for-purpose survival equipment,<br />

first-aid equipment, life-saving equipment, fire-fighting equipment and oil/chemical<br />

spill equipment. CONTRACTOR shall ensure that involved PERSONNEL are trained<br />

and competent in its use.<br />

A.3.63 CONTRACTOR shall develop and maintain a programme of training and exercises to<br />

ensure competency of all individuals and teams involved in the emergency response<br />

organisation, in accordance with national and COMPANY requirements.<br />

A.3.64 CONTRACTOR shall ensure that all PERSONNEL are aware of COMPANY‟s<br />

emergency procedures. CONTRACTOR shall instruct all PERSONNEL to comply<br />

with COMPANY‟s instructions during emergencies.<br />

A.3.65 COMPANY shall brief PERSONNEL on their roles and responsibilities in emergency<br />

situations.<br />

A.3.66 PERSONNEL working offshore shall have completed basic <strong>HSE</strong> and emergency<br />

preparedness and response training, including HUET (Helicopter Underwater Escape<br />

Training), in accordance with requirements of the industry standards in the country of<br />

operation.<br />

A.3.67 Basic emergency preparedness and response training will be at CONTRACTOR‟s<br />

cost.<br />

A.3.68 CONTRACTOR shall make available PERSONNEL to participate in periodic drills,<br />

instructions in first-aid, survival, life-saving and fire-fighting as may be requested and<br />

conducted from time to time by COMPANY.<br />

A.3.69 COMPANY reserves the right to nominate PERSONNEL to positions within the (local)<br />

emergency response organisation. In case this requires specific training such will be<br />

at COMPANY‟s cost.<br />

A.3.70 Participation of CONTRACTOR in large scale Emergency Response exercises, as<br />

requested by COMPANY, will be at COMPANY‟s cost. Compensation mechanism to<br />

be agreed with COMPANY prior to such exercises.<br />

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

close to COMPANY WORKSITE, then CONTRACTOR shall, before start of the<br />

WORK, provide COMPANY with a „<strong>Contract</strong>or Emergency Contact Details‟ list<br />

(Appendix 6). Such list shall contain CONTRACTOR‟s emergency telephone<br />

numbers that are available 24 hours per day, 7 day per week.<br />

CONTRACTOR shall inform COMPANY immediately of any changes to this<br />

„<strong>Contract</strong>or Emergency Contact Details‟ list.<br />

<strong>HSE</strong> Audits, Reviews and Inspections<br />

A.3.72 CONTRACTOR shall perform audits, reviews and inspections on the worksite as<br />

required by CONTRACTOR‟s <strong>HSE</strong> Management System or by COMPANY.<br />

A.3.73 During these audits, reviews and inspections CONTRACTOR shall verify that<br />

CONTRACTOR has fulfilled any and all legal obligations, including conditions and<br />

stipulations in all relevant licenses, consents and permits and that the WORK is<br />

performed in accordance with <strong>HSE</strong> STANDARDS.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 12 of 39<br />

A.3.74 CONTRACTOR shall provide capable, qualified and competent PERSONNEL to<br />

perform audits, reviews and inspections.<br />

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

and inspections to COMPANY.<br />

A.3.76 CONTRACTOR shall, upon COMPANY request, demonstrate effective<br />

implementation of findings from audits, reviews and inspections.<br />

A.3.77 CONTRACTOR shall co-operate with any <strong>HSE</strong> audit, review or inspection carried out<br />

by COMPANY. COMPANY shall inform CONTRACTOR of the results.<br />

<strong>HSE</strong> Records<br />

A.3.78 CONTRACTOR shall retain relevant <strong>HSE</strong> records resulting from its WORK in line with<br />

relevant legislation. COMPANY shall be given access to these records on request.<br />

ARTICLE 4 – SUBCONTRACTOR MANAGEMENT<br />

A.4.1 CONTRACTOR shall ensure that SUBCONTRACTORs comply with <strong>HSE</strong><br />

STANDARDS, including Articles 1 to 5 of this section, including Appendices, as<br />

appropriate.<br />

A.4.2<br />

A.4.3<br />

A.4.4<br />

A.4.5<br />

A.4.6<br />

A.4.7<br />

A.4.8<br />

A.4.9<br />

CONTRACTOR shall include suitable equivalent articles in their SUBCONTRACTs to<br />

meet the requirements of article A.4.1 and an obligation to comply with the<br />

requirements of the CONTRACT.<br />

There shall be no more than two (2) layers of SUBCONTRACTs, unless formally<br />

agreed with COMPANY otherwise.<br />

CONTRACTOR shall inform COMPANY in advance in a reasonable time of portions<br />

of the WORK that CONTRACTOR intends to subcontract.<br />

CONTRACTOR shall use a fit-for-purpose process for identification, evaluation and<br />

selection of SUBCONTRACTORs consistent with “OGP (The International<br />

Association of Oil & Gas Producers) Report no. 6.64/291” or an equivalent industrial<br />

or statutory system.<br />

COMPANY reserves the right to participate in the evaluation of <strong>HSE</strong> capability and<br />

approve any SUBCONTRACTOR accordingly.<br />

CONTRACTOR shall inform COMPANY in advance in a reasonable time of the<br />

details of any planned award of a SUBCONTRACT. This includes, but is not limited to<br />

subcontracted workscope, SUBCONTRACTOR company name and anticipated<br />

award date.<br />

CONTRACTOR shall provide to SUBCONTRACTOR, as a minimum, in a format and<br />

level that will be readily understood by SUBCONTRACTOR:<br />

specific <strong>HSE</strong> HAZARDS as relevant to SUBCONTRACTOR‟s WORK;<br />

<strong>HSE</strong> STANDARDS as relevant to SUBCONTRACTOR‟s WORK;<br />

CONTRACT <strong>HSE</strong> PLAN.<br />

CONTRACTOR shall ensure that SUBCONTRACTOR familiarises itself with the<br />

information as provided under article A.4.8 and with its role in implementing the<br />

CONTRACT <strong>HSE</strong> PLAN.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 13 of 39<br />

A.4.10 CONTRACTOR shall maintain an overview of SUBCONTACTORS, showing activities<br />

to be performed and risk level relevant to the WORK. CONTRACTOR shall provide<br />

this overview to COMPANY upon request.<br />

A.4.11 CONTRACTOR shall ensure that all SUBCONTRACTOR PERSONNEL are<br />

competent, capable and qualified as per the provisions contained in Article 3.<br />

A.4.12 CONTRACTOR shall be accountable for SUBCONTRACTOR <strong>HSE</strong> performance.<br />

A.4.13 COMPANY reserves the right to refuse SUBCONTRACTOR access to COMPANY<br />

WORKSITE and to re-allocate work following non-compliance to <strong>HSE</strong> STANDARDS.<br />

A.4.14 CONTRACTOR shall provide evaluation of SUBCONTRACTOR‟s <strong>HSE</strong> performance<br />

upon completion of the work.<br />

ARTICLE 5 – CONTRACT <strong>HSE</strong> PLAN<br />

A.5.1<br />

A.5.2<br />

A.5.3<br />

A.5.4<br />

A.5.5<br />

CONTRACTOR shall prepare and submit for COMPANY review a CONTRACT <strong>HSE</strong><br />

PLAN, which covers all WORK under the CONTRACT and, if appropriate, relevant<br />

parts of the COMPANY <strong>HSE</strong> Plan.<br />

This CONTRACT <strong>HSE</strong> PLAN shall be reviewed and accepted by COMPANY prior to<br />

the commencement of mobilisation and/or any physical work commences.<br />

Format of CONTRACT <strong>HSE</strong> PLAN shall be to a standard agreed by COMPANY.<br />

