benefit funds at anytime and from time to time to disclose to Contractor the status of whether such obligations are current and amounts due and to become due; and (ii) Contractor to pay directly Subcontractor's wages or fringe benefit obligations to the payee to the extent such obligations relates to the Project without any obligation of Contractor to do so. (c) Subcontractor shall employ an experienced competent superintendent present at the Project site at all times when Subcontractor is performing Subcontractor's Work. Subcontractor shall remove from the Project any employee of Subcontractor or Subcontractor's subcontractors or suppliers of any tier who Contractor determines to be detrimental to the Project, including, without limitation, Subcontractor's superintendent(s) or foremen. The removal of a superintendent or other employee shall not entitle Subcontractor to any additional compensation. 25. SAFETY & HEALTH. (a) The prevention of accidents and injuries shall be of primary concern to Subcontractor and its subcontractors of any tier in all work activities. Subcontractor and its subcontractors of any tier shall maintain a safe and healthful work environment in accordance with each subcontractor's company-wide written Safety Program and written Project site-specific safety plan, ensuring compliance with all applicable federal, state and municipal health and safety statutes, rules, regulations and interpretations and as amended as well as those of Contractor and Owner. Within five (5) days after Notice of Award, but not later than fifteen (15) days prior to start of activities on the project, Subcontractor shall submit a copy of Subcontractor's Safety Program and Project site-specific safety plan together with the name and experience of Subcontractor's on-site safety representative. Subcontractor's Safety Program shall include a safety and health policy providing detailed disciplinary action to be taken with respect to employees violating safety and health requirements. Subcontractor agrees to comply with the Occupational Safety and Health Act of 1970, as later amended, in the performance of Subcontractor's Work, and further agrees to abide by and comply with all regulations issued under that Act. Subcontractor agrees to comply with the Hazard Communication Standard (29 CFR 1926.59) and to provide to Contractor at the address listed above referencing the project name and number, all applicable Material Safety Data Sheets ("MSDS") required pursuant to that Standard for the proper performance of the Subcontractor's obligation. In addition to safety and health requirements imposed by law, Subcontractor shall comply with any and all safety and health requirements imposed by Contractor and will conduct operations in a safe and healthy manner. In the event Subcontractor is cited for violations of the Occupational Safety and Health Act, the Hazard Communication Standard or any other safety or health statute, rule, regulation or interpretation, Subcontractor shall be responsible for all penalties assessed against Subcontractor. In the event Contractor is cited or penalized due to the Subcontractor's actions or failure to comply with the Occupational Safety and Health Act, the Hazard Communication Standard or any other safety or health statute, rule, regulation or interpretation or Subcontracto r’s actual or alleged failure to operate safely, or in a healthy manner, Subcontractor shall indemnify, defend and hold Contractor harmless from any costs, expenses, suits, penalties, fines or damages (including attorneys'and consultants'fees and costs) arising from any such citations or penalties or actual or alleged failure to operate safely or in a healthy manner and such sums may be deducted from amounts otherwise due under the Subcontract and are otherwise payable on demand. Subcontractor shall not be held liable for violations by Contractor provided the Subcontractor itself has no liability. Contractor may conduct safety and health inspections from time to time but Contractor shall have no responsibility for maintaining site safety and health. Such inspections shall not relieve Subcontractor from Subcontractor's obligations to adhere to safety and health requirements nor shall such inspections create any Contractor liability. Subcontractor, not Contractor, shall have full and sole responsibility for the safety and health of Subcontractor's means, methods and instrumentalities. Subcontractor shall attend the weekly project safety meetings. (b) If Subcontractor intends to supply any power-operated equipment that can hoist, lower and horizontally move a suspended load such as, without limitation, a crane of any type, Subcontractor shall comply strictly in all respects with 29 Code of Federal Regulations part 1926, Subpart CC, Cranes and Derricks in Construction, 29 CFR 1926.1400 et seq. (2010) and, Subcontractor acknowledges and agrees that Subcontractor assumes all obligations of “controlling entity” regarding requirements for ensuring appropriate ground conditions exist and appropriate supporting materials are used under 29 CFR 1926.1402. (c) Subcontractor and Subcontractor’s employees and those of any tier shall abide strictly to the following industry standard basic safety rules but compliance with such Safety Rules does not limit Subcontractor's obligation to perform the Subcontract Work in a safe manner. 1. All incidents and injuries, no matter how minor, must be reported to your supervisor immediately. Subcontractor shall forward the Incident/Accident Report to Leopardo's Superintendent within 24 hours of the occurrence. 2. Horseplay, practical jokes, drinking of alcoholic beverages or ingesting or being under the influence of any illegal or those prescription drugs that adversely affect performance are grounds for dismissal. 3. All personnel, including visitors, shall wear an approved (ANSI-Z89.1-1986) hard hat at all times during working hours. 4. All leather work shoes, with reinforced slip resistant soles, shall be worn at all times. No loose clothing or
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