Agmt 2003 Union Pacific Railroad Company

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Cop`.' ctor's Right of Entry ExD 07/30/01 ~'ormpproved - AVP Law (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements, (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed Contractors must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. The Contractors will also receive special instructions relating to the work zone around machines cmd m;n;mum distances .between machines while working or traveling. N. Equipment A It is the responsibility of the Contractor to ensure that all equipment fs in a safe condition #o operate. If, in the opinion of the Railroad Representative, any of the Contractor's equipment is unsafe for use, the Contractor shall remove such equipment from the Railroad's property. In addition, the Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with afirst-cdd kit, fire extinguisher, and audible back-up roaming device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty- five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A The Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. The Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including C7i-Track Safety) and the potential hazards of the job. If airy employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by the Contractor meets the minimum safety requirements established by the Federal .Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. . (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. H:WATA~F'awtiles~Agreemenl Fo[ms\Aoacl Crossing page 2 of 2 Exlibit D Forms~puhlic Aoad Crassuig Agreemenl.doc