The first thing to note is that many EM 385 requirements closely parallel OSHA requirements, but with some notable differences. Differences include EM385 requirements for a written site-specific plans and the development of activity hazard analyses for various different activities.
If you have prevously developed these under the now superseded EM385 2014 Manual standard you will need to get updated on what has changed in the EM 385 2024 revision.
If you are a construction contractor and you are not across the U.S. Army Corps of Engineers’ (USACE) Engineers Manuals EM 385-1-1, you could find yourself in a lot of trouble if you engage in Department of Defense (DoD) construction projects.
This is especially true if a contracting officer or project manager deems your non-compliance with specific provisions of EM385 are contract violations.
If this happens work could be stopped until the deficiencies can be corrected. Penalties of $2,000 a day for being a week late in completing the job may be applied. A lot of time, and money could have been saved if you had initially met the requirements of EM-385.
EM 385 Contractor Safety
Most government contracts incorporate a number of federal acquisition regulation (FAR) clauses that describe routine requirements.
The clause that is most significant with respect to construction safety is FAR clause 52.236-13(c). This clause states that “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 U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 in effect on the date of the solicitation.”
Some Defense Department agencies may reject your contract bid as invalid if, upon request, you do not submit a written site-specific accident prevention plan that meets the requirements specified by EM 385.
Although many of the technical requirements of EM385 closely mirror OSHA’s construction standards in 29 CFR 1926, there are some significant differences.
The OSHA standards say little about safety management, EM 385 addresses safety management in more detail.
Two requirements of EM 385 that are noteworthy are:
- the requirements for a written, site-specific accident prevention plan, and
- the need to perform detailed activity hazard analyses that identify potential hazards posed by each phase of a construction project and identify the precautions the contractor will take to control those hazards.
In requiring contractors to abide by EM 385, the Defense Department is not assuming responsibility for ensuring the protection of construction workers. That responsibility rests clearly on the employer, as evidenced by section 5(a)(1) of the OSH Act of 1975.
The DoD interest in contractor safety focuses primarily on protecting its facilities and employees from hazards posed by contractors that adversely affect an agency’s personnel, facilities, mission, and in some extreme situations, compromise national security.
EM 385 Written Accident Prevention Plan
The most important provision of EM385 is the requirement for a written job-specific accident prevention plan.
A reprint of the minimum basic outline for this plan is provided at the end of this article.
The accident prevention plan required by EM 385 is a detailed, site-specific written plan that describes the management processes that will be used to prevent accidents from occurring on a specific construction project.
For example, note that Element 1, the signature sheet, requires the title, signature and phone number of the person who prepared the plan, the person who approved the plan and any individuals who concurred with the plan. This information will allow DoD contracting officers, project managers or safety specialists to identify specific company personnel that could answer questions concerning the plan or discuss implementation problems. Element 1 also requires that a certified safety professional or certified industrial hygienist approve plans related to hazardous, toxic and radioactive waste activities.
Element 7 of the plan, safety and health inspections, must specify who will perform job-site inspections and explain how the inspection findings will be documented, how deficiencies will be tracked and how follow-up inspections will be conducted.
Element 9, accident reporting, must address who, how and when information will be provided on exposure data such as man hours worked that can be used to evaluate safety performance, how major accidents will be reported, who will conduct accident investigations, and how and when reports and logs will be completed. Since the information must be job-specific, vague generic safety and health programs will not meet the job-specific requirements of EM 385.
Element 12 of the plan requires that a wide range of management plans and programs be implemented, including a program for prevention of alcohol and drug abuse.
EM385 Activity Hazard Analysis
Activity hazard analysis is a tactical guide. Section 01.A.09 states that “activity hazard analyses shall be prepared by the contractors performing the work activity.”
Section 01.A.09 further stipulates that “analyses will define the activity being performed and identify the sequences of work, the specific hazards anticipated and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level.”
The manual even includes a form that can be used to assist contractors in documenting their hazard analyses.
EM 385 vs OSHA Requirements
Many of the technical requirements of EM 385 are the same as those in 29 CFR 1926. For example:
- Both require that flexible electrical cords be a type approved for hard service use.
- Both require that moving parts of equipment and machinery be guarded, and that personal protective equipment be used to reduce the likelihood of injury.
EM 385 includes some more stringent technical provisions than CFR 1926.
In particular, the level of emphasis that EM 385 places on employee training and job site inspections suggests that EM 385 views these two elements as being critical for preventing accidents.
EM385 Employee Training
With respect to employee training, OSHA standard 29 CFR 1926.21(b)(2) provides the broad training requirement that “the employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.”
EM 385 imposes more rigorous training requirements. Specifically, element 6 of the accident prevention plan demands that a list of subjects that are discussed with employees during their safety indoctrination be provided.
EM 385 includes provisions for ongoing training, specifically section 01.B.03 which requires that “safety meetings shall be conducted to review past activities, plan for new or changed operations, review pertinent aspects of appropriate activity hazards analyses (by trade), establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.”
Section 01.B.03.a further stipulates that “meetings shall be conducted at least once a month for all supervisors on the project and at least once a week by supervisors or foremen for all workers.”
