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Contract 38730
Between CITY OF FORT WORTH and EAGLE REMEDIATION SERVICES, INC. For Interior Demolition and Removal, Transportation, and Disposal of Asbestos Contaminated Materials Former James Guinn School North Structure 1120 South Freeway Fort Worth, Texas Environmental Management Department May 2009 QORIGINAL - STATE OF TEXAS COUNTY OF TARRANT CITY SECREt CONTRACT N~~'?is]30 CITY OF FORT WORTH CONTRACT FOR INTERIOR DEMOLITION AND REMOVAL, TRANSPORTATION, AND DISPOSAL OF ASBESTOS CONTAMINATED MATERIALS AT THE FORMER JAMES GUINN SCHOOL LOCATED AT 1120 SOUTH FREEWAY, FORT WORTH, TEXAS This Contract is entered into by and between the C ity of Fort Worth, Texas, a home-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, ("City"), acting through Fernando Costa, its duly authorized Assistant City Manager, and Eagle Remediation Services , Inc., a Texas corporation, acting through Joseph R. Hinkson, its duly authorized Vice President ("Contractor"). WHEREAS , the City desires to conduct a project for the interior demolition and for the removal, transportation and disposal of asbestos contaminated materials the of the former James Guinn School , north structure, located at 1120 South Freeway, Fort Worth, Texas; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such interior demolition and for the removal, transportation and disposal of asbestos contaminated materials, and WHEREAS, the Contractor has represented that it is knowledgeable and experienced in conducting such an interior demolition and for the removal, transportation and disposal of asbestos contaminated materials. WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract , the City and the Contractor agree as follows: 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Asbestos shall mean the asbestiform varieties of chrysotile , amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing one percent or more of any of those substances. Asbestos-Containing Material (ACM) shall mean materials or products that contain more than one percent (1 .0%) of any kind o · · bestos, as determined by OFFICIAL RECORD CITYSEC~ETARY FtWORTH,TX -1 -09 p ..,:..>9 I, []ORIGINAL Environmental Protection Agency (EPA) recommended methods as listed in Section 40 of the Code of Federal Regulations , (CFR) Part 763 , Subpart F and 40 CFR 763 Subpart E, Appendix A. Th is means any one material component of a structure . Asbestos Removal shall mean any action that dislodges, strips , or otherwise takes away asbestos containing material (ACM). City's Representative means the Director of Environmental Management, or the Director's designee. Contract shall mean this document, all attached exhibits and the Contractor's Response to the RFP attached as exhibit A , which shall be incorporated and made a part of this Contract. Contractor shall mean Eagle Remediation Services , Inc. Director shall mean the Director of the City of Fort Worth 's Environmental Management Department. NESHAP shall mean the United States Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants, as described in Title 40 CFR Part 61 . Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Regulated Asbestos-Containing Material (RACM) shall mean (a) friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non- friable ACM that will be or has been subjected to sanding, grinding , cutting , or abrading , or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized , or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations. RFP shall mean the City's Request for Proposals for Project DEM 08-10 : GUINN. Subcontract means a contract between the Contracto r for this project and another person or company for any task defined in the scope of work . A purchase order is also considered a subcontract. Substantial Completion means the date when the interior demolition, asbestos removal , transportation, and disposal is sufficiently completed in accordance with the Contract Documents and applicable legal and environmental requirements , as modified by any change orders agreed to by the parties , so that the City can occupy the project or specified area of the project for the use for which it was intended. Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 2 2. SCOPE OF CONTRACTOR'S SERVICES The scope of work shall include for the furnishing of all labor, materials , equipment, superintendence, transportation, disposal costs, and any other items or services necessary for performing the interior demolition and for the removal, transportation and disposal of asbestos contaminated materials at former James Guinn School , north structure, located at 1120 South Freeway. The two-story structure is a 7,424-square-foot school built in 1927 . It is built on a concrete slab with concrete flooring, brick wall exterior, plaster lathe interior walls and ceilings, and built-up tar and gravel roof. The interior walls, ceilings, and roofing materials are severely damaged. According to an asbestos survey conducted January 12, 1998, chalkboards and black mastic wall adhesive located on the interior walls of the classrooms on the first and second floor contain 30% and 10% chrysotile, respectively. The debris inside the structure is considered to be contaminated with ACM due to significant damage. The building is currently deemed structurally unsound. The City of Fort Worth will ensure that the exterior walls of the structure are shored with steel beams for support prior to initiation of abatement. A. The scope of work includes interior demolition and removal of interior components as specified herein. All debris identified to be contaminated with asbestos , will be disposed of as an asbestos containing waste , in accordance with all applicable Federal, State and Local regulations . Debris not contaminated with asbestos will be disposed of as general construction debris and disposed of in accordance with all applicable Federal, State and Local regulations. The following materials are to be removed pursuant to the specifications of this contract of the RFP and ancillary documents and shall include the following: 1. Remove existing interior wood frame walls; existing interior masonry walls remain. 2 . The existing second floor corridor floor remains -this is a "Tee" shape between the two stairways with the single "Tee" leg running to the north building exterior wall. 3. Remove wood floors and wood substructure -1st floor. 4 . Remove existing second floor wood framing. 5 . Remove existing roofs framing; retain existing sheet metal roofing accessories -scuppers, downspouts, and leaders for future replication . 6. The existing concrete stairways remain. 7. Existing windows remain . Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 3 8. Remove existing interior doors , frames and transoms; retain (salvage) doors and frame material and transom assembly for future replication . Remove in a manner that minimizes damage for future replication. 9. The existing double exterior doors remain - 3 pairs . 10. As per the RFP Addendum #1 dated November 5 , 2008 the boiler, piping , and conduit from the basement will remain. 11. Remove all loose , damaged or unsound plaster from all walls. 12. Remove and retain (salvage) all light fixtures . 13. Remove and retain (salvage) all radiators. 14. Retain all salvaged materials on-site with plastic wrap protection . The retained / salvaged materials will be removed from the site by other parties to be designated by the City. Final product: • Four walls, concrete stairs, 2nd floor corridor remaining. • Salvaged/retained items as specified above; staged and wrapped in poly. B. Contractor shall furnish all tools, labor, equipment and permits necessary to fully complete the interior demolition and removal of asbestos contaminated materials from the structure identified in the bid documents. C. Prior to commencement of any work under this Contract, Contractor shall obtain from the City a written notice to proceed. D. Upon completion of the work , Contractor shall obtain a final inspection from the City . E. Certain architectural items within the building will need to be retained / salvaged for future historical reconstruction . Contractor will retain these items as specified in Section A. Additional historical items may be identified during the course of the project for retention / salvage. The City's Representative will work with the contractor to phys ically mark these additional items before and during the course of the project. Contractor will coordinate w ith the City's representative in retaining / salvaging these items. F. Contractor is responsible for becoming familiar with the character, quality, and quantity of work to be performed and the materials and equipment requ ired . In addition , the Contractor shall become familiar with the site and the structure(s) and the Contractor will conduct all operations with due caution and diligence in consideration of the particular hazards involved. The Contract or will inform and supervise all subcontractors to ensure that they are fam iliar with the site and structure(s) and that subcontractors will conduct all operations with due caution and diligence in consideration of the particular hazards involved. The Contractor is aware that the building i nterior is "structurally unsound " as pe r 25 TAC Contract for Asbestos Removal and Interior Demolition, DEM 08 -10 : Gu inn Page 4 295 .32(79)(F) which describes a structure as "a building , facility , or any portion of wh ich , prior to demolition , has been determ ined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect , or a city , county , or state government official ". The Contractor and its agents agree to become familiar with and abide by the ons ite Health and Safety Plan for the project. G. The Contractor under this agreement agrees to work closely and coordinate regarding safety and timing of work with the site General Contractor and to ensure that the adequate shoring requ ired will not hinder the interior demolition activities. The General Contractor will provide Contractor under this agreement with engineered shoring to ensure the exterior walls remain upright during the duration of the project. H . Contractor shall procure all permits and licenses , pay all charges , costs , and fees , and give all notices necessary and incident to the due and lawful prosecution of the work, unless otherwise specified in this contract and as necessary to comply with all applicable laws and regulations. I. Contractor shall protect the work site, workers , contractors, subcontractors , government agents , and the general public as necessary with barriers , lights , safeguards or warnings, techniques, and methods, including but not limited to specialized equipment, personal protective equipment (PPE), in compliance with all applicable federal, state , and local laws, regulations , and permit requirements. J. Contractor shall perform , in a good and professional manner, the services contained in this Contract. K. Substantial completion shall be achieved within 60 calendar days of receipt of notice to proceed . If substantial completion is not achieved within 90 calendar days, liquidated damages will be incurred by the Contractor and payable to the City in the amount of $1,000 per day. L. Compliance With Laws: All Contractors shall be required to comply with : • Chapter 2258 of the Texas Government Code, with respect to the payment of preva ili ng wage rates for public works contracts; • Chapter 17 , "Human Relations," Article 111 , "Discrimination," Division 3 , "Employment Practices ," of the Code of the City of Fort Worth , proh ibiting discrimination in employment practices ; • Fort Worth Ordinance 15530, Minority and Women Business Enterprises; • The most recent revisions of applicable federal , state, and local laws, and the regulations established by the U.S . Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Adm inistration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 5 Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth as well as any other entity that may have jurisdiction over work being performed. and • All other applicable federal , state and local laws. M. Contractor shall utilize the personnel identified in the Proposal for all work under th is contract. If such identified personnel are not available, personnel with substantially similar qualifications shall be utilized, subject to the written approval of the City's Representative . Substituted personnel shall have the all necessary training and certifications required to meet legal and environmental requirements. N. Should there be conflicts between the submitted proposal and this contract document; this shall take precedence . 3. SCOPE OF CITY SERVICES A. C ity shall coordinate with the facility , City departments, and any tenants for access to the site. B . City shall prepare and revise all notifications necessary to the Texas Department of State Health Services Health {TDSHS) for the work provided herein. C. City shall make payment of all applicable TDSHS fees . D . City shall give timely direction to the Contractor. E. City shall render decisions regarding modifications to the Contract and any other issue . F. City shall provide professionally engineered and approved shoring plans and subsequent shoring for the entire structures exterior walls. G. City shall provide a NESHAP-trained ind ividual or EPA-accredited Project Designer to provide final clearance for project completion . 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor shall begin work as soon as practicable upon issuance of the Notice to Proceed by the City and Contractor shall complete all phases of the project within 30 days of receipt of the Notice to Proceed in conformance with the work schedule submitted by the Contractor in the Proposal , and in no case later than 60 days of Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Gu inn Page 6 issuance of the Notice to Proceed. If substantial completion is not achieved w ithin 90 calendar days from issuance of the Notice to Proceed liquidated damages will be incurred by the Contractor and due to the City in the amount of $1 ,000 per day. 5. COMPENSATION A. In consideration for the work performed by Contractor under this Contract , City shall pay Contractor a sum not to exceed sixty-seven thousand forty-one dollars ($67,041 .) The cost for the performance of such work shall be in accordance with the Schedule of Values of the Contractor's Response . The City shall not be liable for any of Contractor's costs in excess of the Not-to-Exceed Amount unless the City has signed and issued a formal Modification to the Contract. B. Contractor understands and agrees that claims for additional compensation due to variations between conditions actually encountered in the project and as ind icated in the Contract Documents will not be allowed unless the Contractor can clearly show to City , as determined in the sole discretion of City , why the variation was not identifiable prior to executing this Contract. C. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices , except as provided in Section 7 "Indemnification ," subsection H. D. Contractor acknowledges that payment will not be rendered by City unless Contractor completes the interior demolition and the removal, transportation, and disposal of asbestos contaminated materials as described within the Scope of Work and in accordance with all applicable legal and environmental requirements and that the work is accepted by the Director. E. Periodically during the performance of this Contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the Not-to-exceed amount, Contractor shall prepare to cease its operations in a safe and secure manner, unless and until the Contract is amended and an authorized representative of the City directs Contractor to perform additional work . F. Contractor shall receive no compensation for delays or hindrances to the work , except when direct and unavoidab le extra cost to Contractor was caused by City's failure to provide information, if any, wh ich it is required to do. When extra compensation is claimed , a written statement th ereof shall be presented to th e City . Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 7 G . In the event that actual expenditures may resu lt in a total cost in excess of the Not-to-Exceed Amount , Contractor must submit a Modification to the Cont ract in accordance with the provis ions of this contract. 6. INSURANCE AND BONDING A. The Contractor certifies it has, at a minimum , current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. B. Commercial General Liability Insurance 1. $1 ,000 ,000 each occurrence 2 . $2 ,000 ,000 aggregate C. Motor Vehicle Liability Insurance 1. Coverage on motor vehicles involved in the work performed under this contract: 2 . $1,000,000 per accident on a combined single limit basis or: 3. $500,000 bodily injury each person; $1 ,000,000 bodily injury each accident; and $250,000 property damage 4. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured , as its interests may appear. Liability for damage occurring while loading , unloading and transporting materials collected under the Contract shall be included under th is policy. D. Worker's Compensation 1. Coverage A: statutory limits 2 . Coverage B: $100 ,000 each accident 3. $500 ,000 disease -policy limit 4 . $100,000 disease -each employee Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 8 E. Environmental Impairment Liability (Ell) and/or Pollution Liability 1. $2 ,000 ,000 pe r occurrence. 2. Contractor shall maintain in force for the full period of this contract insurance covering losses caused by pollution conditions that arise from the operations of the contractor described under the scope of services of this contract. Such insurance shall apply to bodily injury ; property damage , including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense , or settlement of claims . F. Asbestos Abatement Insurance -$2,000 ,000 each occurrence with no Sunset Clause. G. The following shall perta in to all policies of insurance : 1. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the contract. 2 . Applicable policies shall be endorsed to name the C ity an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials , agents , and volunteers as respects the contracted services. 3. Certificate(s) of Insurance shall document that insurance coverage required under this contract are provided under applicable policies documented thereon. 4. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements . 5. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such te rms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Brian Boerner, Director, Environmental Management Department , City of Fort Worth , 1000 Throckmorton St., Fort Worth , Texas 76102 . 6. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and all insurers must have a minimum rating of A: VII in the current A. M . Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the Contract for Asbestos Removal and Interior Demolition, DEM 08-10 : Guinn Page 9 satisfaction of Risk Management. If t he rating is below that required , written approval of Risk Management is requ ired. 7 . Applicable policies shall each be endorsed w ith a waiver of subrogation in favor of the C ity as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies includ ing endorsements thereto and , at the City's discretion the Contractor may be required to provide proof of insurance premium payments. 9. The Commercia l General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 11. Subcontractors shall be covered under the Contractor's insurance policies or they shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage , Contractor shall provide City w ith documentation thereof on certificates of insurance prior to the commencement of work. Notwithstanding anything to the contrary contained herein , in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract so long as the Contractor provides coverage for the subcontractor under the contractor's policies. 12 .Additional Insured Clause: "The City of Fort Worth, its officers , agents , employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured , performed under Contract with the City of Fort Worth." The additional insured requirement does not apply to Workers ' Compensation policies. 13. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled , limited in scope or coverage , or non-renewed until after forty-five (45) Days prior written notice has been g iven to the Director of Environmental Management, City of Fort Worth , 1000 Throckmorton , Fort Worth , Texas 76102." Note: Written notice can be by Provider or insurance company. 14. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders equ ity . In lieu of trad itional insurance, alternative coverage Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 10 maintained through insurance pools or risk retention groups must be also approved by the City's Risk Manager. 15. Waiver of rights of recovery (subrogation) shall be declared in policies and in favor of the City of Fort Worth . 16. Unless otherwise stated , all required insurance shall be written on the "occurrence basis ". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 17. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision , or the claims history of the industry as well as of the contracting party to the City of Fort Worth . In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage , the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. H. Bidder's Bond. Contractor will supply or shall have supplied a bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check , in said amount, with the City named as payee , to be held in escrow until the successful Contractor signs the project contract. Th is bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents w ithin 10 calendar days after the contract has been awarded. I. Payment and Performance Bonds. Before beginning the work , the Contractor shall be required to execute to the City of Fort Worth , a payment bond if the contract is in excess of $25 ,000 , and add itionally a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material ; and in 100% the amount of the Contract. The performance bond is solely for the protection of the C ity of Fort Worth ; in 100% the amount of the Contract; and conditioned on the Contract for Asbestos Removal and Interior Demolition, DEM 08-10 : Guinn Page 11 faithful performance by Contractor of the work in accordance with the plans , specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award . J. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. K. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a rein surer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . L. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 7. INDEMNIFICATION A. For purposes of this Contract throughout , the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature , contingent or otherwise , matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation , storage, disposal , treatment, recovery , and/or reuse of asbestos containing materials pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 12 a . Damages for personal injury and death , or injury to property or natural resources ; b. Fees incurred for the services of attorneys, consultants , contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not lim ited to, the preparation of any feas ibility studies or reports of the performance of any cleanup , remediation , removal , response , abatement, containment, closure , restoration or monitoring work required by any federal , state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements , and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with this Agreement. 2. Environmental requirements shall mean all applicable present and future statutes , regulations , rules, ordinances, codes , licenses , permits, orders, approvals , plans , authorizations , concessions , franchises , and similar items, of all governmental agencies , departments, commissions , boards , bureaus , or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial , administrative , and regulatory decrees, judgments, and orders relat ing to the protection of human health or the environment, including without limitation : a. All requirements , including, but not limited to , those pertaining to reporting , licensing , permitting , investigation, and remediation of emissions , discharges, releases, or threatened releases of hazardous materials , pollutants , contaminants or hazardous or toxic substances, materials , or wastes whether solid , liquid , or gaseous in nature , into the air, surface water, groundwater, stormwater, o r land , or relating to the manufacture, processing , distribution , use , treatment, storage , disposal , transport , or handling of pollutants , contaminants , or hazardous or toxic substances, materials , or wastes, whether solid , liquid , or gaseous in nature ; and b . All requirements pertaining to the protection of the health and safety of employees or the public. Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 13 8. C. D. E. F. GENERAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF ASBESTOS CONTAINING MATERIALS PURSUANT TO THIS CONTRACT WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. The obligations of the Contractor under this section shall include , but not be limited to , the burden and expense of defending all claims , suits and adm inistrative proceedings (with counsel reasonably approved by City), even if such claims , suits or proceedings are groundless , false , or fraudulent , and conducting all negotiations of any description , and paying and d ischarging , when and as the same become due , any and all judgments , penalt ies o r other sums due against such indemnified persons. Upon learning of a claim , lawsuit , or other liability that Contractor is required hereunder to indemnify City , City shall provide Contractor with reasonably timely notice of same . The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligat ions owed by the pa rt ies to each other hereunder. Con tract for Asbestos Removal and Interior Demolition, DEM 08 -10: Guinn Page 14 G. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. H. Contractor shall notify the City within two business days of any written or oral claims for damages against Contractor or any subcontractor or agent of Contractor by any person(s) relating to work performed under this contract. Contractor shall submit proof of submission of any subcontractor or third-party claims arising out of the work performed under this contract to the City prior to submitting the final invoice for payment. 8. WARRANTY Contractor warrants that it understands the currently known hazards and apprehends the potential hazards that are presented to persons, property and the environment by removing, transporting and disposing of asbestos containing materials and from interior demolition. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state, local and federal laws governing its activities. Contractor also warrants that it is under no restraint or order that would prohibit performance of services under this Contract. 9. LICENSES AND PERMITS A. Contractor certifies that on the day work is to commence under this Contract, and during the duration of the Contract, it shall have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. B. Contractor agrees to require all of its subcontractors used in performance of this Contract to have and maintain current valid and appropriate federal, state and local licenses and permits necessary for the provision of services under this Contract. 10. PREVIALING WAGE RATES The contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE , Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 15 work of a similar character in the locality in which the work is performed ; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work . A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth , $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate . 11. TERMINATION A. City may terminate this Contract, with or without cause, by giving ten (10) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have . In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this Contract under subsection A. of this section, City shall pay Contractor for all services performed prior to the termination notice. C . All completed or partially completed original documents prepared under this Contract shall become the property of the City when the Contract is terminated, and may be used by the City in any manner it desires ; provided, however, that the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. 12. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this Contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God , acts of the public enemy, acts of Government, in its sovereign or contractual capac ity , fires , flood , epidemics , quarantine restrictions , strikes , freight embargoes , and unusually severe weather. Contract for Asbestos Removal and Interior Demolition, DEM 08-10 : Guinn Page 16 B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform , and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence , Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources . C. Alternatively , if at any time during the term of this Contract the work of Contractor fails to meet the specifications of the Contract Documents , City may notify Contractor of the deficiency in writing . Failure of Contractor to correct such deficiency and complete the work requi red under this Contract to the satisfaction of City within ten (10) days after written notification shall result in termination of this Contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this Contract shall be paid by Contractor. D. In the event either party defaults in the performance of any of its obligations under this Contract , misrepresents to the other a material fact , or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this Contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a fifteen (15) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid fifteen (15) day period, or if the default cannot be cured , the Contract shall terminate as of the date provided in the notice of default. E. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Contract. 13. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment is paid under this Contract, have access to and the right to examine any directly pertinent books , documents, papers and records of Contractor involving transactions related to this Contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph . City shall give Contractor reasonable advance notice of intended aud its . B . Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor s hall give City, unti l the expiration of five (5) years after final payment is paid under the subcontract , access to and the right to examine any directly pertinent books , documents , papers and records of such subcontractor involving transactions to the subcontract, and further , that City shall have access during normal working hours to all appropriate work space , in Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 17 order to conduct audits in compliance with the provisions of this paragraph . City shall give subcontractor reasonable advance notice of intended audits. C. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. 14. MINORITY AND WOMEN BUSINESS ENTERPRISES In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance , Contractor agrees to a minimum of sixteen percent (16%) of the total dollar value of this Contract will be paid as compensation to certified MWBE firms , pursuant to the City's Ordinance. 15. INDEPENDENT CONTRACTOR Contractor shall perform work under this Contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co- employer or jo i nt employer of the officers , employees or agents of Contractor. Contractor shall have the sole control, supervision , direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this Contract, except as outlined in this Contract or as otherwise required by federal , state , county or city law, regulation or rule. 16. NON-DISCRIMINATION A. During the performance of this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion , color , sex or national origin , except where religion , sex or national origin is a bona fide occupational qualification reasonably n ecessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B . Contractor also agrees th at in all solicitations or advertisements for employees placed by or on behalf of this Contract , that Contracto r is an equal opportunity employer. Contract for Asbestos R emoval and Interior Demolition, DEM 08-10 : Guinn Page 18 C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 17. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 18. LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing Contractor, or which may become due, the sum of$ 1,000.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as liquidated damages. The parties to this contract agree that the amount of damage to City for delay in completion of the work is difficult to ascertain and that the amount of the liquidated damages per day as stated above constitutes reasonably anticipated pecuniary damages for such delay, and is not a penalty. 19. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract , nor a waiver of a subsequent breach of the same provision or condition , unless such waiver be expressed in writing by the party to be bound. 20. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 19 21. NOTICE Notices required to be made under this Contract shall be sent to the following persons at the following addresses ; provided, however , that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to : Brian Boerner, Director Department of Environmental Management 1000 Throckmorton Fort Worth , Texas 76102 If to Contractor: Name: Address : Joseph R. Hinkson Eagle Remediation Services, Inc. 1847 W. Northwest Highway Dallas , TX 75220 Telephone: (214) 884-2096 FAX: (214) 884-2099 22. VENUE Should any action , real or asserted , at law or in equity, arise out of the terms and conditions of this Contract , venue for said action shall be in Tarrant County, Texas. 23. SEVERABILITY The prov isions of this Contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid , illegal or unenforceable in any respect , the invalidity , illegality or unenforceability shall not affect any oth er provision of this Contract , and this Contract shall remain in effect and be construed as if the i nvalid , illegal or unenforceable provision had never been conta ined in the Contract. Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 20 24. ENTIRETY This Contract, the Request for Proposal (RFP), the Addendum(s) to the RFP, the Contractor's submitted response to the RFP , all attachments the RFP and Response to RFP , and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor. In the event of any conflict between the terms of these documents, the terms of this contract shall govern . No other Contracts, oral or otherwise , regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto . 25. MODIFICATION No modification of the Contract shall be binding on Contractor or City unless set out in writing and signed by both parties. SIGNATURE PAGE FOR FORMER JAMES GUINN SCHOOL INTERIOR DEMOLITION AND ASBESTOS REMOVAL, TRANSPORTATION, AND DISPOSAL CONTRACT This Contrac has been executed by the parties in triplicate in Tarrant County, Texas on this date, , 2009. CITY OF FORT WORTH ~-.. ·.Le::./ Fernando Costa, Asst. City Manager APPROVED AS TO FORM ~ /;l , twA--- Arthur N. Bashor, Asst. City Attorney EAGLE REMEDIATION SERICES, INC. WITNESS : Name:~z... Title : o~ C'<\o.~-e r CORPORATE SEAL: t-~3YI l Cont 3•r;Jju~;orizatioa Date Contract for Asbestos Removal and Interior Demolition, DEM 08-10: Guinn Page 21 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX THE STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND BOND# HSIFSU0457891 KNOW ALL MEN BY THESE PRESENTS : That we, Eagle Remediation Services, Inc., a Corporation of Texas, hereinafter called Principal and International Fidelity Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas , as Surety, are held and finnly bound unto the City of Fort Worth, a municipal corporation organi7.cd and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Sixty~seven thousand forty..one dollars (S67,041.00) dollars in lawful money of the United States, to be paid in Fort Worth, Tamnt County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves , our heirs, executors, administrators, and successors,jointly and severally, finnly by these presents. THE CONDITION OF THIS OBLIGA TJON is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 21st day of J u ne , 2009, a copy of which is hereto attached and made a pan hereof, for the provision of. interior demolition and removal, transportation and disposal or asbestos contaminated at the former James Guinn School, north structure, located at 11?0 South Freeway, Fort Worth, Tex.u designated as Project Number DEM 08-10: Guinn a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly and faithfully perfonn the work in accordance with the plaris ; specification , and contract document during the original tenn thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save hannless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County. State of Texas. AND PROVIDED FURTHER , that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additioo to the tenns of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the tenns of the contract or to the work or to the specifications. IN WITNESS WHEREOF , this instrument is executed in _3_ Counterparts each one of which shallbedcemedanoriginal,th isthe 5 t h dayof Jun e ,2009: (SEAL) Eagle Remediation Seryjcg. lpc. Principal ( 4) ~j,,W--- ..,, ,Cf:?\?h \C. \\,n~t,:o(\. -\I ? (Printed Name/Title) 1847 West Nor t h we st Highwa y ADDRESS Dall as , TX 7 5220 CITY /ST ATE/ZIP 24900 Pitk i n Rd., Ste. 145 (Address) International Fidelity Insurance Company (Surety) Spring , TX 77386 ATTEST : (Surety) Secretary (SEAL) ,I \ rn~ ~\~ Witness as to SuretyMartha Note : (I) (2) (3) (4) (j) By: p~.~- Sc ot t D . Chat}rr1a_n='-........_ .-.: ~- (Printed Attorney-in• .ac tI'---~ ..,-... ~----: ~ Silvas Date of Bond must not be prior to date of Contract Cornet nam. o/Conlracl<N' A Corporarlon. a Pon,wrsirlp or and JndMdvo/, a, cas, "'°Y bt Corrtet Nlmf, t{SMrwry I/Ct1111rottor l.r portntn/llp oil PQrl/ltn "-Id Uffllk bond ~ ...... _ .. _ ..... _-::::~ .. , ~ A ,,,,, ""fl>' of Po,,m of Attomt)I moll b, alUICh,d to bond by Attorn,~tn -Facl Tel(973)624-1200 POWE R OF ATTORNEY INTERNATIONAL FIDELITY INSURAN CE COMPANY HOME OFFICE : ONE NEWARK CENTER, 20TH FLOOR NE WARK , NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey . and having its principal office in the City of Newark, New Jersey , does hereby constirute and appoint ELAINE LEWIS, SANDRA LANGFORD, SCOTT D. CHAPMAN, THOMAS R. ROONEY, MICHAEL A. GARGUILO Houston, TX. its true and lawful attomey{s)-in-fact to execute , seal and deliv er for and on its behalf as surety. any and all bond s and undertakings, contracts of indemnity and other writings obligatory m the narure thereof, which are or may be allowed , required o r permitted by law , stature, rule , regulation, contract or otherwise , and the execution of such in strum e nt(s) in pursuance of these presents, shall be as binding up on the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply , to all intents and purposes, as if the same had been dul y execu ted and acknowledged by its regularly elected office rs at its pnnc1pal office. This Power of Attorney is executed, and may be revoked , pursuant tn and by authority of Article 3-Section 3, of the By-Law s adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting ca lled and held on the 7th day of February, 1974 . The President or any Vice President , Executive Vice Presid ent, Secretary or Assistant Secretary , shal l have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company , and attac h th e Seal of the Company thereto , bonds and undertakings , contracts of indemnity and other writings o bligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the auth ority given . Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of th e Bo ard of Directo rs of sa id Company adopted at a me eting duly called and held on the 29th day of April, 1982 of which the following is a true ex ce rpt: Now therefore the signatures of such officers and the sea l of the Company may be affixed to any such r owe r of attorney or any certificate relating thereto by facsimile, and any such pow er of attorn ey or certificate bearing such facsimile signatures or facsimile sea shall be va lid and bindmg upon the Company and any such power so executed and certified by facs imil e sig natu res and fac simile sea l shall be va lid and binding upon the Company in the future with re spect to any bond or undertaking to whi ch it is attached . IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this in strument to be signed and its corporate sea l to be affixed by its authorized office r , this 29th day of August, A .O . 2003. STATE OF NEW JERSEY County of Essex On this 29th day of August 2003 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he 1s the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company ; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal , at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov . 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I ha ve compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY , and that the same l)re c orrect transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney bas not been revoked and is now in full force anct' e fee~ _ r • ..... -TESTIMONY WHEREOF, I have hereunto set my 3,-filld _$1 is ~th -._/' ·-:::. .., day of --/.-.... '· ... , "'-:..:: ., -~~ _ ... or!-~~ --.. '1,,• · .... (".,,. _,. .... ,..,. .... ~ ..,,.~-, .. ·· .,. ~ .... .., .. :,,,.,r ~-" ...... • ., ~I~..:~~ .. -~ .. ~ June 2009 Assistant Secretary ·, IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call International Fidelity Insurance Company 's toll -free telephone number for information or to make a complaint at: 800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20 1h Floor Newark, NJ 07102 You ma y contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin , TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.u s E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim y ou should contact your Agent or International Fidelity Insurance Company first. If the dispute is not resolved , you ma y contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Texas legal and regulatory requirements. . \ } CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406 .96 (2000), as amended, Contractor certifles that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Environmental Management Project DEM 08-10: Guinn . STATE OF TEXAS COUNTY OF TARRANT CONTRACTOR R. Hinkson Trtle Vic e President § § § Inc. Before me, the undersigned authority, on th is day personally appeared J oseph R. H inkson , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same as the act and deed of Vice President for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this 2nd day of June ARACELI B. LOPEZ MY COMMISSION EXPIRES September 27, 2009 , 20 09 TAB 1 TAB 2 TAB 3 TAB4 TAB 5 TAB 6 TAB 7 TAB8 TAB9 TAB 10 TAB 11 TAB 12 TAB 13 TAB 14 TAB 15 CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON, LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BU ILDING ASBESTOS ABATEMENT AND INTERIOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 PROPOSAL DOCUMENT CHECKLIST PROPOSAL DOCUMENT CHECKLIST ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA SCOPE OF WORK COST CONTRACTOR INFORMATION AND QUALIFICATIONS CONTRACTOR SUBMITIALS SUBCONTRACTOR INFORMATION AND QUALIFICATIONS BONDS M/WBE UTILIZATION REQUIREMENTS STATEMENT OF RESIDENCY NONDISCRIMANTION PREVAILING WAGE RATES INSURANCE CERTIFICATES CONTRCTOR'S RESPONSIBLITIES CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS , TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI .COM 2.1. Proposal Document Checklist All Proposal Documents , includ ing this checklist, must be completed in full and submitted in a sealed envelope , in the requested order, to be considered a responsive submittal. Proposal Documents Initial if Included 1. Proposal Document Checklist 2 . Acknowledgement of Rece ipt of Addenda 3 . Scope of Work 4 . Cost 5. Contractor Information and Qualifications 6 . Contractor Submittals 7 . Subcontractor Information and Qualifications 8. Bonds 9 . M/WBE Ut ilization Requirements 10. Statement of Res idency 11 . Nondiscrimination 12. Prevail ing Wage Rates 13 . Insurance Certificates 14 . Contractor's Responsib ilities 15. Contractor's Legal and Compliance History I understand that all of these items will be reviewed, and any items not included may result in my proposal being considered non-responsive. Name Joseph R . Hinkson Title Vice President ---------------------- Company Eagle Remediation Services, Inc. Date 11.17.08 2-2 2.2. Acknowledgement of Receipt of Addenda 2.2.1. Check if applicab le ~ The undersigned acknowledges the receipt of t he following addenda to the Request for Proposal , and has attached all addenda following this page . (Add lines if necessary). Addendum Number 1 1 1.5.08 (Date received ) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2 .2. Check if applicable __ The undersigned acknowledges the receipt of no addenda to the Request for Proposal. CONTRACTOR: ~~ ~ ~-Ea_g_l_e_Re_m_e_d_i _at_i_o_n _se_r_v_i _ce_s_._r_nc_. __ ~ Company Joseph R. Hinkson 11.17 .08 Name Date Vic e President Title 2-3 TO: FROM: DATE: RE: FORT WORTH ENVIRONMENTAL MANAGEMENT ADDENDUM Interested Parties Roger Grantham, Environmental Supervisor Environmental Management Department November 5, 2008 Addendum #1 JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS REMOVAL AND INTERIOR DEMOLffiON Project#: DEM08-10: Guinn As of Thursday, October 30, 2008, the following apply; 1. Please utilize the attached Section 2.4 for completing the RFP. 2. Proposals are due at 1:30 pm, Thursday, November 20, 2008. 