52.236-13 Accident Prevention
Source: FAR 52.236-13 on acquisition.gov
Contractors must proactively implement and maintain comprehensive safety measures on construction-related contracts, with immediate corrective action required for any safety violations, or risk work stoppage without compensation.
Overview
FAR 52.236-13, Accident Prevention, requires contractors performing construction, dismantling, demolition, or removal of improvements to maintain safe work environments and procedures. The clause mandates safeguarding public and government personnel, property, and equipment, as well as minimizing operational interruptions and controlling costs. Contractors must provide safety barricades, signs, and signal lights, comply with OSHA standards (29 CFR Part 1926 and 1910), and implement any additional safety measures required by the Contracting Officer. For Department of Defense contracts, compliance with the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) is also required. The Contracting Officer may order work stoppage if safety violations are not corrected immediately, with no entitlement to contract price or schedule adjustments. The clause must be flowed down to all subcontracts. Alternate I adds requirements for a written safety plan and pre-work safety meetings for long-duration or hazardous projects or those involving hazardous materials or operations on government facilities.
Key Rules
- General Safety Obligations
- Contractors must maintain safe work environments and procedures to protect people and property, avoid delays, and control costs.
- Specific Safety Measures
- Contractors must provide safety barricades, signs, signal lights, and comply with OSHA standards and any additional measures required by the Contracting Officer.
- DOD-Specific Requirements
- For DOD contracts, compliance with EM 385-1-1 is mandatory.
- Noncompliance and Corrective Action
- Immediate corrective action is required upon notification of noncompliance; failure may result in stop-work orders without compensation.
- Subcontractor Flowdown
- The clause must be included in all subcontracts.
- Alternate I (if applicable)
- Requires a written safety plan and pre-work safety meetings for hazardous or long-duration projects.
Responsibilities
- Contracting Officers: Monitor compliance, issue notices of noncompliance, and enforce corrective actions or stop-work orders.
- Contractors: Implement and maintain safety measures, comply with all applicable standards, respond immediately to safety notices, and flow down the clause to subcontractors.
- Agencies: Oversee contractor compliance and ensure safety standards are enforced.
Practical Implications
- This clause exists to prevent accidents, protect personnel and property, and ensure project continuity and cost control.
- Contractors must be proactive in safety planning and compliance, especially on hazardous or DOD projects.
- Failure to comply can result in work stoppages and no compensation for delays or costs incurred due to safety violations.
As prescribed in 36.513 , insert the following clause:
Accident Prevention (Nov 1991)
(a) The Contractor shall provide and maintain work environments and procedures which will-
(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;
(2) Avoid interruptions of Government operations and delays in project completion dates; and
(3) Control costs in the performance of this contract.
(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-
(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 ; and
(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.
(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.
(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.
(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.
(End of clause)
Alternate I ( Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:
(f) Before commencing the work, the Contractor shall-
(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and
(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.