EM385 Compliance: Navigating Defense Contracting Safety Regulations
If you’re a contractor stepping into the world of government or military construction, you’ve probably encountered the acronym EM 385-1-1. Unlike OSHA, this stringent safety standard is tailored specifically for Department of Defense (DoD) projects. Understanding and implementing EM 385 regulations is critical to ensure compliance, win contracts, and, most importantly, keep workers safe.
In this blog, we’ll uncover what the EM 385-1-1 manual is, why it’s important, and what kind of training you need to work with government contracts.
What Is EM 385-1-1?
EM 385-1-1 is the U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual. It sets forth strict safety guidelines that contractors must follow when performing work on military or federally funded projects. Unlike OSHA, which sets minimum federal safety standards, EM 385-1-1 includes expanded protocols for hazard analysis, training, and safety planning, especially in high-risk environments.
Understanding EM 385 Standards
For nearly 35 years, the USACE's Safety and Health Requirements Manual has been in place. The most recent version of the EM 385-1-1 is the 2024 edition. It can be found on the USACE publications webpage. When it comes to contractors, the DoD directive requires all Military Departments to:
- Prevent accidental death, injury, or occupational sickness
- Apply instruction to all staff members at all operations worldwide with certain limitations
- Use risk management measures to prevent occupational injury or illness, as well as loss of mission capacity and resources both on and off the job
- Implement safety and occupational health (SOH) management systems in all military operations and activities
- Except for OSHA rules, apply this order to off-duty military personnel
EM 385-1-1 governs construction safety and health standards for government or military contracts, requiring contractors to meet federal and state requirements, undergo safety, quality, and environmental compliance courses, and be qualified to manage the contract, ensuring compliance with safety and health standards.
Common Challenges in EM385 Compliance
If your business is working with government facilities, you will need to be familiar with the EM 385 safety and health requirements. One of the most important requirements in EM 385 is for the contractor to develop a project-specific Accident Prevention Plan (APP).
APP plans, unlike OSHA, must be approved by a government-designated entity before work may commence. Each phase of the project requires its own APP to analyze hazards, develop control measures, and solve safety management concerns. This ensures a thorough review of potential dangers during each project phase.
The APP's complexity makes it a common point of error for people who are unfamiliar with or new to operating under EM 385 standards. EM 385, on the other hand, includes stricter technical provisions than OSHA standards.
The level of emphasis that EM 385 spends on staff training and job site inspections indicates that EM 385 considers these two factors to be essential to preventing accidents and keeping workers safe.
In addition to technical requirements that are more stringent than OSHA standards, EM 385 includes a few requirements that are not even covered by OSHA regulations. These include all-terrain vehicle operating, cumulative trauma prevention, and lockout/tagout.
The strict requirements of EM 385 might require a major change, even though you may feel comfortable following OSHA standards. That is where training becomes valuable. It will not only help you avoid costly mistakes that might jeopardize your contract, but it will also fully prepare you and your staff to be EM 385 compliant.
Best Safety Practices
Contractor safety within the DoD has grown in importance and complexity. Contractors are employed in various professions, including high-risk operations, and often work alongside military and government civilian staff. The goal of EM 385 is to enable DoD contracting, legal, safety, and occupational health experts to efficiently manage contractor safety and occupational health programs to minimize risks.
The contractor's SOH responsibilities are as follows:
- Ensure the contractor and their employees' safety
- Ensure compliance with all relevant federal, state, and local rules and standards, including SOH standards, as well as any additional contract-mandated requirements
- Protect the public and government property within the contract work area
- All incidents must be investigated and reported
Prime contractors are responsible for ensuring that subcontractors follow SOH requirements and are aware of any SOH hazards, precautions, and procedures.
When the contracting officer becomes aware of any noncompliance with contract SOH requirements or any condition that poses a significant or imminent threat to the health or safety of the general public or government workers, the contracting officer must:
- Inform the contractor
- Follow-up with a written confirmation
- Request that corrective action be taken right away.
- If a contractor fails to take corrective action, the contracting officer may suspend the work until the necessary corrective action is completed, or request the contractor's removal from the installation and termination for cause.
Who Needs EM 385 Training?
EM 385-1-1 training is mandatory for any personnel involved in military construction projects, especially prime and subcontractors working on U.S. Army Corps of Engineers or Naval Facilities Engineering Systems Command (NAVFAC) contracts. Supervisors, site safety officers, and workers may require different training durations, from 8-hour refreshers to the full 40-hour version.
Our EM 385-1-1 Training Courses
Training requirements vary based on the role of the person receiving training. Collateral Duty Safety Officers require the 24-hour EM 385-1-1 training course every four years, while a 16-hour introductory course can meet most other requirements and is the quickest and most cost-effective method for military project personnel.
Our courses are intended to help workers and supervisors understand the purpose of the EM 385-1-1 safety manual while also providing them with the knowledge and skills necessary to follow it. It addresses the most important and applicable issues. Users will discover how to establish safety procedures, manage buildings and vehicles, and protect employees. It's thorough, educational, and easy to use. Our 16-hour, 24-hour, 40-hour, and 8-hour refresher training can all be found in our online training catalog!