3. Please deliver all proposals to the Purchasing Division, Lower Level, City Hall, 1000 Throckmorton, Fort Worth, Texas, 76102. 4. Clearly mark exterior of proposal package with the project number and "Proposal". 5. This project will be the interior demolition of building. The interior area of the building meets the "structurally unsound" exempt allowed under 25 TAC 295.32(79)(F). 6. The boiler and associated piping located in the basement will not be included in the scope of the project. 7. Selected vendor will work closely with general contractor to ensure adequate shoring required will not hinder interior demolition activities. 8. General contractor will provide engineered shoring to ensure the exterior walls will remain upright and in good overall condition during the completion of the project. 9. Safety is an utmost concern and all activities will be subjected to onsite HASP. Note the following City of Fort Worth representative contact information: Roger Grantham Environmental Supervisor Environmental Management Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX, 76102-6311 Phone (817) 392-8592 Fax (817) 392-6359 Roger .Grantham@fortworthgov.org 2.3. Scope of Work Proposals are being accepted by the City of Fort Worth for the furnishing of all labor, materials, equipment , transportation and disposal costs necessary for performing the removal of asbestos-containing material (ACM) and inter ior demolition at the former James Guinn School , north structure , located at 1120 South Freeway. The two-story structure is a 7,424-square-foot school built in 1927. It is built on a concrete slab w ith concrete flooring , brick wall exterior, plaster lathe interior walls and ceilings , and built-up tar and gravel roof. The interior walls , ceilings , and roofing materials are severely damaged. According to an asbestos survey conducted January 12, 1998, chalkboards and black mastic wall adhesive located on the interior walls of the classrooms on the first and second floor contain 30% and 10% chrysotile , respectively . The debris inside the structure is considered to be contaminated with ACM due to significant damage. The building is currently deemed structurally unsound. The City of Fort Worth will ensure that the exterior walls of the structure are shored with steel beams for support prior to initiation of abatement. The scope of work includes the following activities: 1. Remove existing interior wood frame walls; existing interior masonry walls remain. 2. Existing second floor corridor floor remains -this is a "Tee " shape between the two stairways with the single "Tee " leg running to the north building exterior wall. 3. Remove wood floors and wood substructure - 1st floor . 4 . Remove existing second floor wood framing . 5. Remove existing roofs framing ; retain existing sheet metal roofing accessories - scuppers, downspouts , and leaders for future replication . 6. Existing concrete stairways remain . 7. Existing windows remain. 8 . Remove existing interior doors , frames and transoms ; retain doors and frame material and transom assembly for future replication. Remove in a manner that minimizes damage for future replication. 9. Existing double exterior doors remain - 3 pai rs. 10. Remove all existing equipment, boiler, piping and conduit from existing basement. 11 . Remove all loose , damaged or unsound plaster from all walls. 12 . Remove and retain all light fixtures . 13 . Remove and retain all radiators. 14 . Retain all salvaged materials on-site with plastic wrap protection . The salvaged materials will be removed from the site by others. Final product: • Clean and empty basement • Four walls , concrete stairs, 2nd floor corridor remaining • Salvaged items staged and wrapped in poly . 2-4 2.4. Cost The unders igned hereby proposes to furnish the equipment , labor materials , superintendence , and any othe r items or services necessary to complete the scope of services detailed in this Solicitation. Proposals shall be firm priced offers unless otherwise speci fi ed . Please provide a detailed work-plan outlining the strateg ic tasks to be conducted and the timing coordination necessary in order for this project to be completed in a timely manner. Also include work strategies and equipment that will be utilized in order to accomplish project completion. Please provide the total project cost below . The total project cost shall be based on an hourly rate for interior demolition and asbestos-conta ining material removal and the cost for disposal which will include transportation and destination landfi ll fees. Item I Description Unit Price Extended Price 1. Interior Demolition $ 1 2 5 . o o /hour $48 ,7 5 0.00 2. Transportation/Disposal Costs $ 23 . 45 /yard $1 8,291.00 TOTAL $67,04 1.00 CONTRACTOR: ~~~\~~ Eagle Remediation ~g~ Company Services , Inc. Joseph R. Hinkson 11.17. 08 Name Date Vice President Title 2-5 2.5. Contractor Information and Qualifications Contractor shall submit the following items proving they are duly qualified and capable to fulfill and abide by the requirements listed herein. The documents listed below shall be included in this proposal submittal, in the same order as listed, following this page, bound within the response. 2.5.1. Contractor shall provide company information including its company name, address, telephone number(s), email address and FAX number(s) for the local office as well as the headquarters. 2 .5.2. Contractor shall provide a copy of their current Texas Sales/Use Tax Certificate. 2.5 .3. Contractor shall provide a Certificate of Good Standing with the Texas Secretary of States ' office. 2 .5.4. Contractor shall attach an up-to-date and concise copy of its current Statement of Qualifications. 2.5 .5. Contractor shall attach an up-to-date Health and Safety Plan which governs the contractor's day-to-day operations . Additionally, contractor shall provide a site- specific Health and Safety Plan for this project prior to initiation work at the project site. 2 .5 .6 . Contractor shall provide at least four project references similar in scope and size to that of this Solicitation. Each project references shall include the following information : • Company's Name • Name and Title of Contact/Project • Email , Phone, and Address of Contact • Contract/Project Value • Brief Description of Service Provided 2 .5 .7 . Contractor shall complete a staff matrix including the following information detailing the provider's personnel, their qualifications , and years of experience for staff that will be providing services associated with this Solicitation . • Position title and job function as associated with this contract (President, Vice President, Project Managers, Technical Managers, Field Supervisors, etc.) • Name • Tasks to be performed in association with this contract • Certifications/Licenses • Total Years Experience • Length of employment with your company 2.5 .8. Provide copies of any and all relevant licenses and certificates held by the contractor and contractor's staff who will be assigned to this project. 2-6 CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON, LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS ABATEMENT AND INTERIOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 2.5.1. COMPANY INFORMATION Company Name: Eagle Remediation Services, Inc. 1847 West Northwest Highway Dallas, Texas 75220 Company Local & Home Office Address: Telephone Number: Fax Number: E-Mail Contact Information: 214-884-2096 214-884-2099 Joseph R. Hinkson Vice President jhinkson@ecesi.com Former Company Name: _N/~A _________ _ Type of Organization: -=-Co::;..;.r=-po::;..;.r=at=io:..;..n;___ ______ _ Company's Historically (HUB) Status & HUB Forms: _N/~A _________ _ EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 7S220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI.COM CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON , LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS ABATEMENT AND INTERIOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 2.5.2. TX SALES/ USE TAX CERTIFICATE Please see attached. EAGLE REMEDIATION SERVICES , INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 7S220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI .COM ~~;:.?~7.'1 7) TEXAS SALES AND: USE TAX PERMIT Th is pemnit is n.ot tr.ansteralofe, and this side must be pt:omfn.en'iiUy d isplayed in your place o f business. Merchants: A copy ofihis permit does nat~plece ar.esaleor exemptiba certifrcate. Y~u· will! be-responsible fbi: sa{f:s tax unless .}IOtl have a valid resale,texemption• certific ate on file , ,-------TAXPAYER NAME., BUS lNESS LOCATIO N NAME. and PHY SICAL LOCATI O N c-AGl!...E REl'lED'.LA.Tl'ON: SERVLCES lNiC Yott mtdstol/J:am amew permm if.ttiere fs a change of l o=,sh•• bcalion, oc t,usm;s-M-. l Type Of'P.emi it SA I..ES AND USE TAX Taxpayer number EA.GU: REH:EO t An ON SERVICES INC 1847 W NORTHWEST HWY DALLAS TX 75220.-701 7 NAIC S CODE: 562310 DE SCR r Pr I ON ON N'EXT ll N.E: 1-75-234 7583-2 Location numb er 00002 .. first busi~ess date 02 /01 /2008 . ., Remechation Servi.ces WE SIHOW: THIS BUSINESS IN. THE FOlLOWLN~ LOCAL SALES TAX CITY: DALLAS EFF : 02/01 /2008 TRAN.SH: DAL L~S MTA Ef f: Q,2/01/2008 AUTHORITifS, ~ ~ SUSAN COMBS Comatr~l_er of Public Accounts YOU MAY NEED TO CO LLECT S ALES 1W D,OR USE T AX FOR O THER LOC/lJ.. T MNG l>UTHORITIES DEPENDING ON YOUR TYPE OF BUSINESS. lfyou have an y quesfions reg .arding sales tax, you may con tact the Texas State·Cornptrolle,'s, fi .e!d otftce i.'1' yom area or call l-6\J0-252-5556, tolt free, nan:oowt de . "the Aus ti n numo er ts 5t2/4 6"·4tl00. DETACH' HERE ANO PROMIN.ENTL Y DISPLA V YOUR PERMIT ONLY IS THE INFORMATION PRINTED ON THIS PERMIT INCORRECT?' The i nf.ormatio!l printed on, your permit must be accurate and current. T o make corrections, you may detach and complete ONLY the information in the form below which is incorrect, and mail it to COMPTROLLER OF PUBLIC ACCOUNT S 1 rt E . 1 7th Street Austin, T X 7 8 774-0 100 .J1-'.l00-P4 MAKING CHANGES TO LOCAL TAXING AUTHORfflES OR BUSINESS DESCRIPTION LJSTED ON THIS PERMIT • You w ill need to contact us to correct the local taxing auth o rities fo r th is business location . C ontact your city/transit authority/cou nty/special p urpose d istrict if you are unsure if your business is located within that taxing iurisd iction . W e can a.ssist you in determining your local sales and use tax 'spons ibil ities, and the approp r,iate rate for each local taxing auth ority. Publication 94 -1:05 , "Gu[deffnes for Collecting Local Sales and Use Tax" and ubtication 9.6-132 . "Texas Safes and! Use Tax Rates" are available on the Comptroller's web s ite atwww.window .state.tx.us/taxinfo·/tbcal/. • Vis it us onl ine at www.w indow.state .tx:.us/taXinfo/sales/naics _ cod ing.html if you n eed to correct the description o f your business printed o n the front of this, permit MORE INFORMATION ABOUT YOUR PERMff • You must prom inently d isplay th is permit in your place of h usiness. • The informatio n on your permit is public information . • You cannot use th is permit o r a copy o f it a s a resale or exemption certificate. • [f the locatiorr specified on th is perm it is dosed, retu m th is perm it to the Comptroller of P'ublic Accounts and indicate the date of the last business transaction . • Depending on you r type o f business, you may need to collect sales a nd /or use tax for other local i axing auth orities not listed on this perm it. TEXAS SALES AND USE TAX PERMIT Taxpayer name shown on the perm it EAGLE REM.ED I ATtON, SERVICES !NC Taxpayer number shown orr the pernn it I Location m,mbf!f shown on the permit • 175234 7583.2 • 00002 Corr ect bus iness focation name . Correct business location (no P.O. Bo x or dir ections acc epted) Change yo u,r mailing address and p hone number, • add a bus iness location, change a bus iness address, or City I State r ZlPcode close one or more business locations on line at . https:/JWWW.window.state.tx.us~cmaint,ehangeaddress.htm/ Correct taxpayer name I Daytimeph ooe(Area code and number) • Cor rect mailing address . t State 1 ZL P code I Federal Employer Identification number ~\ If yo u. are no longer in business , enter the date of yam last husiness transaction , ---·---· ----,.. t ----;t: " sign Taxpayer or authorized agent l mut! a~ he re~ 000000~17 CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON, LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS ABATEMENT AND INTERIOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 2.5.3. CERTIFICATE OF GOOD STANDING Please see attached. EAGLE REM EDIATION SERVIC ES, INC I 1847 W . NORTHW EST HIGHWAY I DALLAS, TEXAS 75220 214 .884.2096 OFC I 214.884.2099 FAX WWW .EC ESI .COM Certificate of Account Status -Letter of Good Standing THE STATE OF TEXAS COUNTY OF TRAVIS [!] Texas Comptroller of Public Accounts Lette rhead July 23 , 2008 CERTIFICATE OF ACCOUNT STATUS Page 1 of 1 I , Susan Combs , Comptro l ler of Public Account s of the State of Texas , DO HE REBY CERTIFY that accordi n g to the reco r ds of this office EAGLE REMEDIATION SERVICES INC is , as of this date , in good standing wi th this office having no franchise tax reports or payments due at th i s time . This certificate is valid through the date that the next franchise tax report will be due May 15 , 2009 . This certificate does not make a representation as to the status of the entity 's registration , if any , with the Te xas Secretary of State . This certificate is valid for the purpo s e of conversion when the converted entity is subject to franchise tax as r equired by law . This cert i ficate is not valid for any other filing with the Texas Secretary of State . GIVEN UNDER MY HAND AND SEAL OF OFF ICE in the City of Austin , this 23rd day of July 2008 A .O . Susan Combs Texas Comptroller Taxpayer number : 17523475832 File number : 0 1 16956400 Form 05-304 (Rev . 12-07/17) file://\\eagle19 \eagle \PRE-QUA LS\CERT1FICATE OF ACCOUNT STATUS.htm 11/19 /2008 CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON, LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS ABATEMENT AND INTERIOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 2.5.4 . STATEMENT OF QUALIFICATIONS Please see attached. EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI.COM Contractor's Qualification Statement A305 The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading . Submitted To : City of Fort Worth Environmental Management Department 1000 Throckmorton Fort Worth, TX 76102 Submitted By : Eagle Remediaiton Services , Inc 1847 W . Northwest Highway Dallas, Texas 75220 Phone:214-884-2096 Fax : 214-884-2099 Principal Office : As Above Name of Project: James Guinn Complex -North Building Asbestos Abatement and Interior Demolition Type of Work : D General Construction D Plumbing D Carpentry D Site Work TORGO SOFTWARE http://www.torgo.neU ©1996-2008 ALL RIGHTS RESERVED OHVAC D Electrical 181 Environmental 181 Other November 18, 2008 181 Corporation D Partnership D Individual D Joint Venture OOther A 305 page 1 Submitted by : Eagle Remediaiton Services, Inc 1. ORGANIZATION 1.1 How many years has your organ ization been in business as a Contractor? 