CONTRACT <strong>HSE</strong> PLAN shall include as a minimum:<br />

Relevant requirements as resulting from <strong>HSE</strong> STANDARDS;<br />

CONTRACTOR‟s (annual) targets for <strong>HSE</strong> performance. These shall be aligned<br />

with COMPANY‟s targets for <strong>HSE</strong> performance;<br />

<strong>HSE</strong> HAZARDS associated with the WORK;<br />

CONTRACTOR Organisation chart, outlining (<strong>HSE</strong>) roles and responsibilities<br />

related to the WORK;<br />

CONTRACTOR‟s proposed application of <strong>HSE</strong> systems, programmes and other<br />

<strong>HSE</strong> activities to mitigate risks associated with the WORK;<br />

CONTRACTOR‟s activities to rectify and continuously improve <strong>HSE</strong> performance;<br />

CONTRACTOR‟s <strong>HSE</strong> assurance plan including:<br />

o <strong>HSE</strong> audit, inspection, and review schedule (ref. article A.3.72);<br />

o <strong>HSE</strong> meeting, worksite visit and engagement schedule during<br />

mobilisation, execution of the WORK and demobilisation.<br />

CONTRACTOR shall review CONTRACT <strong>HSE</strong> PLAN on a regular basis and prior to<br />

any phase or part of the work where new <strong>HSE</strong> HAZARDS are identified.<br />

Such review shall be conducted at least every year, preferably before January of the<br />

next calendar year to ensure alignment with COMPANY and CONTRACTOR annual<br />

corporate <strong>HSE</strong> plans.<br />

Any proposed revision to the CONTRACT <strong>HSE</strong> PLAN, shall be submitted to<br />

COMPANY for review and comment prior to implementation.<br />

CONTRACTOR shall implement CONTRACT <strong>HSE</strong> PLAN and communicate its<br />

relevant parts, including subsequent revisions, to PERSONNEL.<br />

CONTRACTOR shall report performance and progress against CONTRACT <strong>HSE</strong><br />

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


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 14 of 39<br />

SECTION VI PART B – WORK SPECIFIC <strong>HSE</strong> CONDITIONS<br />

Drafting note:<br />

Leave out clauses that are not relevant to the scope of the contract (after consulting<br />

<strong>Contract</strong>or <strong>HSE</strong> Mgt team).<br />

Note that some articles shall be included only in case these are relevant. These are headed<br />

by: “[Conditional article delete when not relevant]”<br />

If in doubt contact Expertise Holder.<br />

This section contains requirements that shall be read in conjunction to Section VI Part A.<br />

<strong>HSE</strong> Case(s) and statutory <strong>HSE</strong> Plans<br />

B.1 Notwithstanding Article 5, CONTRACTOR shall submit WORK specific<br />

<strong>HSE</strong>/Safety/Environmental Cases or other statutory <strong>HSE</strong> Plans relevant to the WORK<br />

or shall contribute to <strong>HSE</strong>/Safety/Environmental Cases or other statutory <strong>HSE</strong> Plans<br />

prepared by COMPANY. The risk assessment mentioned in article A.3.14 and A.3.15<br />

shall be reflected therein.<br />

<strong>HSE</strong> Organisation<br />

B.2 CONTRACTOR <strong>HSE</strong> organisation shall operate independent from line organisation<br />

and report directly to top level management of CONTRACTOR‟s organisation.<br />

Road Safety<br />

B.3 PERSONNEL shall execute any road transport associated with the WORK in<br />

accordance with COMPANY‟s <strong>EPE</strong> <strong>HSE</strong> Road Transport Standard (doc.no. EP2005-<br />

0261-ST-<strong>EPE</strong>). Note that PERSONNEL include SUBCONTRACTOR personnel.<br />

Personal Protective Equipment (PPE)<br />

B.4 CONTRACTOR shall ensure that PERSONNEL are provided with sufficient and fitfor-purpose<br />

Personal Protective Equipment (PPE) and shall ensure that such is<br />

maintained in a good condition. CONTRACTOR ensures that PERSONNEL are<br />

trained to use PPE in a correct manner.<br />

B.5 CONTRACTOR shall comply with the PPE requirements as contained in<br />

COMPANY‟s Technical Standard regarding Personal Protective Equipment (doc.no.<br />

DEP.80.80.0016) or equivalent.<br />

Hazardous Activities – Specialised Training<br />

B.6 CONTRACTOR shall identify and document activities that require special or<br />

additional training in respect of potential risks associated with the WORK, such as but<br />

not limited to activities involving asbestos removal, exposure to chemicals, mercury,<br />

radiation, BTEX, high noise and vibration levels or other occupational health and<br />

safety hazards.<br />

CONTRACTOR shall ensure that PERSONNEL are trained accordingly.<br />

Permit to Work<br />

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


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 15 of 39<br />

B.8 If applicable PERSONNEL will follow the Permit to Work system applied by the<br />

COMPANY. PERSONNEL will obtain and adhere to a Permit to Work.<br />

PERSONNEL‟s role may be applicant and/or holder of a Permit to Work.<br />

B.9 CONTRACTOR shall ensure that PERSONNEL are competent, capable and qualified<br />

to follow the Permit to Work system applied by COMPANY.<br />

B.10 CONTRACTOR may use it‟s own Permit to Work system to control and supervise<br />

CONTRACTOR and SUBCONTRACTOR PERSONNEL as long as this system is not<br />

in conflict with COMPANY‟s Permit to Work system. CONTRACTOR shall obtain<br />

COMPANY approval for such situation.<br />

Chemicals<br />

B.11 CONTRACTOR shall adhere to COMPANY‟s procedures with respect to the handling<br />

and use of chemicals as listed in Appendix 1.<br />

B.12 CONTRACTOR shall provide to COMPANY up-to-date information, on health, safety<br />

and environmental hazards posed by chemical products used in the work in line with<br />

COMPANY‟s procedure (doc.no. <strong>EPE</strong>.CHEMICALS.PR.10).<br />

B.13 CONTRACTOR shall send updates of MSDS information of chemicals in use directly<br />

to COMPANY Chemical Support Team through the email address ABE--<strong>EPE</strong>-<br />

Chemical-Approval-@shell.com.<br />

B.14 CONTRACTOR shall ensure that chemicals are approved for use on COMPANY<br />

WORKSITE prior to being supplied, stored and/or used.<br />

B.15 If CONTRACTOR manufactures or imports chemicals, CONTRACTOR shall comply<br />

with prevailing statutes as well as regulations and guidelines on evaluating and<br />

classifying chemicals (e.g. REACH). All substances supplied by CONTRACTOR shall<br />

have been pre-registered / registered in accordance with REACH legislation and any<br />

chemical application areas under the contract must be covered by the substance<br />

exposure scenarios in the REACH registration process.<br />

B.16 CONTRACTOR shall adhere to legislation and local permit requirements for the use<br />

and (potential) discharge of ALL chemicals.<br />

Mercury<br />

B.17 CONTRACTOR shall assess the occupational risks associated with working at<br />

