Safety Management Program

Safety Management Program

Client Name:    Client Address:

Service Provider Name:    Provider Address:

Program Title:    Effective Date:

Recitals

WHEREAS, Client operates facilities and activities that expose employees, contractors, visitors or property to occupational hazards and seeks to implement a comprehensive safety management program to reduce risk and comply with applicable obligations; and

WHEREAS, Service Provider is qualified to develop, implement and administer safety management systems, to perform risk assessments, training, audits and incident investigations, and Client desires to engage Service Provider to provide the safety management services described in this Program under the terms set forth herein; and

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Safety Management Program, the parties agree as follows.

1. Scope of Work

Risk Assessment    Training Program    Inspection Schedule    Incident Response Procedures

2. Program Objectives

3. Roles and Responsibilities

4. Risk Assessment & Hazard Identification

5. Training & Competency

6. Incident Reporting & Investigation

7. Personal Protective Equipment & Controls

8. Audits, Inspections & Continuous Improvement

9. Recordkeeping

10. Performance Metrics & Reporting

11. Payment Terms

Total Fee:    Billing Address:

All invoices unpaid after the due date shall accrue the late payment fee stated above and Client shall reimburse Provider for reasonable collection costs, including attorneys' fees, if applicable.

12. Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Program for material breach by the other if the breach is not cured within a reasonable cure period of not less than the notice period stated above. Termination for cause shall not relieve the terminating party of its rights to damages or other equitable relief.

13. Confidentiality

Each party acknowledges that, in the course of performance, it may receive Confidential Information of the other party. "Confidential Information" means information that is designated confidential or that, by its nature, should reasonably be understood to be confidential, including incident reports, medical information, investigative findings, and risk assessments. Recipient shall:

1. use Confidential Information solely to perform obligations under this Program;
2. restrict disclosure to employees, agents or contractors with a need to know and who are bound to maintain confidentiality; and
3. take commercially reasonable steps to protect Confidential Information from unauthorized disclosure.

Confidential Information does not include information that is or becomes publicly available through no fault of Recipient, is independently developed by Recipient without use of Confidential Information, or is required to be disclosed by law, provided Recipient gives prompt written notice and limits disclosure to the extent required.

Yes, this Program will involve sensitive personal or medical information

14. Insurance & Warranties

Service Provider represents and warrants that it maintains, at its expense, insurance coverages appropriate to the services provided, including workers' compensation, employer's liability and commercial general liability. Provider warrants that services will be performed in a competent and professional manner consistent with industry standards.

15. Governing Law

This Program shall be governed by and construed in accordance with the laws of the state of without regard to conflicts of law principles.

16. Entire Agreement & Amendments

This Safety Management Program, including all referenced attachments and exhibits executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, proposals or understandings. No amendment or modification shall be effective unless in writing and signed by authorized representatives of both parties.

17. Remedies; Limitation of Liability

Except for liabilities arising from willful misconduct or gross negligence, each party's aggregate liability under or in connection with this Program shall be limited to the total fees paid by Client to Provider under this Program during the twelve (12) month period preceding the claim. The parties agree that this allocation of risk is reflected in the fees and the parties' commercial arrangements.

18. Notices

All notices required under this Program shall be in writing and delivered to the addresses stated at the beginning of this Program or to updated addresses provided in writing. Notices shall be deemed given upon personal delivery, delivery by reputable overnight courier, or three (3) days after deposit in the U.S. mail, postage prepaid.

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