18 1.2 How many years has your organ ization been in business under its present business name? 1 1.2 .1 Under what other or former names has your organization operated? Eagle Holdings , Inc. 1.3 If your organization is a corporation , answer the following : 1.3.1 Date of incorporation : 1.3.2 State of incorporat ion : 1.3.3 President's name : 1.3.4 Vice-president's name(s): 1.3.5 Secretary 's name : 1.3.6 Treasurer's name : 10/20/1990 Texas Joe Walraven Joseph R. Hinkson Marc Walraven Trish Thurner Trish Thurner 1.4 If your organizat ion is a partnership , answer the following : 1.4 .1 Date of organization : NA 1.4 .2 Type of partnership : NA 1.4 .3 Name(s) of general partner(s): NA 1.5 If your organization is individually owned, answer the following : 1.5.1 Date of organization : NA 1.5.1 Name ofowner: NA 1.6 If the form of your organization is other than those listed above , describe it and name the principals : NA T ORGO SOFTWARE http ://www.torgo.neV ©1996-2008 ALL RIGHTS RES ERVED A 305 page 2 Submitted by : Eagle Remediaiton Services , Inc 2. LICENSING 2 .1 List jurisdictions and trade categories in which your organization is legally qualified to do business , and ind icate registrat ion or license numbers , if applicable . Texas : Lead Firm #2110451 , Asbestos Abatement Contractor #800887 , Asbestos Transporter #400394 , Mold Remediation Company #RC01020 2.2 List jurisdictions in which your organization 's partnership or trade name is filed . State of Texas Any Federal Fac ility Nationwide 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces . Asbestos Abatement Green Demolit ion Lead Abatement Select ive Demolition Facility Decontamination Mold Remed iat ion Demolition 3.2 Claims and Suits . (If the answer to any of the questions below is yes , please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? No Attached : D Yes 181 No 3.2.2 Are there any judgments, claims , arbitration proceedings or suits pend ing or outstanding against your organization or its officers? No Attached : D Yes 181 No 3.2.3 Has your organ ization filed any law suits or requested arbitration with regard to construction contracts w ithin the last five years? No Attached: D Yes 181 No 3.3 Within the last five years , has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construct ion contract? (If the answer is yes , please attach details .) No Attached : D Yes 181 No 3.4 On a separate sheet, list maj or construction projects your organization has in progress , giving the name of project, owner, architect , contract amount , percent complete and scheduled completion date . Attached : D Yes 181 No 3.4 .1 State total worth of work in progress and under contract: NA 3.5 On a separate sheet, list the major projects your organization has completed in the past five years , giving the name of project, owner, architect , contract amount , date of completion and percentage of the cost of the work performed w ith your own forces . Attached : 181 Yes D No 3.5.1 State average annual amount of construct ion work performed during the past five years : $2 .7 million 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organizat ion . Attached : 181 Yes D No TORGO SO FTWAR E http ://www.torgo .neV @1996-2008 ALL RIGHTS RESE RVE D A 305 page 3 Submitted by : Eagle Remediaiton Services , Inc 4. REFERENCES 4.1 Trade References : Air Gas Kim Bell Phone : 800 -827-2338 Rxt. 4672 Aramsco -Dallas Randy Lorenz Phone : 214-689-2110 Abatix Que Edwards Phone : 214-538-5642 4 .2 Bank References : American State Bank 402 Cypress Street Abilene, Texas 79601 Contact: David Green Phone : 325-794-1000 4 .3 Surety : 4.3 .1 Name of bonding company: Brown & Brown of Texas (Impact Risk Solutions) 10700 North Freeway, Suite 300 Houston, Texas 77037 Contact: Elaine Lewis Phone : 281-260-2071 4.3.2 Name and address of agent: Ric W. Stewart, AIS Republic Surety Agency 705 N. Greenville Ave .,# 703 Allen, TX 75002-2167 TORGO SOFTWARE http://www.torgo.neU ©1996-2008 ALL RIGHTS RESERVED A 305 page 4 Submitted by : Eagle Remediaiton Services , Inc 5. FINANCING 5.1 Financial Statement Attached : O Yes ~ No Audited : OYes ~ No 5.1.1 Attach a financial statement, preferably aud ited , including your organ ization 's latest balance sheet and income statement show ing the following items : Current Assets (e .g., cash , joint venture accounts , accounts receivable , notes receivable , accrued income , deposits , materials inventory and prepaid expenses); Net Fixed Assets ; Other Assets ; Current Liabilities (e .g., accounts payable , notes payable , accrued expenses , provision for income taxes , advances , accrued salaries and accrued payroll taxes); Other Liabilities (e .g.,capital , capital stock, authorized and outstanding shares par values , earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Detailed Financial State can be provided to teh Owner upon Award . 5.1.3 Is the attached financial statement for the identical organization named on page one? NA 5.1.4 If not , expla in the relationship and financial respons ibil ity of the organ ization whose financial statement is provided (e .g ., parent-subsidary). NA 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? NA TORGO SO FTWARE http://www.torgo .neV ©1996-2008 ALL RIGHTS RESERVED A 305 page 5 CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON , LOWER LEVEL FORT WORTH, TEXAS 76102 PROJECT: DEM 08-10: GUINN JAMES GUINN COMPLEX -NORTH BUILDING ASBESTOS ABATEMENT AND INTER IOR DEMOLITION DUE DATE 10/29/08 PRIOR TO 2:00PM ERSI Project 01-81-0197 2.5.5. HEAL TH AND SAFETY PLAN Please see attached . EAGLE REMEDIATION SERVICES, INC I 1847 W . NORTHWEST HIGHWAY I DALLAS , TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI.COM STANDARD OPERATING PROCEDURES & CORPORATE HEALTH & SAFETY PROGRAM Table of Contents 1 of 2 SECTION ONE 1.1 Safety Policy 1.2 Health & Safety Policy 1.3 Environmental Policy 1.4 Inspection Policy 1.5 Safety Committees SECTION TWO 2.1 Functions & Responsibilities 2.2 Safety Rules & Regulations 2.3 Violations & Disciplinary Actions SECTION THREE 3.1 Incident Reporting 3.2 Incident Investigation & Review 3.3 OSHA Recordkeeping 3.4 Recordkeeping Requirements 3.5 Medical Records SECTION FOUR 4.1 Emergency Action Plan 4.2 Emergency Response Action (Spills) 4.3 Fire Protection Program 4.4 First Aid Program SECTION FIVE 5.1 Health & Safety Training 5.2 Employee Safety Orientation 5.3 Supervisor Role in Training 5.4 Conducting Safety Meetings 5.5 Job Safety Analysis 5.6 Asbestos Tra i ning SECTION SIX 6.1 Subcontractor Policy 6.2 Visitor & Subcontractor Safety SECTION SEVEN 7 .1 Respiratory Protection Program 7.2 Hazard Communications Program 7.3 Hearing Conservation Program 7.4 Heat Stress Program 7.5 Cold Stress Program 7.6 Bloodborne Pathogen Program 7.7 Industrial Hygiene Program EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI.COM STANDARD OPERATING PROCEDURES & CORPORATE HEALTH & SAFETY PROGRAM Table of Contents 2 of 2 SECTION EIGHT 8.1 Confined Space Program 8.2 Driver Safety Program 8.3 Electrical & Ground Fault Protection 8.4 Equipment Decontamination 8.5 Excavating & Trenching 8.6 Fall Protection 8.7 General Office Safety 8.8 High Pressure Water Jetting 8.9 Housekeeping & Sanitation 8.10 HVAC Decontamination & Cleaning 8.11 Ladder Safety 8.12 Lockout / Tagout Policy 8.13 Materials Handling & Storage 8.14 Personal Protective Equipment (PPE) 8.15 Power Operated Hand Tools 8.16 Aerial Work Platforms 8.17 Power Industrial Trucks (Forklifts) 8.18 Rope Cable & Sling Inspection 8.19 Scaffold Safety 8.20 Welding & Cutting SECTION NINE 9.1 Medical Surveillance Guidelines 9.2 Air Monitoring Guidelines SECTION TEN 10 .1 Asbestos Abatement Guidelines 10.2 Lead Abatement Guidelines 10.3 Inorganic Arsenic Guidelines 10.4 Polychlorinated Biphenyls (PCB's) Guidelines 10.5 Mercury Guidelines 10 .6 Meth Lab Guidelines 10.7 Mold Abatement Guidelines 10.8 Silica Dust Guidelines 10.9 Anthrax Response Guidelines 10.10 Cadmium Abatement Guidelines SECTION ELEVEN 11.1 State Specific Requirements -Indiana 11.2 Pre-Startup Health & Safety Review 11.3 Process Safety Review 11.4 Self Inspection Program 11.5 Environmental Audits SECTION TWELVE 12.1 Alcohol & Drug Free Workplace 12.2 Driver Drug & Alcohol Program EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW .ECESI.COM ASBESTOS ABATEMENT I LEAD ABATEMENT I MOLD REMEDIATION FACILITY DECONTAMINATION I DEMOLITION I FACILITY SERVICES STANDARD OPERATION PROCEDURES & HEALTH & SAFETY PROGRAM EAGLE REMEDIATION SERVICES, INC I 1847 W. NORTHWEST HIGHWAY I DALLAS, TEXAS 75220 214.884.2096 OFC I 214.884.2099 FAX WWW.ECESI.COM CORPORATE SAFETY MANUAL Procedure No. Date: 1-1 2/21/2008 EAGLE Remediation Services, Inc. SAFETY POLICY STATEMENT Rev ision: I To ta l pa ges : 4 1.0 PURPOSE The purpose of this Policy Statement is to formally communicate EAGLE Remediation Services , lnc .'s (EAGLE) corporate position relative to occupational safety , health and regulatory compliance . 2.0 SCOPE This Corporate Safety , Health and Regulatory Compliance Policy Statement applies to all Branch Offices , subsidiaries , joint ventures and companies of EAGLE. 3.0 POLICY It is the policy of EAGLE to provide a safe and healthy place of employment , free of recognizable hazards , for all of its employees and for the public in each of its operations , and to voluntarily abide by all safety regulations as they pertain to our industry . Safety and health will always take precedence over more expedient unsafe operations. Every attempt will be made to provide equipment and create conditions that w ill make for a safe and healthy work place . We will provide safety and health education and training to each of our employees , all of whom are expected to read and understand the Rules of Safety that are prov ided on each job site. Any employee who willfully disregards known safety and health practices will be subjected to strong disciplinary action . In the case of subcontractors , they will be required to abide by the provisions of this policy . At EAGLE, we make safety a condition of employment. 4.0 COMPANY VALUES 1. SERVICE -EAGLE will provide the best possible environmental contracting services. We will never forget that what we do and how we do it , affects our clients , our employees and the public . 2. HONESTY -EAGLE will conduct its business with honesty and integrity and communicate openly . 3. CONCERN -EAGLE will show concern for the welfare of its clients , employees , and the public . EAGLE will protect the environment and make the safety of the employees and the public its first priority . 4. COURTESY -EAGLE will be courteous to clients , to inspectors , to Procedure 1-1 Safety Policy Statement Eagle Remediation Services, Inc. Corporate Safety Manual 1-1. 1 ourselves , and to all those with whom we come in contact. 5. EXCELLENCE -EAGLE strives for excellence in all that we do. We are not satisfied with less than the highest standards of performance . 6 . TEAMWORK -EAGLE will work together as a team , combining our best thinking and efforts to make EAGLE the finest environmental contracting company in the nation . 7 . QUALITY -EAGLE will only employ the most qualified personnel in the pursuit of providing quality services . Each member of the management team is expected to be mindful of Company values in order to assure success and bring value to the Company regardless of the size and complexity of the branch or project. 5.0 CREATING A SAFE WORKPLACE A message to all EAGLE employees , reminding them of EAG LE' commitment to Safety and Health , will be posted at each job site in a location where it can be easily observed by each employee working at the site. 6.0 EAGLE MISSION STATEMENT EAGLE ' mission is to provide environmental contracting services to our clients , safely , reliably , efficiently and in an environmentally sound manner; to provide a workplace that allows our employees to realize their full potential; to make a fair profit ; and to improve the quality of life in the communities we serve . 7 .0 AUTHORITY At EAGLE , top management is constantly seeking new and more effective methods to reduce safety losses, and thus provide a safe r and healthier workplace for all employees . This Message from the Vice President of EAGLE Remediation Services , Inc . is evidence of this intent. Procedure 1-1 Safety Policy Statement Eagle Remediation Services, Inc. Corporate Safety Manual 1-1. 2 EAGLE REMEDIATION SERVICES, INC. HEAL TH AND SAFETY POLICY EAGLE ' employees are our most important asset and their wellbeing, our greatest responsibility. The health and safety of every employee is a primary consideration in every EAGLE business decision and plan. Accidents can and will be prevented. A good safety record is evidence of effective managerial performance. The objectives of our "TARGET ZERO" Shoot for Zero Accidents, health and safety program are both humanitarian and economic. Effective programs protect our personnel and conserve our corporate assets. It is our policy to continue to do everything reasonable to protect our employees, our property , our customers, and the public from the results of accidents. First , we will provide a safe work environment. This includes a safe workplace, equipment and materials . Second, we will comply with accepted safe work practices and all health and safety regulations , codes and rules. To do this, we must establish work rules and procedures to assure safe operations and then we must insist that these rules and procedures are followed by everyone. Third, we will provide adequate training for everyone in our organization to help them do their job safely and teach them that they have a duty and responsibility to protect themselves, their fellow workers and the public. Everyone in this organization is expected to actively support and participate in the health and safety program and accept the premise that "Accidents Can Be Prevented." Procedure 1-1 Safety Policy Statement Eagle Remediation Services, Inc. Corporate Safety Manual Joseph R. Hinkson Vice President 1-1. 3 MEMORANDUM DATE: February 25 , 2008 TO : All EAGLE Remediat ion Employees FROM : Joseph R. Hinkson , V ice President SUBJECT: CREATING A SAFE WORKPLACE We want to remind each of you of the EAGLE Safety , Health and Regulatory Compliance Policy. This policy is designed to provide employees a safe and healthful workplace and to comply with all applicable rules , codes , regulations , standards and laws regarding the workplace . To implement this policy , EAGLE will : assure that the well being of employees is considered in every business decision and plan ; provide an effective orientation so employees may work safely and in compliance with the policy; and "always do it right" even when "right" exceeds regulatory requirements . Our employees must work together to implement this policy . We must all recognize that needless risk taking is not in our best interest , the best interest of our Company, or the best interest of our customer. We are expected to work without injuring others or ourselves and to work in compliance with regulatory requirements. And we are expected to report unsafe conditio ns to supervisor's or management. Any concerns that you feel are not adequately addressed should be directed to EAGLE ' Corporate Safety Office . Our ability to fulfill this policy is evaluated almost daily by our clients , regulators , owners and the general public . Success will follow , when our evaluators believe that EAGLE and excellence are synonymous . Thank you for your efforts. Procedure 1-1 Safety Policy Statement Eagle Remediation Services, Inc. Corporate Safety Manual 1-1 . 