CONTRACTOR worksite with COMPANY provided potentially mercury contaminated<br />

materials and equipment. CONTRACTOR shall take measures to protect the safety<br />

and health of PERSONNEL. This includes prevention of occupational risks, provision<br />

of information and training, arranging necessary organisation and resources,<br />

including health surveillance if appropriate. CONTRACTOR shall inform all<br />

PERSONNEL at CONTRACTOR worksite who may be exposed by working with<br />

COMPANY provided potentially mercury contaminated materials and equipment.<br />

Such information shall as a minimum cover the assessed risks and the steps taken or<br />

to be taken towards protection.<br />

In case CONTRACTOR subcontracts (part of the) WORK, involving COMPANY<br />

provided potentially mercury contaminated materials and equipment, then<br />

CONTRACTOR shall ensure that SUBCONTRACTOR shall take measures to protect<br />

health of PERSONNEL.<br />

At COMPANY WORKSITE the COMPANY procedures and instructions will apply.<br />

Waste Management


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 16 of 39<br />

B.18 CONTRACTOR shall handle all waste in accordance with applicable national laws<br />

and regulations.<br />

B.19 CONTRACTOR shall handle all waste produced on COMPANY WORKSITE, in<br />

accordance with:<br />

COMPANY Waste Management Standard (doc.no. <strong>EPE</strong>.WASTE.ST.01 /<br />

EP200506207830).<br />

COMPANY Waste Management Policy (doc.no. <strong>EPE</strong>.WASTE.PO.01 /<br />

P200411203337).<br />

B.20 CONTRACTOR shall minimise the total quantity, and environmental impact of any<br />

waste resulting from execution of the WORK.<br />

B.21 CONTRACTOR shall identify any waste at the planning stage of any WORK. Any<br />

opportunities for the reduction of waste, or minimisation of the environmental impact<br />

of the waste, shall be identified at this stage.<br />

B.22 CONTRACTOR shall handle waste they generate on COMPANY premises, sites or<br />

installations, in accordance with the COMPANY site procedures and using<br />

COMPANY appointed waste contractors and agreements.<br />

CONTRACTOR is responsible for the safe containment and identification of any<br />

waste they produce, and to hand-over the waste to COMPANY representative for<br />

offsite disposal.<br />

Rope Access<br />

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

by a company that is IRATA (Industrial Rope Access Trade Association) certified.<br />

In case IRATA certified company cannot be used (e.g. due national codes &<br />

standards), then contractor shall provide unambiguous evidence that proposed<br />

alternative company works according to a code of practice which satisfies the<br />

minimum requirement as prescribed in IRATA certification scheme code of practice.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 17 of 39<br />

SECTION VI PART C – SHELL U.K. LIMITED SPECIAL <strong>HSE</strong> CONDITIONS<br />

Drafting note:<br />

Include the following local country specific clauses as appropriate the intended geographical<br />

coverage of the contract.<br />

If in doubt contact your local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist.<br />

Note that some articles shall be included only in case these are relevant. These are headed<br />

by: “[Conditional article delete when not relevant]”<br />

Leave out clauses that are not relevant to the scope of the contract (after consulting your<br />

local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist and/or relevant Expertise Holder).<br />

This section contains requirements that are applicable for the United Kingdom area and shall<br />

be read in conjunction with Section VI Part A and Part B.<br />

GENERAL<br />

Environmental Management<br />

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

the WORK. The follow-up shall include environmental monitoring where required.<br />

CONTRACTOR shall use results systematically to minimise environmental impact.<br />

C.2 CONTRACTOR shall include environmental aspects in all technical evaluations that<br />

involve discharges to sea and emissions to air. Evaluations of alternative technical<br />

solutions, processes and equipment shall include chemicals, energy requirements,<br />

discharges and waste generation to sea, emissions to air. The evaluations shall serve<br />

as criteria when selecting solutions based on cost-benefit analysis. CONTRACTOR<br />

shall document all evaluations and shall submit these to COMPANY upon request.<br />

CONTRACTOR shall have substitution plans for chemicals in line with regulatory<br />

requirements.<br />

C.3 CONTRACTOR shall include environmental aspects in management documentation<br />

including operational procedures.<br />

Competence and Training<br />

C.4 CONTRACTOR shall ensure that PERSONNEL have completed the introductory<br />

safety programme as per Minimum Industry Safety Training (MIST) requirements.<br />

C.5 CONTRACTOR shall ensure that key PERSONNEL have completed <strong>HSE</strong> and<br />

emergency response training as per SUKEP standard “Staff Competence Standards<br />

(Surface Operations) 2007” (doc.no. EP.71.ST.78-008) and, via consultation with<br />

COMPANY, as per requirements of the relevant Environmental Case.<br />

C.6 CONTRACTOR shall keep adequate training records in compliance with relevant<br />

legislation. PERSONNEL shall be able to demonstrate compliance to the<br />

requirements of article C.4 and C.5.<br />

Medical Fitness / Fitness to Work<br />

C.7 Examination of medical Fitness to Work of PERSONNEL working offshore, shall be<br />

conducted in accordance with OGP (The International Association of Oil & Gas<br />

Producers) "Medical Aspects of Fitness for Work Offshore - Guidance for Examining<br />

Physicians".


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 18 of 39<br />

C.8 CONTRACTOR shall formally advise COMPANY of any known medical disability or<br />

condition of any PERSONNEL, which may adversely affect his/her own health or<br />

safety, or the health, or safety of others.<br />

C.9 CONTRACTOR shall hold current Medical Certificates of Fitness for all PERSONNEL<br />

who are required to work offshore for fifteen (15) days or more in any twelve (12)<br />

month period.<br />

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

by CONTRACTOR for medical fitness assessments.<br />

Emergency Preparedness and Response<br />

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

WORKSITE, be responsible for the provision of first aid and for carrying out other<br />

emergency response tasks.<br />

CONTRACTOR shall ensure that PERSONNEL are assigned, trained and qualified to<br />

perform these tasks.<br />

WORK SPECIFIC<br />

Chemicals<br />

C.12 CONTRACTOR shall comply with the COSHH regulations for all tasks employing the<br />

use of hazardous chemicals.<br />

C.13 CONTRACTOR supplying chemicals covered by the Offshore Chemical Regulations<br />

(OCR 2002) shall submit to COMPANY up-to-date CEFAS templates.<br />

Radiation<br />

C.14 In case CONTRACTOR uses radioactive sources, which are not owned by<br />

COMPANY, then CONTRACTOR shall have a valid permit (Registration) as required<br />

under the Radioactive Substances Act. CONTRACTOR shall confirm to COMPANY<br />

in writing that all requirements, as defined in the “Registration” have been fulfilled.<br />

C.15 CONTRACTOR is not allowed to use any radioactive sources unless explicitly notified<br />

to the COMPANY Radiation Protection Supervisor in advance.<br />

C.16 CONTRACTOR who may work with Naturally Occurring Radioactive Material<br />

(NORM) at COMPANY WORKSITE shall have 'Local Rules' in place to meet the<br />

requirements of the Ionizing Radiation Regulations.<br />

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

C.14, and 'Local Rules' are available on worksite at the start and for the duration of<br />

the work.<br />

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

COMPANY‟s Radiation Protection Supervisors.<br />

C.19 CONTRACTOR shall assure that the work is also in accordance with COMPANY<br />

'Local Rules'.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 19 of 39<br />

SECTION VI PART D – A/S NORSKE SHELL SPECIAL <strong>HSE</strong> CONDITIONS<br />

Drafting note:<br />

Include the following local country specific clauses as appropriate the intended geographical<br />

coverage of the contract.<br />

If in doubt contact your local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist.<br />

Note that some articles shall be included only in case these are relevant. These are headed<br />

by: “[Conditional article delete when not relevant]”<br />

Leave out clauses that are not relevant to the scope of the contract (after consulting your<br />

local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist and/or relevant Expertise Holder).<br />

This section contains requirements that are applicable for Norway and shall be read in<br />

conjunction with Section VI Part A and Part B.<br />

GENERAL<br />

Principle Enterprise and Workforce Involvement<br />

D.1 CONTRACTOR shall act as Principle Enterprise as defined by the Norwegian<br />

