CONSTRUCTION DIVISION MEMORANDUM

GENERAL SUBJECT: CONSTRUCTION SAFETY NUMBER: CD-96-13
  SUPERSEDES: CD-90-19
SPECIFICSUBJECT: MEMORANDUM OF UNDERSTANDING VIRGINIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS DATE: JUNE 28, 1996
  Original w/Signature on file in Construction Division
  C. F. GEE
  CONSTRUCTION ENGINEER
DIRECTED TO - DISTRICT ADMINISTRATORS  
The safety of VDOT and contractor personnel is a prime concernon all VDOT contract work. If personnel are continually beinginjured, seriously and sometimes fatally, we are not meeting ourobligations for providing a safe work place. A Memorandum ofUnderstanding with the Virginia Department of Labor and Industry (DLI) is this agency's way of reversing the trend of increasedinjuries and deaths within the work place.
VDOT and DLI have executed a Memorandum of Understandingoutlining how Virginia Occupational Safety and Health Standards,hereinafter referred to as Standards, will be administered oncontract work performed for the agency.
The project diary will still be used to document the actionstaken when safety problems or violations of Standards occur oncontract work.
It is the responsibility of VDOT personnel to adhere to andenforce the provisions of the Memorandum of Understanding. Anyquestions regarding the provisions of the Memorandum ofUnderstanding or its implementation should be directed to theDepartment's Office of Employee Safety and Health. These are themajor points of the Memorandum of Understanding:
Immediately Dangerous To Life and Health
Where there is a situation that is immediately dangerous tolife and health (IDLH) to any person within the boundaries ofVDOT contract work, VDOT will notify affected personnel of thehazard, and will use the provisions of the contract to have thehazard corrected immediately. If the contractor fails to correct theproblem or if the problem is repeated, a shutdown shall be issuedand a referral made to DLI through the Department's Office ofEmployee Safety and Health for an inspection and enforcement ofthe standards, as applicable.
Violations of Standards Exposing VDOT Employees To A SafetyHazard
VDOT employees shall not expose themselves to the hazard whilethere is a violation of the Standard. Violations of Standardsexposing VDOT employees to a safety hazard will be brought to thecontractor's attention and the provisions of the contract will beused to have the violation corrected.
If the contractor refuses to correct the violation orcontinues to violate the Standards, the violation shall bereferred to DLI through the Department's Office of EmployeeSafety and Health.

Violations of Standards Not Exposing VDOT Employees To ASafety Hazard or Not An Immediate Danger To Life And Health

Violations of Standards not exposing VDOT employees to asafety hazard shall be brought to the contractor's attention. Thecontractor will be given five (5) work days to correct theviolation. If the contractor does not believe the operations arein violation of the Standards or does not correct the violation;a referral will be made to DLI through the Department's Office ofEmployee Safety and Health for an inspection and enforcement ofthe Standards, as applicable.
Referral to DLI for apparent violations of Standards will bemade by VDOT's Office of Employee Safety and Health. Therefore,project or residency personnel shall contact the Office ofEmployee Safety and Health for referrals in the above situations.DLI will notify the Office of Employee Safety and Health of thedisposition of each referral. All actions, reviews, inspectionsand discussions shall be documented in the Project Diary.
   
KHA:rg