4 CORPORATE SAFETY MANUAL Procedure No. Date: 1-2 2/21/2008 Eagle Remediation Services, Inc. HEAL TH AND SAFETY POLICY Rev is ion: 1 Total pages : 4 1.0 PURPOSE To define a minimum health and safety policy for each operation within Eagle . 2.0 SCOPE This policy applies to all Eagle operations. 3.0 POLICY It is the policy of Eagle to provide a safe and healthy workplace , free of recognized hazards , for each of its employees . At a minimum , Eagle will comply with all accepted work practices , health and safety regulations , standards and codes , and will prov ide training to its employees to assist them in performing their jobs safely . Implementation of this policy is further defined in the health and safety policies, procedures , and guidelines which make up Eagle's Corporate Safety Manual. It is the responsibility of all levels of Eagle management to be knowledgeable of the contents of these procedures and to implement these procedures , as applicable to their individual operations . 4.0 GENERAL The procedures referenced above may be found in this Eagle Corporate Safety Manual. All safety procedures and guidelines will be developed by Corporate Safety in consultation with Company President , Corporate Health and Safety Directors and Branch Health and Safety Officers . Corporate Safety Manuals will be issued by the Corporate Health and Safety Director and updated by Corporate Health and Safety . 5.0 SAFETY POLICY STATEMENT Each Branch Manager shall describe their commitment to the Eagle Health and Safety Policy in writing. Th is statement shall be posted at all projects and worksites. Procedure 1-2 Health and Safety Policy Eagle Remediation Services , Inc Corporate Safety Manual 1-2. 1 6.0 RESPONSIBILITIES The providing of safe and healthy working conditions is the direct responsibility of line management. Each manager and supervisor is responsible for the implementation of this program within his sphere of operation . All levels of Eagle management must know the information contained within this Corporate Safety Manual and implement these procedures, as applicable. Each Branch within Eagle shall be responsible for compliance with the Corporate Safety Manual. Branches are responsible for supplementing the program developed by Corporate Safety as required by individual operations. Each Eagle employee is responsible for observing the Eagle Safety Rules and Regulations as defined in Section 2-2 of the Corporate Safety Manual and working without injury to themselves or others . Employees are required to promptly report unsafe conditions to supervisory personnel , company safety personnel or members of management. 7 .0 ORGANIZATION Each manager is responsible for the implementation of an effective health and safety program within his or her organization. 7.1 To assist management in the implementation of this program , each Branch will be staffed with qualified safety, health and regulatory compliance personnel. 7.2 Each project , regardless of size or duration , shall have an adequately trained individual designated as the site safety coordinator for each shift, and to be responsible for the day-to-day administration of the safety program . It shall be the responsibility of the Branch Manager, or his designee , to appoint the appropriate individual to this task . 7.3 Corporate Safety shall concur in the application , review and termination process of all Branch Health and Safety Officers and take an active part in the performance evaluation , training , and dete rmination of safety staffing requirements within the branches. 8.0 SAFETY COMMITTEES Safety committees shall be organized at each level of operation, Corporate and Branch . Typically , these committees should consist of the senior member of management and his/her staff. In addition to meeting monthly to review the adequacy of the Company's safety program and safety performance, the committees shall be active and function as described in Section 1-5 of the Corporate Safety Manual. Procedure 1-2 Health and Safety Policy Eagle Remediation Services , Inc Corporate Safety Manual 1-2. 2 9.0 SAFETY MEETINGS Jobsite supervisors shall conduct daily toolbox safety meetings with all employees. Safety meetings shall be documented and presented as outlined in Section 5-2 of the Corporate Safety Manual. Documentation shall include type of meeting , topics discussed, suggestions offered and signatures of employees attending. Documentation shall be retained as required by Section 5-2 . 10.0 ACCIDENT PREVENTION An active program designed to enhance employee safety awareness and to prevent injury and vehicle accidents shall be maintained at each facility . The activities associated with this program shall be defined in writing , as outlined in Section 3-2 of the Corporate Safety Manual. Each accident and incident shall be investigated to determine cause , contributing factors and remedial action , as defined in Section 3-2 of the Corporate Safety Manual. 11.0 MEDICAL PROGRAM A medical program designed to provide selection criteria and medical monitoring is defined in Section 9-1 of the Corporate Safety Manual. This program shall be implemented at all Eagle facilities and operations . Candidates for employment in positions for which medical surveillance programs are required , must successfully complete a pre-employment physical examination , since medical fitness is a condition of employment for the intended job . Specific periodic physical examinations shall be provided based upon potential exposures to toxic materials , stress from physical agents , and regulatory compliance. 12.0 SAFETY TRAINING All new employees of Eagle shall be required to complete new employee safety orientation and hazard communication program training , as defined in Sections 5-3 and 7-2 of the Corporate Safety Manual. Employees are required to complete the orientation program the first week of employment. Those employees who will have potential exposure to hazardous substances, or stress from physical agents , shall be provided safety training specific to those potential hazards . 13.0 EMERGENCY PREPAREDNESS All Eagle locations and job sites shall have a written emergency action plan as outlined in Section 4-1 of the Corporate Safety Manual and shall practice this plan . The emergency plan shall include programs to prevent and control fires and explosions . Each employee shall receive training in the proper use of portable fire extinguishers , during their new employee safety orientation. It is important to stress that our policy is to fight fires only in their incipient stage, and when the size of the fire presents an immediate danger to life or health, evacuation, not fire fighting , should be the primary objective . Procedure 1-2 Health and Safety Policy Eagle Remediation Services, Inc Corporate Safety Manual 1-2. 3 14.0 OPERATIONS REVIEW All new or modified operations , processes , major capital equipment, or construction shall be reviewed and approved by the Branch Health and Safety Officer in the design or concept stage and upon completion , but before operation , as outlined in Section 8-13 of the Corporate Safety Manual. No new process or equipment shall be operated without written approval of the Branch Health and Safety Officer. Branch Safety personnel are responsible for requesting Corporate Safety assistance as needed. 15.0 SUBCONTRACTORS All subcontracts with Eagle shall contain a requirement that subcontractors comply with all applicable federal , state and local codes and regulations, as defined in Section 6-1 of the Corporate Safety Manual. Company management is responsible for assuring compliance with this Subcontractor provision. 16.0 MANAGEMENT INFORMATION Senior management of Eagle is to be apprised of the current status of the health and safety program by Corporate Safety utilizing a monthly statistical sheet known as "Safety Tracks". 17 .0 RECORDKEEPING Each Eagle Branch is responsible for complet ing and maintaining all records required by Eagle corporate policy and all local , state and federal regulatory agencies. Refer to Section 3-4 of the Corporate Safety Manual for those records required under this paragraph . Procedure 1-2 Health and Safety Policy Eagle Remediation Services, Inc Corporate Safety Manual 1-2. 4 CORPORATE SAFETY MANUAL Procedure No . Date: 1.3 2/21/2008 Eagle Remediation Seroices, Inc. ENVIRONMENTAL POLICY Rev ision: 1 Tota l pa ges: 4 1.0 PURPOSE To establish and define Eagle's commitment to protecting and enhancing the environment. 2.0 SCOPE This policy appl ies to all Eagle operations. 3.0 POLICY Eagle will demonstrate by its actions on a cont inuing basis , its furtherance of the environmental principles set forth in paragraph 4.0 of this section. All Branches of Eagle will be aware of, and have responsibility for , conducting their businesses as responsible stewards of the environment. Eagle will strive to operate beyond compliance in enhancing the environment and protecting public health. Each Eagle Branch will be responsible for implement ing programs to fulfill the following Environmental Principles . 4.0 ENVIRONMENTAL PRINCIPLES PRINCIPLE 1 Eagle is committed to improv ing the environment through the services that we offer and to providing our services in a manne r demonstrably protective of human health and the environment , even if not required by law. We w ill minimize and strive not to allow any releases to the atmosphere , land , or water in amounts that may harm human health and the environment. We will train our supervisors to enhance understanding of environmental policies and to promote excellence in job performance on all environmental matters . PRINCIPLE 2 Eagle will work to minimize the volume and toxicity of waste generated by us and others. We will ope rate internal recycling programs . We will vigorously pursue opportunities to recycle waste before other management practices are applied . Eagle will use and provide environmentally safe treatment and disposal services for waste that is not eliminated at the source or recycled . Procedure 1.3 Environmental Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-3. 1 PRINCIPLE 3 Eagle is committed to the conservation of nature . We will implement a policy of "no net loss" of we t lands or other biological diversity on Eagle 's property . PRINCIPLE 4 Eagle will use renewable natural resources , such as water soils and forests , in a sustainable manner and will offer services to make degraded resources once again usable . We w ill conserve nonrenewable natural resources through efficient use and careful planning. PRINCIPLE 5 Eagle will make every reasonable effort to use environmentally safe and sustainable energy sources to meet our needs . We will seek opportunities to improve energy efficiency and conservation in our operations . PRINCIPLE 6 Eagle is committed to comply with all legal requirements and to implement programs and procedures to ensure compliance . These efforts will include training and testing of employees , rewarding employees who excel in compliance , and disciplining employees who violate legal requirements. PRINCIPLE 7 Eagle will operate in a manner designed to minimize environmental , health , or safety hazards . We will minimize risk and protect our employees and others in the vicinity of our operations by employing safe technologies and operating procedures and by being prepared for emergencies . Eagle will make available to our employees and to the public information related to any of our operations that we believe cause environmental harm or pose health or safety hazards . Eagle will encourage employees to report any condit ion that creates a danger to the environment or poses health or safety hazards and w ill provide confidential means for them to do so . PRINCIPLE 8 Eagle will take responsibility for any harm we cause to the environment and will make every reasonable effort to remedy the damage caused to people or ecosystems . PRINCIPLE 9 Eagle will research , develop , and implement technologies for integrated waste management. Procedure 1.3 Environmental Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-3. 2 PRINCIPLE 10 Eagle will provide information to and will assist the public in understanding the environmental impacts of our activities . We will conduct public tours of facilities , consistent with safety requirements , and will work with communities near our facilities to encourage dialogue and exchange of information on facility activities. PRINCIPLE 11 Eagle will support and participate in development of public policy and in educational initiatives that will protect human health and improve the environment. We will seek cooperation on this work with government, environmental groups, schools, universities , and other public organizations. PRINCIPLE 12 Eagle will encourage its employees to participate in and to support the work of environmental organizations , and we will provide support to environmental organizations for the advancement of environmental protection . PRINCIPLE 13 The Board of Directors of Eagle will evaluate and will address the environmental implications of its decisions. The President and CEO of Eagle will be responsible to the Board of Directors of Eagle and will monitor and report upon implementation of this policy and other environmental matters. Eagle will commit the resources needed to implement these principles. PRINCIPLE 14 Each Eagle Branch will prepare an annual report on their environmental activities . The report will include a self-evaluation of Eagle's implementation of these principles, including an assessment of Eagle's performance in complying with all applicable environmental laws and regulations throughout its nationwide operations. 5.0 DOCUMENTATION Any supporting documentation describing the implementation of these 14 principles shall be retained at all Eagle facilities for at least one year after implementation. Procedure 1.3 Environmental Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-3. 3 6.0 RESPONSIBILITIES All Eagle employees are responsible for helping to identify alternative business practices to reflect these 14 principles. Branch Managers are responsible for developing an environmental program to meet the intent of this section of the Corporate Safety Manual. The Branch Health and Safety Officers will assist Branch Managers in the development of a plan to meet the intent of this policy . 