Working Environment Act.<br />

D.2 CONTRACTOR shall have a safety delegate system (“verneombudsordning”)<br />

implemented (AMU).<br />

D.3 PERSONNEL shall elect representatives as Safety Delegates to participate in the<br />

Safety Service at worksite and in the Joint Safety Committee (KAMU).<br />

<strong>HSE</strong> Management System<br />

D.4 COMPANY will assess CONTRACTOR‟s <strong>HSE</strong> Management System using NORSOK<br />

Standard S-006 “<strong>HSE</strong> Evaluation of <strong>Contract</strong>ors”.<br />

Environmental Management<br />

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

the work. The follow-up shall include environmental monitoring where required.<br />

CONTRACTOR shall use results systematically to minimise environmental impact.<br />

D.6 CONTRACTOR shall include environmental aspects in all technical evaluations that<br />

involve discharges to sea and emissions to air. Evaluations of alternative technical<br />

solutions, processes and equipment shall include chemicals, energy requirements,<br />

discharges and waste generation to sea, emissions to air. The evaluations shall serve<br />

as criteria when selecting solutions based on cost-benefit analysis. CONTRACTOR<br />

shall document all evaluations and shall submit these to COMPANY upon request.<br />

CONTRACTOR shall have substitution plans for chemicals in line with regulatory<br />

requirements.<br />

D.7 CONTRACTOR shall include environmental aspects in management documentation<br />

including operational procedures.<br />

Competence and Training<br />

D.8 CONTRACTOR shall ensure that PERSONNEL have completed <strong>HSE</strong> and<br />

emergency response training as per NSEP procedure “Safety and emergency


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 20 of 39<br />

preparedness training and health certificate – health statement”” EP.17.PR.15<br />

(offshore activity) and/or ”Instruction for Safety and Security on Nyhamna” 37-1A-NS-<br />

A05-00001 (onshore activity).<br />

D.9 CONTRACTOR shall keep adequate training records. PERSONNEL shall be able to<br />

demonstrate compliance to the requirements as stated in NSEP procedure<br />

EP.17.PR.15, where applicable.<br />

Occupational Health Management and Working Environment<br />

D.10 CONTRACTOR shall have a system implemented for monitoring all physical,<br />

chemical, biological, ergonomic and psychosocial/organisational factors which could<br />

be a potentially detriment to health and performance. The system shall be linked to<br />

continuous systematic monitoring of exposure of PERSONNEL to these factors, and<br />

to actions reducing potential exposure incorporated in the CONTRACT <strong>HSE</strong> PLAN.<br />

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

health risks during transport, use and disposal. Chemicals with lowest health risk<br />

shall be prioritised wherever this is technically and operationally feasible. All<br />

evaluations shall be documented and be available to COMPANY on request.<br />

CONTRACTOR shall prepare a plan for replacing chemicals.<br />

Medical Fitness / Fitness to Work<br />

D.12 Examination of medical fitness to work of PERSONNEL working offshore, shall be<br />

conducted in accordance with “Regulations concerning medical requirements for<br />

persons engaged in the petroleum activities”.<br />

D.13 PERSONNEL working offshore shall hold a current Medical Certificate of Fitness.<br />

This certificate shall only be issued following a medical examination, which has been<br />

conducted in accordance with Norwegian regulations.<br />

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

shall have the specific health certificate referred to in the OLF Guidelines for Safety<br />

and Emergency Training (002).<br />

<strong>HSE</strong> Incident Management<br />

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

COMPANY‟s guideline EP.17.PR.12 “Incident Management in NSEP” (doc.no.<br />

EP200604227631).<br />

<strong>Contract</strong> <strong>HSE</strong> Plan<br />

D.16 CONTRACT <strong>HSE</strong> PLAN shall mention “Absence due to illess” as a target. <strong>HSE</strong><br />

Performance Report shall include figures about absence due to illness.<br />

WORK SPECIFIC<br />

Environmental Management<br />

D.17 In case the WORK involves activities where discharges/emissions are regulated in<br />

discharge/emission permits, then CONTRACTOR shall be ISO 14001 certified.<br />

In the event ISO 14001 certification is not in place, then CONTRACTOR shall, upon<br />

COMPANY request, submit an ISO 14001 implementation plan.<br />

Green House Gasses


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 21 of 39<br />

D.18 In case the WORK involves activities that are energy / CO2 intensive, then<br />

CONTRACTOR shall, upon COMPANY request, submit CONTRACTOR‟s GHG/EE<br />

(Green House Gasses / Energy Efficiency) Management Plan.<br />

Eco-efficient procurement<br />

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

This impacts environmental efforts related to climate and energy, health and<br />

environmentally dangerous chemicals. Waste prevention and effective use of<br />

resources is part of this and we therefore require that packing is reduced to a<br />

minimum on our purchases and subsequently packing that is used can be reused or<br />

recycled. Information to be found on the GRIP (GReen In Practice) website:<br />

http://www.grip.no/default.htm.<br />

Chemicals<br />

D.20 CONTRACTOR shall comply with COMPANY‟s Procedure “Chemical Management -<br />

NSEP” (doc.no. <strong>EPE</strong>.CHEMICALS.PR.70).<br />

D.21 CONTRACTOR shall report any manufactured and/or imported chemicals to the<br />

Product Registry (“Produktregisteret”) and shall obtain any necessary approval prior<br />

to manufacturing and/or importing chemicals.<br />

D.22 CONTRACTOR shall submit a Material Safety Data Sheet in Norwegian language<br />

conforming to the REACH directive 1907/2006 when requesting permission to supply,<br />

store and/or use chemicals.<br />

D.23 CONTRACTOR shall comply with any discharge permit requirements related to use<br />

and discharge of chemicals and the guidelines for ecotoxicological testing issued by<br />

the Norwegian Pollution Control Authority (SFT). To ensure proper quality assurance<br />

of the ecotoxicological documentation, CONTRACTOR shall include HOCNF of the<br />

chemical in the CHEMS database prior to use.<br />

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

CONTRACTOR shall document the justification for use and CONTRACTOR shall<br />

prepare a plan for replacing the chemical.<br />

D.25 CONTRACTOR shall obtain COMPANY‟s approval for any chemicals to be<br />

discharged to the environment. CONTRACTOR can only use chemicals classified by<br />

SFT as red or black if it is specifically included in the discharge permit issued to the<br />

COMPANY.<br />

Radiation<br />

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

shall have implemented relevant regulatory requirements and shall, where applicable,<br />

follow COMPANY‟s procedures and work instructions.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 22 of 39<br />

SECTION VI PART E – NEDERLANDSE AARDOLIE MAATSCHAPPIJ B.V.<br />

SPECIAL <strong>HSE</strong> CONDITIONS<br />

Drafting note:<br />

Include the following local country specific clauses as appropriate the intended geographical<br />

coverage of the contract.<br />

If in doubt contact your local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist.<br />

Note that some articles shall be included only in case these are relevant. These are headed<br />

by: “[Conditional article delete when not relevant]”<br />

Leave out clauses that are not relevant to the scope of the contract (after consulting your<br />

local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist and/or relevant Expertise Holder).<br />

This section contains requirements that are applicable for The Netherlands and shall be read<br />

in conjunction with Section VI Part A and Part B.<br />

GENERAL<br />

Life Saving Rules<br />

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

means of the Personal Safety Logbook (PSL), that they have been informed about<br />

the Life Saving Rules and that they have confirmed these have been understood.<br />

Substance (Ab)use<br />

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

Shell Nederland BBS Procedure “Beheer van Alcohol en Drugs” (Doc.no.05.00.1023)<br />

