Government Contracts and EM 385

If your business is aiming for a government contract, you’ve likely come across the term EM 385-1-1. This safety manual isn’t just another set of rules to follow - it’s actually a critical requirement for many projects involving the Department of Defense or the U.S. Army Corps of Engineers. From creating safety plans to training your workforce, compliance with EM 385 ensures a safer, more efficient worksite.

In this blog, we’ll break down what you need to know about EM 385 and how it impacts government contracts.

What Is EM 385-1-1?

EM-385 is the code for the US Corps of Engineers' safety and health requirements, which are developed and regularly updated and are intended to regulate Department of Defense projects.

EM 385 closely resembles the Occupational Safety and Health Administration (OSHA), which is not surprising given that both rules are intended to enhance worker health and safety. However, on government or military construction projects, the regulations of the Corps of Engineers take precedence over OSHA requirements. Anyone working on government or military projects must understand and adhere to these safety rules.

What Is EM 385 Training?

EM 385-1-1 Training is designed to educate workers, supervisors, and safety professionals about the safety requirements outlined in the manual. This training ensures that individuals working on USACE projects are aware of potential hazards, safety procedures, and emergency response plans.  

Different levels of EM 385-1-1 training are available:

• 16-hour course: Basic level training for workers.  
• 24-hour course: Intermediate level training for supervisors and managers.  
• 40-hour course: Advanced level training for safety professionals and those responsible for developing and implementing safety programs.  
• 8-hour course: Refresher training to satisfy annual requirements for Site Safety Health Officers (SSHOs).

By completing EM 385-1-1 training, individuals can help prevent accidents, injuries, and fatalities on USACE projects.

Key Differences Between EM 385 and OSHA Standards

While both EM 385 and OSHA aim to ensure workplace safety, there are some key differences between the two:  

Scope and Application:

• OSHA: Applies to most private sector workplaces in the United States, including construction sites.  
• EM 385: Specifically applies to projects undertaken by or for the U.S. Army Corps of Engineers (USACE).

Stringency of Standards:

• EM 385: Generally considered more stringent than OSHA, especially regarding planning, documentation, inspections, and safety management. It often requires more detailed safety plans and procedures.  
• OSHA: While OSHA standards are comprehensive, they may be less specific in certain areas compared to EM 385.  

Training Requirements:

• EM 385: Mandates more rigorous training requirements, often including specialized training for specific tasks and hazards.  
• OSHA: While OSHA has its own training requirements, they are often less comprehensive than those required by EM 385.  

Enforcement:

• OSHA: Enforced by the Occupational Safety and Health Administration (OSHA), a federal agency.
• EM 385: Enforced by the U.S. Army Corps of Engineers, which can impose penalties for non-compliance.  

Focus Areas:

• OSHA: Covers a wide range of industries and hazards, including general industry, construction, maritime, and specific industries like agriculture.  
• EM 385: Primarily focuses on construction and engineering projects, with a strong emphasis on safety in hazardous environments.  

In essence, while both EM 385 and OSHA share the common goal of workplace safety, EM 385 often imposes more stringent requirements and a higher level of scrutiny on projects undertaken by or for the USACE.  

USACE project employees should be aware of these differences and to comply with the specific requirements of EM 385 to ensure a safe working environment.

How Does EM 385 Impact Government Contracts? 

Most contractors, despite their qualifications and years of experience, are not able to bid on or manage government construction contracts. This is because most contractors are untrained in how to manage the documentation process and regulatory requirements for a government contract.

A government construction contract requires contractors to meet specific federal and state criteria. In order to be qualified to handle the contract, a contractor must also pass specific safety, quality, and environmental compliance courses. That is where EM 385-1-1 comes in. EM 385-1-1 regulates the construction safety and health standards for government or military contracts.

How EM 385-1-1 Can Benefit You

If you want to strengthen your safety credentials by working on government or military construction projects, start training as soon as possible. EM 385 training prepares you to successfully bid on government construction projects. Your offer will be rejected if it does not include a site-specific safety plan that meets all EM 385-1-1 requirements.

Consequences of Non-Compliance with EM 385 Standards

Non-compliance with EM 385 standards can lead to a variety of serious consequences, including:

Legal and Contractual Penalties:

• Contract Termination: The contracting officer may terminate the contract if non-compliance poses a significant safety risk.  
• Financial Penalties: Contractors may face financial penalties of up to $2,000 per penalty per day.
• Legal Liability: Not following EM 385 Standards can lead to legal liability, including lawsuits from injured workers or damaged property.  

Safety and Health Risks:

• Injuries and Fatalities: Non-compliance can increase the risk of accidents, injuries, and fatalities on the job site.
• Property Damage: Failing to comply with EM 385 Standards can lead to property damage, including damage to equipment, structures, and the environment.
• Environmental Damage: Non-compliance with environmental safety standards can result in significant environmental damage.

Reputational Damage:

• Loss of Trust: Non-compliance can damage the contractor's reputation and erode trust with the government and other stakeholders.
• Difficulty in Future Contracts: Contractors with a history of non-compliance may have difficulty securing future contracts.

Operational Delays:

• Work Stoppages: Violations can lead to work stoppages and delays, which can increase project costs and timelines.  
• Increased Oversight: Non-compliant contractors may face increased oversight and inspections, which can further delay projects.

To lower these risks, it’s important to prioritize safety and compliance with EM 385 standards. This includes implementing strict safety programs, offering comprehensive training, conducting regular safety inspections, and addressing safety concerns quickly.

Get Started on EM 385-1-1 Training Today

Compliance with an online EM 385-1-1 course is required for all individuals working on government or military contracts, whether you’re a contractor or a supervisor. OSHA.com has four training hour options available. An eight-hour, sixteen-hour, twenty-four-hour, and forty-hour course. Each of the four contains safety information that adheres to the EM 385-1-1 requirements in more depth than the previous

The 16-hour and 24-hour courses are required for contractors and personnel on building projects while the 40-hour training is required for managers and supervisors and offers specific instructions for applying health and safety regulations. Our 8-hour option is a refresher course that should be completed annually. 

Our training courses teach workers and supervisors everything you need to know about the EM 385-1-1 safety manual. It addresses key topics such as developing safety procedures, managing buildings and vehicles, and protecting employees in heights and confined areas. The course is comprehensive and user-friendly, available in our online training catalog. Head to our website to register today!