7.0 TRAINING All Eagle employees and new employees will participate in awareness training in the philosophy of these 14 principles. Procedure 1.3 Environmental Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-3. 4 CORPORATE SAFETY MANUAL Proc edure No. Date: 1.4 2/21 /2008 Eagle Remediation Seroices, Inc. INSPECTION POLICY FOR REGULATORY AGENCIES Revi s ion : I Total pa ges : 12 1.0 PURPOSE To provide appropriate guidelines for use in the event of an inspection by a compliance officer of any regulatory agency caused by an employee complaint , accident , or a scheduled general inspection. 2.0 SCOPE This policy applies to all Eagle operations . 3.0 POLICY It is the policy of Eagle to voluntarily comply with all aspects of the Occupat ional Safety and Health Act of 1970 (the Act) and all other regulatory agency codes , ordinances or standards for which Eagle could be held accountable. It is the policy of Eagle to admit any lawfully delegated inspector or health compliance officer who , upon presentation of proper credentials from a local , state or federal regulatory agency , requests entry to conduct a site inspection . This policy , however, is not intended to abridge the constitutional rights of our individual Branches or our subcontractors , who have the right to request a warrant prior to allowing entry for an inspect ion of their work site. Each Branch , and/or subcontractor, must determine their desire for a warrant prior to an inspection , and if they wish one , the inspector must be so informed upon his arrival at the work site . Eagle will not , under any circumstance , discharge or otherwise discriminate against any employee who has exercised any right under the Act or any other regulatory standard , including the right to make safety and health complaints or to request a compliance inspection. Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc . Corporate Safety Manual 1-4. 1 4.0 NOTIFICATION Any recipient of a contact by a compliance officer o r inspector , representing a regulatory agency must immediately notify a member of Corporate Safety and describe the details concerning the contact. Regardless of the type of contact , be it a site visit , a site inspection , a telephone contact or even a letter contact , Corporate Safety must be notified of the contact as quickly as possible and informed of all the particulars concerning the contact. 5.0 CONDUCT OF THE INSPECTION The Inspecting Office r will p resent identification to the supervisor in charge of the project , state the purpose of the visit , and request an opening conference be held with representatives of all subcontractors and workers . In the case of unions , this will be the union stewa rds. When the required personnel have been assembled , the Inspecting Officer will then begin the opening conference with the following : Procedure 1-4 State the nature of the inspection , that is , general or specific comp lai nt , target industry , scheduled inspection , industrial hygiene , etc .; Indicate the approximate length of t ime the inspection will take ; If the Inspecting Officer is from OSHA , he may request copies of the OSHA 200 form , safety programs , accident reports , inspection surveys , etc . The Inspecting Officer may not review any contract documents , other than general conditions and sim ilar front-end documents . If contract documents are requested , refer the Inspecting Officer to Corporate Safety ; Approve members of the inspection party. Each employer has the right to representation ; however, the Inspecting Officer has the right to choose the representative. Disruptive conduct by the employer/employee representatives may be cause for dismissal from the inspection party; Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc . Corporate Safety Manual 1-4. 2 If from OSHA , the Inspecting Office r may generally discuss the purpose of the OSHA Act, its sanctio ns , and the authority vested in the Inspecting Officer by the Act ; and Indicate that at the conclusion of the inspection , a closing conference will be held to advise of any alleged violations noted , to determine corrective dates , and to answer questions. 6.0 BEHAVIOR OF THE INSPECTING OFFICER The function of the Inspecting Officer is to identify conditions and/or acts which he considers unsafe and in violation of the regulatory agency standards promulgated by the regulatory agency he represen ts . In the case of an OSHA Inspecting Officer, this would mean the OSHA Safety and Health Standards , 29 CFR 1926 and 1910 . In the pursuit of his duties , he may go wherever he wishes on the jobsite. He may take any amount of samples or measurements he feels are of importance , photograph objects or personnel , and conduct interviews with employees. He can request copies of any literature , documents , o r those parts of the contract which relate to safety or ind ustrial hygiene . The Inspecting Officer may not , however, violate any known safety regulations. The Inspecting Officer is responsible for providing and wearing whatever personal protective equipment is required for the jobsite. (In the event the Inspecting Officer does not have this equipment with him , and there is appropriate equipment available on the jobsite , it will be offered to the Inspecting Officer at no expense.) Should the Inspecting Officer request to view copies of employee medical records , the Inspecting Officer should be advised that these records will be made available for him to review ; however, these records are not maintained at the jobsite and will have to be obtained from the location in which they are kept. Should the Inspecting Officer request copies of medical records , the Inspecting Officer should be advised to submit a formal request in writing for the specific documents required . Failure to comply with the jobsite safety program is cause for not permitting the Inspecting Officer on the jobsite , or stopping an inspection already under way. Should it become necessary to do this , the supervisor of the project should immediately institute the following procedures : Procedure 1-4 1. Advise t he Inspecting Officer that he is in violat ion of the jobsite safety program and that he cannot conduct the inspection under these conditions . Ask that he comply with the safety program , so that the inspection may begin or con t inue. Inspection Policy -Regulatory Agencies Eagle Remediation Services , Inc . Corporate Safety Manual 1-4. 3 2 . Should the Inspecting Officer fail to do so , discontinue participat ion in the inspection , immediately contact the following persons , advise them of the situation , and request instructions of: • The Branch Manager; • Corporate Health and Safety ; and • T he Area Director to whom the Inspecting Officer reports. The Inspecting Officer may consult with employees regarding matters of safety and health to the extent that it is necessary for the conduct of an effective and thorough inspection . The conduct of the inspection should be such as to preclude unreasonable disruption of the operations at the project. 7.0 MEDICAL SURVEILLANCE AND FIT-TESTING Eagle is not required to verify that a Compliance Officer is actively participating in a medical surveillance program to insure that he or she is medically qualified to enter an asbestos enclosure , nor is Eagle required to verify that the Compliance Officer has , within the past six months , been correctly fit-tested for the respirator he or she is using . 7.1 Medical Surveillance OSHA Regional Administrators and Area Directors are responsible for ensuring that all Compliance Officers who v isit an asbestos jobsite have been med ically cleared via the CSHO Physical Examination Procedure . This medical examination complies with the conditions of OSHA's Medical Surveillance requirements in the new Asbest os Standard , 29 CFR 1926 .1101 . 7.2 Respirator Fit Test Procedure 1-4 OSHA Regional Administrators and Area Directors are respons ible for ensuring that all Compliance Officers are prov ided w ith semi-annual respirator fit-testing in accordance with the requirements of the asbestos standard . Inspection Policy -Regulatory Agencies Eagle Remediation Services , Inc. Corporate Safety Manual 1-4. 4 8.0 LEGAL RIGHTS Under OSHA law , Eagle has the legal right to : refuse to allow an inspection without a warrant ; obtain legal counsel for the inspection ; refuse to answe r questions (lying is illegal); accompany the inspector; request that trade secrets be kept confidential ; refuse to allow employees to be interviewed on the job , if it will interfere with their duties ; and know the inspector's name , t itle and telephone number, as well as that person's supervisor's name . Additionally , under OSHA laws, Eagle's employees also have their rights . These include : a prior appointment must be made before the employee may be approached for an off-site interview; an employee cannot be contacted at home between 9:00 pm and 8 :00 am without prior permission ; interviews are voluntary unless OSHA has a written order; the employee may obtain legal counsel for the interview; the employee may notify the employer of OSHA's activity , if he or she wishes ; and the employee may obtain a written record of the interview . 9.0 SUPERVISOR'S INSPECTION GUIDELINES During the course of the inspection , the supervisor in charge of the project should accompany the inspection party and adhere to the following guidelines : Procedure 1-4 If the inspection is the result of an official complaint , request a copy of the complaint before commencing the inspection ; Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc. Corporate Safety Manual 1-4. 5 Procedure 1-4 Begin a chronological record of the entire inspection. This record should include where the Inspecting Officer goes , which employees he talks to and for how long , whether he returns to a specific location previously inspected , any specific comments he makes regarding the safety program o r suspected v iolations , and in general , a running documentary of the entire inspection . At the conclusion of the inspection , all of the information on this record should be entered into the Supervisor's Daily Journal and the original record forwarded to the Branch Health and Safety Officer, Allow the Inspecting Officer to lead . He will generally look only in those areas in which he has a feeling of expertise and will avoid those areas in which he is not too sure of himself; Do not permit unneeded personnel to linger near the inspection party ; Do not harass , threaten , or otherwise intimidate the Inspecting Officer; Eagle has a right to protect trade secrets and may deny inspection where such is in use . If the Inspecting Officer insists on conducting the inspection in the vicinity of the trade secrets , the supervisor will identify the fact that trade secrets are in use and that the Inspecting Officer must take whatever measures necessary to protect them against disclosure ; When photographs are taken , ask the nature of the suspected violation and record this information . Make every effort to obtain similar photographs for the company , ensuring that your photographs are taken in such a manner so as to duplicate the Inspecting Officer's photographs . If air samples or any other type of samples are taken , try to have duplicate samples taken during the same time period and at the same location or on the same ind ividual ; If the Compliance Officer alludes in any way to a possible violation of EPA's Ade q uately Wet requirements and takes a sample of either free-standing asbestos or the contents of an asbestos containing waste bag , then it is of paramount importance that the superviso r take a similar sample to have tested for moisture content ; At no time should the supervisor admit responsibility for any alleged hazards or violations . Although the supervisor should make every Inspection Policy -Regulatory Agencies Eagle Remediation Services , Inc. Corporate Safety Manual 1-4. 6 effort to "correct" the alleged hazards or violations promptly , he should never offer to do so during the inspection ; Answers to questions posed by the Inspecting Officer regarding jobsite internal safety policy, should be responded to per Eagle 's Corporate Safety Manual. Ensure that each question posed by the Inspecting Officer is fully understood. If not , do not hesitate to ask that these questions be clarified ; and Do not hesi tate to refer the Inspecting Officer to the Regional Health and Safety Director or Corporate Health and Safety Office for clarification of issues or answers to questions that present a problem to the supervisor. 10.0 HARASSMENT Local , state and federal compliance officers , inspecto rs , or similar personnel are not to be harassed , intimidated , or abused . Problems which arise during the inspection , which cannot be resolved , are to be referred to the Regional Health and Safety Office and/or Corporate Safety. Federal and state agencies may impose severe penalties against persons and/or companies who fail to abide with this section . Penalties may include monetary fines and jail terms. 11.0 CONCLUSION At the conclusion of the inspection or contact , the project manager must immediately complete the Regulatory Agency Inspection Report form loca ted at the close of this section . Each item on the form should be filled out in detail , with additional pages attached if necessary. In the event Eagle intends to contest any citation or notice of violation, a deta iled account of the inspection will be absolutely essential. This report must be completed within two hours of the conclusion of the inspection or contact and a copy faxed immediately to the Corporate Safety Office. 12.0 CITATIONS AND PENAL TIES In the event a Citation , Penalty Action or Notice of Violation is received from a regulatory agency , the site superintendent shall immediately notify by telephone , the Regional Health and Safety Director and the Corporate Safety Office . The site superintendent shall make sufficient cop ies of the Citation , Penalty Action or Notice of Violation to retain one copy at the jobsite and to fax a copy to the Corporate Health and Safety Director. The original of the Citation , Penalty Action or Notice of Violation must be forwarded to the Corporate Safety Office , by next-day delivery . Copies of that portion of the Supervisor's Daily Journal which contains any information pertinent to the inspection , copies of air samples taken during the Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc . Corporate Safety Manual 1-4. 7 inspection , photographs taken , or copies of documents requested by the Inspecting Officer, should be forwarded to the Corporate Safety . Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc. Corporate Safety Manual 1-4. 8 The site management shall post a copy of the citation at or near the place where each alleged violation occurred. The citation must be posted for three working days or until the violation is corrected, whichever is longer. Failure to comply with posting requirements, even if the citation is contested , is punishable by a fine. Note: The assessed penalty portion of the fine does not have to be visible while the citation is posted. Upon completion of the inspection, the submission of a written inspection report and the notification from the regulatory agency of any citations and/or proposed penalties, all further communications and related matters will be handled through the Corporate Safety Office. Once the Citation, Penalty Action or Notice of Violation has been received by Corporate Safety, all further communication with the regulatory agency will be handled through the Corporate Safety Office. 