<strong>HSE</strong> Management System<br />

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

exempted as per NAM standard NSS 00-G-0-07.<br />

Environmental Management<br />

E.4 CONTRACTOR‟s environmental management system shall follow the principles of<br />

the ISO 14001 standard. ISO 14001 certification is required for those cases as<br />

specified in NAM standard NSS 00-G-0-07.<br />

Competence and Training<br />

E.5 CONTRACTOR shall ensure that PERSONNEL have completed <strong>HSE</strong> and<br />

emergency response training as per NAM standard NSS 00-G-0-07 referring to the<br />

NAM <strong>HSE</strong> Training Matrix.<br />

E.6 CONTRACTOR shall keep adequate training records. PERSONNEL shall be able to<br />

demonstrate compliance to the requirements as stated in NAM standard NSS 00-G-0-<br />

07 and NAM <strong>HSE</strong> Training Matrix, where applicable.<br />

E.7 In addition and to the extent required, CONTRACTOR shall ensure that<br />

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


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 23 of 39<br />

training manual‟, as relevant to the WORK. Such training shall be completed prior to<br />

commencement of the WORK.<br />

Occupational Management and Working Environment<br />

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

years are employed on COMPANY‟s onshore and offshore mining installations.<br />

Medical Fitness / Fitness to Work<br />

E.9 Examination of medical Fitness to Work of PERSONNEL working offshore, shall be<br />

conducted in accordance with NOGEPA‟s “Guidelines for Medical Aspects of Fitness<br />

for Offshore Work” and COMPANY‟s “Protocols and Guidance Notes of Fitness to<br />

Work”.<br />

E.10 Any PERSONNEL visiting an offshore COMPANY WORKSITE shall be medically<br />

examined prior to travelling offshore. Such Medical Certificate is valid for two (2)<br />

years.<br />

E.11 CONTRACTOR shall, with regards to <strong>HSE</strong> matters, obtain support from certified<br />

experts in accordance with Dutch Arbo Law.<br />

Emergency Preparedness and Response<br />

E.12 Not withstanding the tasks of COMPANY Site Representative CONTRACTOR shall,<br />

when working on COMPANY WORKSITE, be responsible for the provision of first aid<br />

and for carrying out other emergency response provision ("Bedrijfshulpverlening<br />

(BHV)"), as stipulated by Dutch Arbo Law, towards CONTRACTOR‟s employees and<br />

third parties. This responsibility may only be deferred to others after written<br />

agreement, like in site specific work safety plans. CONTRACTOR shall ensure that<br />

PERSONNEL are assigned, trained and qualified to perform these tasks.<br />

WORK SPECIFIC<br />

Worksite <strong>HSE</strong> Coordination<br />

E.13 Not withstanding the <strong>HSE</strong> responsibilities of the CONTRACTOR the COMPANY<br />

WORKSITE Representative (LVP: “Lokatie Verantwoordelijke Persoon”) is<br />

responsible for <strong>HSE</strong> co-ordination at COMPANY WORKSITE (“VG coördinatie”). If<br />

applicable COMPANY develops a Safe Working Plan (WVP: “Werkveiligheidsplan”)<br />

that, as supplement to the worksite <strong>HSE</strong> Case (“VG Document”), details Health &<br />

Safety co-ordination at worksite. CONTRACTOR shall contribute to and comply with<br />

such WVP.<br />

<strong>HSE</strong> Incident Management<br />

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

for recording incidents and related information.<br />

Chemicals<br />

E.15 CONTRACTOR shall submit a “Veiligheidsinformatieblad” VIB (safety information<br />

sheet in the Dutch language), conform the REACH directive 1907/2006 when<br />

requesting permission to store, supply and/or use chemicals.<br />

E.16 CONTRACTOR shall submit up-to-date CEFAS templates to COMPANY, when<br />

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


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 24 of 39<br />

Radiation<br />

E.17 In case CONTRACTOR uses radioactive sources or radiation emitting devices, which<br />

are not owned by COMPANY, then CONTRACTOR shall have a valid permit (“KEW<br />

Vergunning”) as required under the Dutch Nuclear Energy legislation<br />

(“Kernenergiewet”). CONTRACTOR shall confirm to COMPANY in writing that all<br />

requirements, as defined in the “KEW Vergunning” have been fulfilled.<br />

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

devices exceeding KEW defined exemption levels that are not explicitly covered by<br />

the related specific “KEW Vergunning”.<br />

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

article E.17, is available on worksite at the start and for the duration of the work.<br />

E.20 CONTRACTOR shall assign a coordinator who acts as a day-to-day focal point for<br />

COMPANY‟s radiation experts.<br />

E.21 CONTRACTOR shall contact COMPANY‟s radiation experts as early as possible to<br />

meet the ALARA (As-Low-As-Reasonably-Achievable) principle for radiation.<br />

E.22 CONTRACTOR shall perform the work in accordance with COMPANY standard NSS-<br />

00-G-0-21, i.e. CONTRACTOR shall assure that the application is covered in a<br />

written COMPANY Internal Permission for the planned activities in agreement with<br />

chapter 6.5 of NSS-00-G-0-21. CONTRACTOR shall work in accordance with<br />

COMPANY‟s REG Work Instructions (“SBD Werkinstructies”).


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 25 of 39<br />

SECTION VI PART F – SHELL E & P IRELAND LIMITED SPECIAL <strong>HSE</strong><br />

CONDITIONS<br />

Drafting note:<br />

Include the following local country specific clauses as appropriate the intended geographical<br />

coverage of the contract.<br />

If in doubt contact your local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist.<br />

Note that some articles shall be included only in case these are relevant. These are headed<br />

by: “[Conditional article delete when not relevant]”<br />

Leave out clauses that are not relevant to the scope of the contract (after consulting your<br />

local <strong>HSE</strong> <strong>Contract</strong>or Mgt Specialist and/or relevant Expertise Holder).<br />

This section contains requirements that are applicable for Ireland and shall be read in<br />

conjunction with Section VI Part A and Part B.<br />

Management of <strong>HSE</strong><br />

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

and Environmental management. The CONTRACTOR shall ensure that this quality is<br />

a key requirement during the selection of line managers, supervisors and key support<br />

personnel. The CONTRACTOR‟s senior management shall ensure that they<br />

demonstrate a visible commitment to health, safety and environmental management.<br />

The CONTRACTOR‟s shall ensure that all Management and Supervision roles and<br />

responsibilities reflect that health, safety and environmental management is a line<br />

management responsibility, supported and assisted by specialist advisors where<br />

required.<br />

F.2 The CONTRACTOR‟s shall ensure adequate systems; arrangements and resources<br />

have been put in place to comply with Irish HS&E legislation applicable to the works<br />

being undertaken in this contract. This shall include, but not be limited to having a<br />

Statutory Safety Statement, which is applicable and adequate to the works being<br />

undertaken in this contract. The Safety Statement shall be revised at least annually or<br />

more frequently to reflect any changes in workplace hazards to which the<br />

CONTRACTOR‟s employees may be exposed. The Safety Statement must be<br />

provided to anyone who may be affected by the CONTRACTOR‟s work activities.<br />

