Frequently Asked Questions

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.

A Site Safety and Health Officer (SSHO) under USACE EM 385-1-1 is a contractor employee responsible for overseeing and carrying out the prime contractor's safety and occupational health program, and the manual defines three levels with different training and experience requirements (EM 385-1-1, 2-2.x). Level 2 and Level 3 SSHOs cannot be assigned to projects with a residual risk assessment code of high or extremely high.

Level 1. A Level 1 SSHO has full-time safety responsibility. The SSHO must complete OSHA 30-hour training, or equivalent training the contracting officer accepts with the local Safety and Occupational Health Office. The SSHO must have taken 24 hours of documented safety training within the past five years and must take 24 hours in each three-year period of the contract. The OSHA 30-hour course does not count toward the 24 hours. Five years of safety experience within the last ten years is required, or three years with a qualifying degree or accredited certification (EM 385-1-1, 2-3.b(1)).

Level 2. A Level 2 SSHO has collateral safety duties. The training rules match Level 1, and the experience requirement is three years within the last ten, or two years with a qualifying degree or certification (EM 385-1-1, 2-3.b(2)).

Level 3. A Level 3 SSHO is a designated qualified or competent person with the experience to identify hazards in the work (EM 385-1-1, 2-3.b(3)).

Duties. SSHOs must be present at the site of work with full mobility and access to major operations. Duties include daily inspections, a deficiency tracking system, accident and near miss reports on ENG Form 3394, safety orientation records, and signing ENG Form 6282. The contractor's corporate safety official designates SSHOs on that form (EM 385-1-1, 2-4.b and 2-4.f).

Training records. The FAQ on what compliance training is covers documentation. The FAQ on NIOSH and OSHA explains the agencies behind the OSHA course, and the FAQ on the DER role in a drug-free workplace covers a related contractor role.

The FAQ on EM 385-1-1 contractor applicability explains coverage, and the FAQ on activity hazard analyses covers planning.

An activity hazard analysis (AHA) under USACE EM 385-1-1 must be prepared and documented for field, laboratory, industrial and maintenance activities, and an initial AHA must be prepared before each work activity, task or definable feature of work begins (EM 385-1-1, 2-6.d). Paragraph 2-6 sets the contractor AHA requirements, and paragraph 1-6 sets the parallel rules for USACE personnel.

Contents. An AHA must identify the activity, location, date, preparer and acceptance authority. It must define the job steps, list the hazards of each step, and list the controls needed to reduce each hazard. Each step gets a risk assessment code (RAC) for the residual risk after controls, and the overall RAC must not be lower than the highest step RAC. The AHA must also list equipment, training and inspection needs, and required competent and qualified persons must be designated in writing. AHAs are written by competent persons.

Controls. Controls follow a hierarchy from elimination or substitution to engineering controls, administrative controls and then personal protective equipment (EM 385-1-1, 2-6.b).

Acceptance and review. Work that requires an AHA must not begin until the AHA with its RAC has been reviewed and accepted by the proper authority. USACE does not accept contractor risk through this review. Involved employees must review and sign the AHA. Job safety analyses and job hazard analyses are acceptable equivalents (EM 385-1-1, 2-6.c and 2-6.d).

Onsite copies and updates. AHAs must be available onsite for 12 months, and crews must have the current AHA while working. When the AHA is updated and the RAC increases, the AHA must be resubmitted for acceptance before work starts. ENG Form 6206 is a non-mandatory AHA format.

Related topics. Incident testing after an accident is covered in the FAQ on OSHA post-incident drug testing. Respirator selection appears in the FAQ on NIOSH-approved respirator requirements, and overlapping rules are covered in the FAQ on whether DOT employers are regulated by OSHA.

The FAQ on USACE Site Safety and Health Officers covers who inspects the work, and the FAQ on EM 385-1-1 contractor applicability covers coverage.