Section 01.B.03.b requires that “meetings shall be documented, including the date, attendance, subjects discussed and names of the individuals who conducted the meeting. Documentation shall be maintained and copies furnished to the designated authority on request.”
In regard to safety indoctrination, section 01.B.01 stipulates that employees shall be provided safety and health indoctrination and continuing safety and health training to enable them to perform their work in a safe manner. All training required by this manual shall be conducted by qualified persons.
Section 01.B.02 also requires that indoctrination and training be based on the safety and health program of the contractor or government agency, as applicable, and shall include but is not limited to:
- Requirements and responsibilities for accident prevention and maintaining safety and healthful work environments.
- General safety and health policy and procedures and pertinent provisions of this manual.
- Employees and supervisor responsibilities for reporting all accidents
- Provisions for medical facilities and emergency response and procedures for obtaining medical treatment or emergency assistance
- Procedures for reporting and correcting unsafe conditions or practices.
All contractors are required to complete EM 385 Certification
Initial training is usually EM385 40 Hour Training which is valid for one year. After expiry EM385 Refresher Training can be completed in the 8 hour course. You can find out more information on the requirements for 40 hour EM385 training.
EM 385 Job Site Inspections
OSHA standard 29 CFR 1926.20(b)(2) requires that contractors “provide for frequent and regular inspections of the job sites, materials and equipment to be made by competent persons designated by the employer” and 1926.32(f) defines a “competent person” as someone who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
In contrast section 01.A.08b of EM 385 stipulates that “contractor quality control personnel as part of their quality control responsibilities shall conduct and document daily safety inspections.”
Section 01.A.08.c requires that “identified safety and health issues and deficiencies and the actions, timetable and responsibility for correcting the deficiencies shall be recorded in inspection reports.”
It also requires that follow-up inspections to ensure correction of any identified deficiencies shall be conducted and documented.
EM385 Confined Spaces
EM 385 recognizes the severe hazard posed by entry into confined spaces, taking a far more assertive approach than that espoused by OSHA’s construction standards.
OSHA standard CFR 1926.21(b)(6)(i) requires that all employees required to enter into confined or enclosed spaces be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required.
EM385 Additional Requirements
In addition to technical requirements that are more rigorous than OSHA standards, EM 385 includes requirements that are not addressed by OSHA standards. These include operation of all-terrain vehicles, cumulative trauma prevention and lockout/tagout.
All Terrain Vehicles
Section 18.d of EM 385 requires that every ATV operator possess a valid state drivers license and have completed an ATV training course prior to operation of the vehicle. It also stipulates that only ATVs with four or more wheels are allowed, and that ATVs may only be driven during daylight hours.
Cumulative Trauma Prevention
Section 06.K of EM 385 addresses cumulative trauma prevention. Specifically, it stipulates that “work activities that require workers to conduct lifting, handling or carrying, rapid and frequent application of high grasping forces, repetitive hand-arm manipulations or whole body vibration and other physical activities that stress the body’s capabilities shall be evaluated to ensure the activities are designed to match the capabilities of the workers.”
Lockout/tagout
OSHA standard 29 CFR 1910.146 does not apply to construction, section 12 of EM 385 outlines requirements for the control of hazardous energy that are almost identical to those in the OSHA general industry standard. For example, paragraph 12.A.07 requires a hazardous energy control plan that includes hazardous energy control procedures, including a statement of the intended use of the procedures, means of coordinating and communicating hazardous energy control activities and procedural steps and responsibilities for shutting down, isolating, blocking and securing systems to control hazardous energy. Section 12.c also requires that daily inspections be conducted and documented to ensure that all requirements of the hazardous energy control procedures are being followed.
Sample Outline EM385 Accident Prevention Plan
Section Number | Section Title | Detail |
1 | Signature Sheet | Title, signature and phone number of the following:
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2 | Background Information | List the following:
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3 | Statement of Safety and Health Policy | In addition to the corporate policy statement, a copy of the corporate safety program may provide a significant portion of the information required by the accident prevention plan |
4 | Responsibilities and Lines of Authorities |
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5 | Subcontractors and Suppliers |
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6 | Training |
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7 | Safety and Health Inspections | Provide details on:
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8 | Safety and Health Expectations, Incentive Programs and Compliance. |
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9 | Accident Reporting | The contractor shall identify who shall complete the following, how and when:
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10 | Medical Support | Outline on-site medical support and off-site medical arrangements. |
11 | Personal Protective Equipment | Outline procedures (who, when, how) for conducting hazard assessments and written certifications for use of personal protective equipment. |
12 | Plans (Programs, Procedures) Required by the Safety Manual |
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13 | Additional Information | The contractor shall provide information on how they will meet the requirements of major sections of EM 385-1-1 in the accident prevention plan. Particular attention shall be paid to excavations, scaffolding, medical and first aid requirements, sanitation, personal protective equipment, fire prevention, machinery and mechanized equipment, electrical safety, public safety requirements, and chemical, physical agent and biological occupational exposure prevention requirements. Detailed site-specific hazards and controls shall be provided in the activity hazard analysis for each phase of the operation. |