F.3 The CONTRACTOR shall develop a site-specific <strong>HSE</strong> Management Plan document<br />

that shall outline the following <strong>HSE</strong> management elements as a minimum:<br />

i) <strong>HSE</strong> Management System.<br />

ii) <strong>HSE</strong> Programme.<br />

iii) Environmental Management standards and management<br />

arrangements relevant to the works being undertaken in this contract.<br />

iv) Arrangements for identifying and managing risk.<br />

v) <strong>HSE</strong> Management interface arrangements.<br />

vi) Site training and competency arrangements.<br />

vii) Site rules, including traffic management plans.<br />

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

CONTRACTOR shall ensure a behaviours intervention process is being actively<br />

implemented onsite and that all supervisors and personnel engaged in the WORK are<br />

adequately briefed or trained in its use. The CONTRACTOR shall encourage all<br />

personnel engaged in the work to participate in the intervention process.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 26 of 39<br />

F.5 All personnel are accountable for their own safety and the safety of others affected by<br />

their work. The CONTRACTOR shall have a formal process in place that rewards<br />

personnel for their contribution to a proactive safety culture and arrangements in<br />

place to coach and/or discipline personnel who commit safety violations.<br />

F.6 Workforce involvement in health, safety and the environment should be encouraged<br />

at all times. The CONTRACTOR shall put in place a formal process for electing or<br />

nominating workforce representatives for health and safety and for the environment.<br />

This process shall, as a minimum, comply with local legislative requirements.<br />

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

CONTRACTOR or their subcontractors is adequately managed to the standards<br />

detailed in COMPANY‟s Road Transport <strong>HSE</strong> Standards EP 2005-0261. Where the<br />

requirements detailed in these standards cannot be met the CONTRACTOR shall<br />

bring it to the attention of the COMPANY for review prior to the commencement of<br />

any road transport activities.<br />

<strong>HSE</strong> Management System<br />

F.8 The CONTRACTOR <strong>HSE</strong> management system shall follow the principles outlined in:<br />

i) Ireland-Health and Safety Authority (HSA) Publication “ Workplace Health<br />

and Safety Management”, or<br />

ii) UK Health & Safety Executive‟s document HS (G) 65 “Successful Health<br />

& Safety Management”, or<br />

iii) the E&P Forum document 6.36/210 “Guidelines for the Development and<br />

Application of Health, Safety and Environmental Management Systems”,<br />

or<br />

iv) British Standard BS8800: 1996 “Guide to Occupational Health and Safety<br />

Management Systems”, and<br />

v) ISO 14001 “Environmental Management Systems”.<br />

F.9 The COMPANY will assess the CONTRACTOR‟s <strong>HSE</strong> management system<br />

checklists from Ireland-Health and Safety Authority (HSA) Publication “Workplace<br />

Health and Safety Management” or OGP (The International Association of Oil & Gas<br />

Producers) “<strong>HSE</strong> Management – guidelines for working together in a contract<br />

environment”.<br />

<strong>HSE</strong> Programme<br />

F.10 This <strong>HSE</strong> Programme shall be included in the Site Specific <strong>HSE</strong> Management Plan.<br />

Minimum Environmental Standards<br />

F.11 The CONTRACTOR shall ensure that the following COMPANY‟s Minimum<br />

Environmental Standards applicable to this contract are in place and maintained:<br />

a) Have an accredited Environmental Management System (EMS) or have a<br />

documented EMS, which complies with the principles of ISO 14001.<br />

b) EU standard Material Safety Data Sheets (SDS) and COSHH sheets for<br />

chemicals, chemical selection and use in operations.<br />

c) Environmental incidents and near misses must be reported to COMPANY<br />

and investigated accordingly.<br />

d) Spill containment related to oils, fuels and chemicals.<br />

Chemicals<br />

F.12 The CONTRACTOR shall submit the chemical handling; storage and disposal<br />

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


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 27 of 39<br />

F.13 The CONTRACTOR shall ensure adequate equipment; arrangements and resources<br />

are made available to prevent chemical and fuel/oils spillage to sea; watercourses or<br />

the ground. And in the event that chemicals, fuels or oils are inadvertently spilled<br />

adequate containment and recover measures must be in place.<br />

F.14 CONTRACTOR shall comply with the COSHH regulations for all tasks employing the<br />

use of hazardous chemicals.<br />

F.15 CONTRACTOR supplying chemicals for offshore activities shall submit to COMPANY<br />

Material Safety Data Sheets for approval by the Petroleum Affairs Division.<br />

Waste Disposal<br />

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

waste management cycle process.<br />

F.17 The CONTRACTOR shall ensure a waste segregation and minimisation system is in<br />

operation at each storage site.<br />

Occupational Health Management<br />

F.18 The CONTRACTOR shall ensure that the following COMPANY‟s Health Management<br />

Standards applicable to this contract are in place and maintained.<br />

a) Health Risk Assessments shall be carried out and controls put in place to<br />

reduce the health effects on workers.<br />

b) Monitoring of health performance and Incident reporting and investigation<br />

relating to Occupational Illnesses.<br />

c) Product Stewardship duties - The necessary information and advice to<br />

minimise health risks are to be provided to employees, CONTRACTOR and<br />

customers.<br />

d) Fitness to Work standards and procedures shall be in place.<br />

e) Plans are to be in place for local medical emergencies and medical facilities.<br />

These must be to the COMPANY standards.<br />

F.19 The CONTRACTOR shall outline the Occupational Health Risk Assessments related<br />

to the works being undertaken in this contract, in the Site-specific <strong>HSE</strong> Management<br />

Plan.<br />

Medical Fitness<br />

F.20 The CONTRACTOR shall ensure that the required numbers of trained First Aid<br />

personnel and first aid equipment is onsite, as required by Irish legislation and<br />

COMPANY‟s Minimum Health Management Standards.<br />

F.21 The CONTRACTOR shall be required to facilitate health and hygiene inspections on<br />

an agreed frequency by the COMPANY Occupational Health specialist.<br />

F.22 In the event that food is being processed, supplied or consumed onsite, the<br />

CONTRACTOR shall comply with COMPANY‟s “Health Guidelines for Catering”<br />

standards.<br />

<strong>HSE</strong> Incident Management<br />

F.23 The CONTRACTOR shall use the COMPANY incident definitions and Risk<br />

Assessment Matrix criteria to define incidents and near misses.<br />

F.24 In the event that an incident or dangerous occurrence takes place as defined by the<br />

regulations, the CONTRACTOR shall discharge his legal responsibilities and submit a<br />

copy of the statutory notification to the COMPANY.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 28 of 39<br />

F.25 Where the COMPANY deems that an incident or near miss has occurred that has a<br />

significant potential or lateral learning potential the CONTRACTOR shall be required<br />

to present the investigation and subsequent findings to the COMPANY at an Incident<br />

Review Panel (IRP).<br />

Training<br />

F.26 The CONTRACTOR shall provide to the COMPANY a training matrix outlining the<br />

training requirements applicable for the work undertaken in this contract.<br />

F.27 CONTRACTOR STAFF shall participate in COMPANY‟s <strong>HSE</strong> training schemes, as<br />

agreed between COMPANY and CONTRACTOR.<br />

Such training will be provided by COMPANY at no cost.<br />

All other costs resulting from such training will be for the expense of CONTRACTOR.<br />

Competence<br />

F.28 The CONTRACTOR shall ensure that adequate <strong>HSE</strong> professional support and advice<br />

is available within the CONTRACTOR‟s organisation. This support and advice must<br />

be as a minimum qualified to the NEBOSH Certificate in Health and Safety<br />

Management or equivalent level of competence. Where this level of <strong>HSE</strong><br />

Competence is not available in the CONTRACTOR‟s organisation, the<br />

CONTRACTOR must nominate a suitable <strong>HSE</strong> professional outwith the<br />

CONTRACTOR organisation that will satisfy the requirements of this clause. The<br />

name, proof of competence, scope of experience and proposed services to be utilised<br />

shall be submitted to the COMPANY for review prior to commencement of activities.<br />

