Requirements for safety at work on the company grounds of SCHOTT AG and its affiliates associated companies with its registered seat in Germany
1. The contractor and his employees must follow the occupational health and safety regulations and accident prevention regulations while performing the services that they have been hired to provide.
2. The contractor is responsible for ensuring his own employees’ health and safety in his respective area of work.
3. In the event that the contractor is permitted to commission a subcontractor, the contractor must design his contractual relationship with the subcontractor in such a way that it corresponds to his relationship and contractual conditions with SCHOTT with respect to ensuring the safety and health of employees. Furthermore, the contractor must see to it that SCHOTT can enforce its rights contained in these Requirements for safety at work also against the subcontractor.
4. The contractor is to provide SCHOTT with the name of the person responsible for ensuring its employees’ health and safety in writing. This person, the so-called work supervisor, must be in a position to issue instructions to the contractor's employees and, in the event that he is entitled to hire subcontractors, the subcontractor’s employees. He must be present when the services are actually rendered and have a sufficient command of the German language, both spoken and written.
5. The contractor obligates himself to follow the respective “Safety rules for external persons” [Sicherheitsregeln für Betriebsfremde] at the respective site. SCHOTT will provide the contractor's work supervisor with these rules before work begins.
6. The contractor is not permitted to begin working until after SCHOTT has informed the contractor's work supervisor of the on-site circumstances. If no briefing takes place, the contractor is to inform the department of SCHOTT that commissioned the work of this fact immediately.
7. Before he starts performing his work, the contractor is obliged to instruct his employees on health and safety at work (paragraph 12, Occupational Safety Act [Arbeitsschutzgesetz, in the following: ArbSchG]). This also includes instructing them on the local applicable “Safety rules for external persons” (See paragraph 5).
8. SCHOTT is entitled to assure itself that the contractor's employees have received appropriate instructions regarding the safety and health risks that might occur during their work at SCHOTT in accordance with paragraph 8, section 2 of the Occupational Safety Act [ArbSchG]).
9. If a coordinator needs to be appointed in accordance with the relevant occupational safety regulations (especially paragraph 6, section 1 of the German Institution for Statutory Accident Insurance and Prevention Regulation A1 [BGV A1], paragraph 3, section 1 of the German Construction Site Ordinance [Baustellenverordnung], paragraph 15, section 4 of the German Ordinance on Hazardous Substances [Gefahrstoffverordnung, in the following GefahrStoffV], etc.), SCHOTT is entitled to appoint this person.
The coordinator is authorized to issue instructions to the contractor's employees so as to avert special hazards. Nevertheless, the coordinator does not relieve the contractor from his obligation to supervise his employees.
10. In accordance with paragraph 8 of the Occupational Safety Act [ArbSchG], the contractor is to cooperate with other contractors respectively subcontractors of SCHOTT in the performance of the health and safety protection measures.
11. The contractor is not permitted to bring any hazardous substances which fall under the German By-Law on Hazardous Substances [GefStoffV] onto SCHOTT’s company grounds unless SCHOTT has agreed to this in writing.
The contractor has the obligation to submit the notifications to the authorities necessary in accordance with the German Ordinance on Hazardous Substances [GefStoffV] and to inform SCHOTT of this immediately.
12. The contractor shall see to it that his employees have the following documents available at the site and are able to present them to SCHOTT immediately if asked to do so:
Documents containing the results of the hazard assessment and the occupational safety measures to be taken in accordance with paragraph 6 of the Occupational Safety Act [ArbSchG].
Certificates of necessary qualifications (a welding license, for example) and competences (authorization to work under voltage, for example).
Medical Certificates that confirm the necessary occupational health checkups.
13. SCHOTT is entitled to verify that the occupational health and safety regulations, accident prevention regulations and the “Safety rules for external persons” are observed and to conduct the necessary inspections at any time it chooses.
14. SCHOTT is also entitled to hire third parties to perform the verifications and inspections as described in these Requirements for safety at work.
15. SCHOTT is entitled to require that work be stopped in the event that it discovers that the contractor is violating the regulations that pertain to occupational health and safety or the “Safety rules for external persons” until these violations cease to occur. The contractor is responsible for any delays this causes in rendering the respective services and any consequences that this might have.
Furthermore, SCHOTT will apply the following escalation model in the event of repeat violations by the contractor:
Phase 1: A warning will be issued to the contractor's work supervisor.
Phase 2: SCHOTT will hold a meeting with the contractor's management or representatives. Binding measures aimed at preventing future violations are to be defined during this meeting.
Phase 3: Termination of the contractual relationship.
In individual cases, SCHOTT is entitled to deviate from the escalation model to deal with severe violations and take action directly following Phase 2 or 3 or to introduce measures of its own in order to prevent any further violations.