Does USACE EM 385-1-1 Apply to Contractors?

USACE EM 385-1-1 applies to USACE contracts and those administered on behalf of USACE, and FAR clause 52.236-13 requires contractors on Department of Defense construction, dismantling, demolition or removal contracts to comply with the latest version of EM 385-1-1 in effect on the date of solicitation (48 CFR 52.236-13(c)). The edition cited here is dated March 15, 2024.

Who is covered. The manual covers USACE headquarters, districts and other elements, USACE contracts and contracts administered on behalf of USACE, and contractor personnel at a USACE site of work. Maintenance, service, research and development, supply and hazardous waste site contracts must also comply unless the scope is extremely limited (EM 385-1-1 preamble, paragraphs 2 and 5.b).

Which edition. Contractors must follow the edition, including interim changes, in effect on the solicitation date. Existing contracts continue under the prior edition until completion. Where the manual and other laws differ, the most stringent requirement governs.

FAR clause duties. The contractor must comply with 29 CFR Parts 1926 and 1910, provide barricades, signs and signal lights, and take added measures the contracting officer finds reasonably necessary. When the contracting officer finds noncompliance or a serious or imminent danger, the contractor must take corrective action immediately, and the contracting officer may stop part or the whole of the work with no price adjustment. The clause must flow down to subcontracts (48 CFR 52.236-13(b), (d) and (e)).

Drug and alcohol rules. Employees must not use or be under the influence of alcohol or similar substances while on duty. Supervisors must enforce drug-free workplace requirements and immediately remove employees found under the influence from the site of work (EM 385-1-1, 2-4.a and 2-4.e).

OSHA overlap. The FAQ on whether DOT employers are regulated by OSHA explains overlapping safety rules. Program elements are covered in the FAQ on drug-free workplace program components.

The FAQs on USACE Site Safety and Health Officers and on activity hazard analyses cover staffing and planning.