Personal Protective Equipment (PPE)<br />

F.29 The CONTRACTOR shall comply with the COMPANY policy with respect to the use<br />

of Personal Protective Equipment onsite and shall ensure that the policy is fully<br />

enforced at all times.<br />

Substance (Ab)use<br />

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

under the influence of drugs, alcohol, natural stimulants or other similar intoxicating<br />

substances, other than for bona fide medical reasons, the CONTRACTOR shall have<br />

a system in place for the testing of the person and substance as detailed in the<br />

legislation.<br />

Security - Searches<br />

F.31 The COMPANY requires the CONTRACTOR and CONTRACTOR personnel to<br />

consent to the searching at any time by a representative of the COMPANY and under<br />

national laws and regulations of their person or of any article including, without<br />

limitation, any container, package, box, holdall, suitcase or vehicle which is in the<br />

possession or use of CONTRACTOR personnel on the COMPANY premises or<br />

offshore installation, or being transported or retained by the COMPANY on behalf of<br />

the CONTRACTOR or CONTRACTOR personnel.<br />

Security - Standards and Reviews<br />

F.32 The CONTRACTOR shall be required to comply with the relevant COMPANY security<br />

standards and procedures that are deemed appropriate for the type of location and<br />

work being carried.<br />

F.33 The COMPANY reserves the right to carry out a security review of the<br />

CONTRACTOR‟s premises from time to time, and where appropriate require<br />

improvement actions to be carried out


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 29 of 39<br />

Radiation<br />

F.34 In case CONTRACTOR uses radioactive sources, which are not owned by<br />

COMPANY, then CONTRACTOR shall have a valid permit (Registration) as required<br />

under the Radiological Protection Act 1991 and associated regulations.<br />

CONTRACTOR shall confirm to COMPANY in writing that all requirements, as<br />

defined in the “Registration” have been fulfilled.<br />

F.35 CONTRACTOR is not allowed to use any radioactive sources unless explicitly notified<br />

to the COMPANY Radiation Protection Supervisor in advance.<br />

F.36 CONTRACTOR who may work with Naturally Occurring Radioactive Material<br />

(NORM) at COMPANY WORKSITE shall have 'Local Rules' in place to meet the<br />

requirements of the Ionizing Radiation Regulations.<br />

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

F.34, and 'Local Rules' are available on worksite at the start and for the duration of<br />

the work.<br />

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

COMPANY‟s Radiation Protection Supervisors.<br />

F.39 CONTRACTOR shall assure that the work is also in accordance with COMPANY<br />

'Local Rules'.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 30 of 39<br />

SECTION VI – APPENDICES


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 31 of 39<br />

APPENDIX 1 – OVERVIEW OF <strong>HSE</strong> STANDARDS, <strong>HSE</strong> SPECIFICATIONS AND OTHER<br />

<strong>HSE</strong> REQUIREMENTS<br />

Drafting note:<br />

Please make sure that this list refers to (<strong>HSE</strong>) CMS requirements and other <strong>HSE</strong><br />

requirements applicable to the contract.<br />

You can use:<br />

The pick-list “<strong>Contract</strong> <strong>HSE</strong> requirements from CMS”,.<br />

The pick-list “<strong>Contract</strong> <strong>HSE</strong> requirements not part of CMS”<br />

Both to be provided by <strong>Contract</strong>or <strong>HSE</strong> Mgt Team<br />

IMPORTANT: Keep this restricted to requirements that are REALLY RELEVANT for this<br />

particular contract(or). Be complete but avoid ballast!<br />

If in doubt, contact the relevant Expertise Holders.<br />

Delete the empty headers.<br />

Doc no.<br />

Doc. Title<br />

Policies and Rules<br />

Use pick—list to determine relevant CMS docs<br />

<strong>HSE</strong> Management System<br />

Use pick—list to determine relevant CMS docs<br />

<strong>HSE</strong> Management System Interfacing<br />

Worksite <strong>HSE</strong> Co-ordination<br />

<strong>HSE</strong> Risk Management<br />

Region:<br />

UK Norw. NL Ireland<br />

Occupational Health and Working Environment<br />

Medical Fitness<br />

Environment<br />

Worksite <strong>HSE</strong> Co-ordination<br />

<strong>HSE</strong> Competency<br />

<strong>HSE</strong> Training<br />

<strong>HSE</strong> Communication & Reporting<br />

Incident Management<br />

Emergency Response<br />

Adverse Weather Working<br />

Alcohol and Drug Abuse<br />

Air Transport<br />

Behavourial Safety<br />

Benzene<br />

Chemicals<br />

Confined space<br />

Electrical safety<br />

Excavation<br />

Explosives<br />

Exposure to acute toxics


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 32 of 39<br />

Doc no.<br />

Doc. Title<br />

Food / drinking water safety<br />

Gasfreeing & Cleaning<br />

H2S<br />

Hot work<br />

Isolation of Plant<br />

Legionella<br />

Lifting & Hoisting<br />

Marine<br />

Medical Fitness / Fitness to Work<br />

Mercury<br />

Noise / Hearing Conservation<br />

Personal Protective Equipment (PPE)<br />

Radiation<br />

Refrigeration<br />

Road Transport<br />

Safe Workplace<br />

Safety Engineering<br />

Security / System security<br />

Stress<br />

Subcontractor Management<br />

Substance (Ab)use<br />

Underwater Operations<br />

Vibration<br />

Waste<br />

Working at Height<br />

Worksite Specific Key information<br />

Region:<br />

UK Norw. NL Ireland


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 33 of 39<br />

APPENDIX 2 – COMPANY<strong>HSE</strong> POLICY


20-Jan-04 Owner <strong>EPE</strong> HS&E<br />

Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 34 of 39<br />

APPENDIX 3 – COMPANY <strong>HSE</strong> GOLDEN RULES<br />

Shell Exploration & Production & <strong>HSE</strong> GOLDEN RULES<br />

COMPLY > INTERVENE > RESPECT<br />

You and I:<br />

Comply with the law, standards and procedures<br />

Intervene on unsafe or non-compliant actions<br />

Respect our neighbours


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 35 of 39<br />

APPENDIX 4 – COMPANY LIFE SAVING RULES<br />

1.5 cm<br />

Life-Saving Rules<br />

Work with a<br />

valid work<br />

permit when<br />

required<br />

Conduct gas<br />

tests when<br />

required<br />

Verify isolation<br />

before work begins<br />

and use the<br />

specified life<br />

protecting<br />

equipment<br />

Obtain<br />

authorisation<br />

before entering<br />

a confined<br />

space<br />

Obtain<br />

authorisation<br />

before overriding Protect yourself<br />

or disabling against a fall<br />

safety critical when working at<br />

equipment height<br />

1<br />

2<br />

3 4 5<br />

6<br />

7 8<br />

9 10<br />

11<br />

12<br />

Do not walk<br />

under a<br />

suspended<br />

load<br />

Do not smoke<br />

outside<br />

designated<br />

areas<br />

No alcohol or<br />

drugs while<br />

working or<br />

driving<br />

While driving, do<br />

not use your<br />

phone and do not<br />

exceed speed<br />

limits<br />

Wear your<br />

seat belt<br />

Follow<br />

prescribed<br />

Journey<br />

Management<br />

Plan


Incident data<br />

Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 36 of 39<br />

APPENDIX 5 – MONTHLY REPORTING CONTRACTOR <strong>HSE</strong> STATISTICS<br />

Reporting format<br />

CONTRACTOR shall report monthly <strong>HSE</strong> Statistics preferably using the following format.<br />

