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Risk Management and Safety

Contract Review

What Contracts Require Review and Approval by Risk Management?

Pursuant to the BYU Legal Documents Policy, the Risk Management and Safety Department (“RMSD”) must review and approve any contract that (1) requires the university to indemnify, defend, or hold harmless another party; (2) commits the university to obtain insurance or to provide proof of insurance; (3) makes representations to any government regulatory or administrative body relating to an effort to obtain, maintain, or renew a permit or license on behalf of the university; or (4) relates to an activity or service that presents a risk of substantial loss or liability to the university.

What Contracts Present a Risk of Substantial Loss or Liability to the University?

The information below is intended to assist you in assessing whether a proposed activity or service presents a risk of substantial loss or liability such that RMSD review and approval is necessary. If in doubt, please contact RMSD at risk_mgmt@byu.edu or 801-422-4468.

  • Does the anticipated activity or service involve an inherent risk of bodily injury to anyone (whether to contractor personnel or to others)?
    • For example, activities or services involving:
      • Heavy machinery
      • Electrical work
      • Explosives or fireworks
      • Open flames, torch, hot work
      • Laser radiation
      • Manual labor
      • Hazardous materials
      • Overhead platforms, elevated workstations, or roof work
      • Excavation or tunneling work
  • Does the anticipated activity or service involve supervision of minors?
  • Does the anticipated activity or service involve use of a motor vehicle?
  • Does the anticipated activity or service involve transportation of passengers?
  • Does the anticipated activity or service involve the preparation, handling, or serving of food?
  • Does the anticipated activity or service require or allow the contractor to take possession of or control property, tools, or equipment owned by BYU?
  • Does the anticipated activity or service involve contractor access to secure information technology platforms or buildings or areas of restricted access (e.g. HBLL Special Collections)?
  • Do the goods or services to be performed utilize any fluids in measurable quantities, or emit any substances, that could impact the health and safety of any individuals or the environment?
  • Do the goods or services utilize any biological or radioactive substances or create or emit any byproduct that may be hazardous in any form?
  • Do the goods or services create or disturb dust particulate?  
  • Do the goods or services create or emit continuous noise that exceeds 85+ decibels or impulse (short burst) noise of 100+ decibels?
  • Do the goods or services include the use of any type of pressurized gas, liquid, or other material or a pressurized vessel?  
  • Do the services involve work with animals?

If the answer to any of the above questions is “yes,” then the contracted services may present a risk of substantial loss or liability to the university and any contract or other legal document related thereto should be submitted to RMSD for review and approval.