MS Excel template can be obtained from CONTRACTOR Representative.<br />

Reporting shall be restricted to WORK performed under the CONTRACT, but shall include<br />

SUBCONTRACTOR‟s activities.<br />

Example:<br />

<strong>Contract</strong><br />

Statistics<br />

Data<br />

<strong>HSE</strong> Performance of <strong>Contract</strong>or: XXXXXX<br />

Exposure hours<br />

No. of<br />

Fatalities<br />

No. of<br />

Permanent<br />

Total<br />

Disabilities<br />

No. of Lost<br />

Workday<br />

Cases<br />

No. of<br />

Restricted<br />

Workday<br />

Cases<br />

No. of<br />

Medical<br />

Treatment<br />

Cases<br />

No. of<br />

First<br />

Aid<br />

Cases<br />

Total number<br />

of env. nonconformance<br />

Total<br />

number of<br />

e-spills<br />

<strong>Contract</strong> No: XXXXX<br />

No. of Lost<br />

Time Injuries<br />

Total<br />

Recordable<br />

Cases<br />

Total<br />

Recordable<br />

Cases<br />

Frequency<br />

Comments:<br />

1. High risk contract<br />

2. High incidence during<br />

s/down<br />

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

JAN 334.000 0 0 1 0 1 1 0 0 1 2 6,0<br />

FEB 352.000 0 0 0 0 2 12 0 0 0 2 5,8<br />

MAR 310.078 0 0 0 0 4 5 0 0 0 4 8,0<br />

APR 370.034 0 0 2 0 1 8 0 0 2 3 8,1<br />

MAY 487.634 0 0 0 0 1 2 0 0 0 1 6,5<br />

JUN 324.566 0 0 0 0 0 1 0 0 0 0 5,5<br />

JUL 421.356 0 0 1 2 3 8 1 4 1 6 6,9<br />

AUG 0 0 6,9<br />

SEP 0 0 6,9<br />

OCT 0 0 6,9<br />

NOV 0 0 6,9<br />

DEC 0 0 6,9<br />

TOTAL 2.599.668 0 0 4 2 12 37 1 4 4 18 6,9<br />

<strong>HSE</strong> Improvement Activities<br />

Activity<br />

follow up<br />

BPR FIELD<br />

actions comments on follow-up<br />

1. Hand<br />

Reviewed materials<br />

campaigns Y Y and TRCF stats<br />

Hand injuries are reducing<br />

2. Competence<br />

Review of staff turnover<br />

and training<br />

TRCF reducing<br />

review Y Y<br />

3. Last minute<br />

risk analysis<br />

programme rollout<br />

Number of staff<br />

trained<br />

Well received by staff. Now used by<br />

contractor for non-Shell work as well<br />

<strong>HSE</strong> Performance<br />

20<br />

18<br />

16<br />

14<br />

12<br />

10<br />

8<br />

6<br />

4<br />

2<br />

0<br />

JAN FEBMARAPRMAYJUN JULAUGSEPOCTNOVDEC<br />

Month<br />

600.000<br />

500.000<br />

400.000<br />

300.000<br />

200.000<br />

100.000<br />

0<br />

E-spill<br />

E-nonc<br />

FAC<br />

MTC<br />

RWC<br />

LWC<br />

PTD<br />

FAT<br />

Exp. Hours<br />

TRCF<br />

Definitions<br />

‘Exposure Hours’<br />

The total amount of man-hours (office, onshore worksite, offshore, etc.) spent on WORK on<br />

the CONTRACT. This includes Subcontractor man-hours.<br />

‘Fatality (FAT)’<br />

A death resulting from a work related injury or occupational illness, regardless of the time<br />

intervening between the exposure or incident causing the injury or illness and the death.<br />

‘Permanent Total Disability (PTD)’<br />

Any work related injury that permanently incapacitates an employee and results in termination<br />

of employment.<br />

‘Lost Workday Case (LWC)’<br />

Any work related injury that renders the injured person temporarily unable to perform their<br />

normal work or restricted work on any day after the day on which the injury occurred. In this<br />

case any day includes rest day, weekend day, scheduled holiday, public holiday or<br />

subsequent day after ceasing employment."<br />

‘Restricted Work Case (RWC)’


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 37 of 39<br />

Any work related injury which renders the injured person temporarily unable to perform all, but<br />

still some, of their normal work on any day after the day on which the injury occurred.<br />

‘Medical Treatment Case (MTC)’<br />

Any work related injury that involves neither lost workdays nor restricted workdays, but which<br />

requires treatment by a physician or other medical specialist.<br />

Note that in case an MTC has been classed as LWC or LTI, reporting it as MTC shall be<br />

avoided.<br />

‘First Aid Case (FAC)’<br />

Any single treatment and subsequent observation of minor scratches, cuts, burns, splinters,<br />

etc. that do not normally require medical care by a physician. Such treatment and observation<br />

is considered First Aid Case even if provided by a physician or registered professional<br />

personnel.<br />

Note that FAC is not included into TRC.<br />

‘Lost Time Incidents (LTI)’<br />

The sum of injuries resulting in Fatalities, Permanent Total Disabilities and Lost Workday<br />

Cases, but excluding Restricted Work Cases, Medical Treatment Cases and First Aid Cases.<br />

LTI = FAT + PTD + LWC.<br />

‘Total Reportable Cases (TRC)’<br />

The sum of injuries resulting in Fatalities, Permanent Total Disabilities, Lost Workday Cases,<br />

Restricted Work Cases and Medical Treatment Cases, but excluding First Aid Cases.<br />

TRC = FAT + PTD + LWC + RWC + MTC.<br />

‘Total Reportable Case Frequency (TRCF)’<br />

TRCF = (TRC / exposure hours) x 1,000,000.<br />

‘Environment non-conformance (E-nonc)’<br />

This is the sum of environment incidents/non-conformances that have been reported within<br />

the company and/or to the National Regulating Authority. This includes breaches of<br />

regulations, permits and airborne emissions.<br />

‘Environmental Spills (E-spill)’<br />

For reporting purposes, a spill is the quantity of oil/chemical spilt (excluding sabotage related<br />

spills) for all spills that are equal to or larger than 0.1 tonne. A spill is defined as any<br />

unexpected loss to water or land of crude oil, condensate, feed stocks, intermediates,<br />

chemicals or process materials. This excludes any spillage, which is wholly contained and<br />

does not reach the receiving environment. Spills or discharges of Produced Water are<br />

excluded.


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 38 of 39


Shell UIE - <strong>HSE</strong> Conditions of <strong>Contract</strong> – Type ‘MAX’ Model – Rev. 11 – February 2010 Page 39 of 39<br />

APPENDIX 6 – CONTRACTOR EMERGENCY CONTACT DETAILS LIST<br />

As stated in article A.3.71 CONTRACTOR shall provide „<strong>Contract</strong>or Emergency Contact<br />

Details‟ list in the following, or similar, format.<br />

During the CONTRACT period CONTRACTOR shall inform COMPANY immediately of any<br />

changes to this list.<br />

CONTRACTOR<br />

<strong>Contract</strong>or company name<br />

Contact person<br />

Tel.no.<br />

(24hrs per day / 7 days per week)<br />

2 nd Tel.no. (24hrs per day / 7 days per week)<br />

Mobile no.<br />

(24hrs per day / 7 days per week)<br />

2 nd Mobile no. (24hrs per day / 7 days per week)<br />

COMPANY<br />

<strong>Contract</strong> Holder<br />

Ref. Indicator<br />

<strong>Contract</strong> Holder Tel.no.<br />

To be completed by COMPANY<br />

To be completed by COMPANY<br />

To be completed by COMPANY

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