13.0 LETTER CONTACT In the event a letter is received from a regulatory agency concerning alleged violations of applicable standards, the site superintendent shall immediately notify by telephone the Branch Manager and the Corporate Safety Manager. Copies of the letter shall be forwarded to the Branch Manager and the Corporate Safety Manager, with the original being forwarded to Corporate Safety for comment prior to response. A response letter should then be drafted by the Branch Manager after conferring with the site superintendent. A copy of the response letter must be reviewed by Corporate Safety prior to forwarding it to the agency concerned . 14.0 TELEPHONE CONTACT All telephone calls from regulatory agency officials must be discussed with the Branch Manager and Corporate Safety prior to making any response or commitment. 15.0 LEGAL REVIEW Corporate Safety is responsible for informing the Eagle President of any regulatory agency contact, inspection, citation, notice of violation, etc., and advising them of any intended action and the outcome. Corporate Safety is also responsible for providing the Corporate General Counsel with copies of all correspondence from a regulatory agency, reviewing the circumstances involved and discussing future actions to resolve the problems. Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc. Corporate Safety Manual 1-4. 9 16.0 DISCIPLINARY ACTION Any supervisor failing to notify the appropriate Safety Manager of any contact by a compliance officer or inspector representing a regulatory agency , or failing to forward the original copy of a regulatory agency Citation, Notice of Violation, Letter of Complaint , etc ., to the Corporate Safety Office within twenty-four hours of receipt of these documents , will be subject to severe disciplinary action , which may include discharge from employment. Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc . Corporate Safety Manual 1-4. 10 COMPANY CONFIDENTIAL AND PRIVILEGED: Prepared at the request of Legal Counsel in anticipation of litigation . INSPECTION REPORT-REGULATORY AGENCY (To be completed by Senior Project Manager) 1. DATE: Date of Inspection : _____ _ 2. JOB INFORMATION: Job Name : ______________ JobNo . __________ _ JobAddress : __________________________ _ Name of Owner: ___________ Name of Consultant: ________ _ Project Manager: ___________ Was Safety Not ified : YES D NO D 3. IDENTITY OF INSPECTING OFFICERS 1. 2 . Name : ____________ Title : ------------ Regulatory Agency :--------------------- Address: ________________________ _ Telephone No .: _________ _ Name : Title : ----------------------- Regulatory Agency:--------------------- Address : ------------------------- Telephone No .: __________ _ Affix copy of Compliance Officer(s) business card here: Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services, Inc. Corporate Safety Manual 1-4. 11 4. REASON FOR INSPECTION: As Stated By Inspecting Officer (Check one ) Employee Complaint * Random or Scheduled Inspection Special Emphasis Inspection Response to a Reported Incident Follow-up Inspection Customer or Other Contractor Inspection** * ** If an employee complaint, request and attach a copy of the complaint. If custome r or other contractor inspection , provide the following : Company Name :----------------------- Address : -------------------------- Manager: ______________ Phone No .: ______ _ 5. MUL Tl-EMPLOYER JOB SITE: Is this a multi-employer worksite : __ YES 6. OPENING CONFERENCE: NO Attendees , name and title :------------------------ Significant remarks made at open ing conference : (Identify by name . Attach additional page(s), if necessary . 7. DOCUMENTS REQUESTED BY INSPECTING OFFICER: (Check as appropriate) Procedure 1-4 OSHA200 Log Accident Reports Audiograms Notification Other (Please list below) Inspection Policy -Regulatory Agencies Eagle Remediation Services , Inc. Corporate Safety Manual 1-4. 12 Medical Records Exposure Records Posted Requirements Disposal Records 8. INSPECTION PROCEDURE: (Use extra page(s) if necessary) Names and titles of pe rsons participating in the inspection : Describe the inspection in deta il: (Include routes taken , etc .,) Describe in detail , any significant comments made by anyone during inspection : Describe in detai l, any measurements or samples taken during inspection : Describe in detail , any photographs taken during inspection : 9. INTERVIEWS: Identify persons interviewed and describe remarks : (If known ) 10. CLOSING CONFERENCE: Describe closing conference : (Identify pe rsons p resent) Describe any comments regarding proposed citations , notice of violations , etc.: 11.0 ATTACHMENTS: Add add itional attachments if appropriate. Procedure 1-4 Inspection Policy -Regulatory Agencies Eagle Remediation Services , Inc. Corporate Safety Manual 1-4. 13 CORPORATE SAFETY MANUAL Procedure No. Date: 1.5 2/21/2008 Eagle Remediation Services, Inc. SAFETY COMMITTEE POLICY Re v ision: 1 Total page s: 2 1.0 PURPOSE To define the composition , duties and responsibilities of safety committees. 2.0 SCOPE This policy applies to all Eagle operations. 3.0 POLICY In order to achieve the requirements of paragraph 8.0 of Eagle's Health and Safety Policy , Section 1-2 of the Corporate Safety Manual , Safety Committees shall be organized at each level of operation , Corporate and Branch . Typically , these committees should consist of the senior member of management and his/her staff. In addition to meeting at least monthly to review the adequacy of the Company's safety and health program , and its safety performance , the committee shall be active and function as described in this Section . 4.0 REQUIREMENTS • • • A committee shall be maintained at each of the three (2) major management levels to provide opportunities for involvement in the program. (Corporate and Branch). These committees shall meet on a regularly scheduled basis, as indicated below. Meeting activities shall be documented . 5.0 DUTIES AND RESPONSIBILITIES: 5.1 Corporate Safety Committee: • • • Procedure 1.5 Shall promulgate Safety and Compliance policy . Shall define and promulgate Safety and Compliance objectives for the company. Shall regularly review the status and direction of the Safety and Compliance program . Safety Committee Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-5. 1 • Shall meet at least quarterly . 5.2 Branch Safety Committee: • • • • • Shall review Eagle and Company Safety and Compliance policies and procedures and develop supplemental rules , guides , etc., as required by their operations . Shall regularly review the status and direction of Branch Safety and Compliance activities for consistency with Eagle and Corporate programs and objectives. Shall develop and implement programs to promote management and employee participation and involvement in Safety and Compliance activities . Shall review Branch accident and incident experience and assure program priorities are addressing causal factors . Shall meet at least twice monthly . 6.0 COMPOSITION • • Procedure 1.5 The Corporate should be comprised of the senior member of the entity and his appointees. Branch Safety Committees should be composed of the Branch Health and Safety Officer, Branch Manager and appointees. Employee participation on this committee is optional with the Branch . Safety Committee Policy Eagle Remediation Services, Inc. Corporate Safety Manual 1-5. 2 CORPORATE SAFETY MANUAL Procedure No. Date : 2.1 2/21 /2008 Eagle Remediation Services, Inc. CORPORA TE SAFETY MANUAL Rev is ion: 1 Tota l pages : 4 1.0 PURPOSE To provide information on the method of preparation , review , approval , distribution , and control of the Corporate Safety Manual. 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY To prov ide a Corporate Safety Manual containing the necessary policies and procedures to successfully comply with regulatory agency requ irements and good safety and health practices in our efforts to maintain a safe working environment. 4.0 RESPONSIBILITY 4.1 Preparation of the Corporate Safety Manual Corporate Safety shall have responsibility for the preparation and development of the Corporate Safety Manual. This responsibility shall also include all revisions and changes to the Manual. 4.2 Review of the Corporate Safety Manual Company Presidents , Branch Managers , and Health and Safety Officers shall have the option of receiving copies of proposed Corporate Safety Manual for their review and comments prior to publishing . 4.3 Approval of the Corporate Safety Manual Corporate Safety shall approve all sections contained within the Corporate Safety Manual. Additions to the Corporate Safety Manual will not be made without prior approva l. 4.4 Preparation of Correction Notices Procedure 2.1 A Correction Notice will be issued when changing or correcting a standard within the Corporate Safety Manual. If it is limited in scope , minor and does not change the intent of the original section , it need not be submitted for a full review. All Correction Notices shall be filed in front of the applicable section . If a major change is involved , the correction must be reviewed and approved in the same manner as the Corporate Safety Manual , and upon Corporate Safety Manual Eagle Remediation Services , Inc. Corporate Safety Manual 2.1. 1 approval , distributed to holders of the Corporate Safety Manual. 4.5 Preparation of a Change All requests for changes and/or additions to the Corporate Safety Manual should be forwarded to the Corporate Safety Office. The Change or Revision will then be reviewed and approved in the same manner as the original Corporate Safety Manual and assigned the next change or revision number in sequence . The Change or Revision will be distributed to holders of the Corporate Safety Manual. Upon receipt of a Change or Revision , the holder will immediately make the necessary corrections to his/her manual and file the Change Notice in the front of the book. 4.6 Addition of New Sections Additional sections to the Corporate Safety Manual shall be prepared , developed, approved and distributed in the same manner as the original. The same numbering sequence shall be used throughout the manual. 4. 7 Cancellation Notices A Cancellation Notice shall be issued when a section within the Corporate Safety Manual becomes obsolete. The Cancellation Notice shall be reviewed and approved in the same manner as the original, and shall be distributed to all numbered holders of the Corporate Safety Manual. A section may also be canceled , as a part of a Change or Revision . Upon receipt of a Cancellation Notice , the holder shall immediately remove the canceled section and destroy both the section and the notice . 4.8 Annual Review of Corporate Safety Manual Each section within the Corporate Safety Manual shall be reviewed at least annually by Corporate Safety. Reviews of those sections, which result from a change or revision , shall fulfill the annual review requirement. 5.0 CONTROL AND DISTRIBUTION 5.1 Corporate Safety Corporate Safety will be responsible for the distribution of a numbered and controlled copy of the Corporate Safety Manual to each member of corporate management. 5.2 Branch Health and Safety Officers Procedure 2.1 Each Branch Health and Safety Officers will be responsible for the distribution of a numbered and controlled copy of the Corporate Safety Manual to each member of management and to each line supervisor within the Branch Health and Safety Officer's branch . All previous and/or unauthorized copies of this Manual must then be destroyed . Branch Health and Safety Officers will provide Corporate Safety with the Corporate Safety Manual Eagle Remediation Services, Inc. Corporate Safety Manual 2.1. 2 total number of bound Manuals they will need to complete their responsibility. 5.3 Request by Customers or Outside Agencies When requested to do so, the Branch Health and Safety Officers may make an unbound , non-controlled copy of the Corporate Safety Manual available to any local , state or federal regulatory agency. Unbound , non-controlled copies of the Corporate Safety Manual that are required for pre-qualification bid packages, sub-contractors , and customers , will be the responsibility of the Branch involved . 6.0 PROGRAM MAINTENANCE Each holder of a Corporate Safety Manual shall be responsible for the following : Maintaining the assigned Corporate Safety Manual by filing new sections , Correction Notices , Changes or Revisions , and/or Cancellation Notices when received ; Destroying all canceled sections , superseded Correct ion Notices , and Changes or Revisions , as directed by this office ; and Returning the Corporate Safety Manual to the responsible Branch , if the document is to be transferred to another individual , is no longer required , or upon termination of employment. Each Branch Manager is responsible for the following : Maintaining a sufficient supply of bound and controlled copies of the Corporate Safety Manual ; and Distributing new manuals and/or changes and corrections to the manuals . Changes , additions and cancellations to the Manual will be distributed in the same manner as outlined above. 7 .0 ADDITIONAL COPIES Whenever a completely revised and updated Corporate Safety Manual is issued by Corporate Safety, the initial supply of bound and controlled copies will be furnished by Corporate Safety based upon the numbers provided by each Branch Procedure 2.1 Corporate Safety Manual Eagle Remediation Services, Inc. Corporate Safety Manual 2.1. 3 Health and Safety Officer. Once these initial copies have been distributed , the printing and binding of add it ional controlled copies of the Manual will be the responsib ility of the Branch involved . 8.0 LICENSING REQUIRED AMENDMENTS In the event a specific state or local agency requires an amendment to the Corporate Safety Manual for purposes of licensing , a written request , including all pertinent information , must be forwarded to the Corporate Safety Office by the Branch applying for licensure . Corporate Safety will then make the necessary amendments . Copies of these amendments will then be distributed to those specific Eagle Branches that are within the area governed by this license. 9.0 JOBSITE SPECIFIC REQUIRED AMENDMENTS In the event a specific jobsite or customer requires an amendment to the Corporate Safety Manual for purposes of the specific p roject's regulations and policies , a written request , including all pertinent information , must be forwarded to Corporate Safety by the project superintendent. Corporate Safety will then make the necessary amendments and forward them to the project superintendent with a copy to the appropriate Branch Health and Safety Officer. Procedure 2.1 Corporate Safety Manual Eagle Remediation Services, Inc. Corporate Safety Manual 2.1. 4 CORPORATE SAFETY MANUAL Procedure No. Date: 2.2 2/21/2008 Eagle Remediation Services, Inc. SAFETY RULES and REGULATIONS Revision: I Total pages: 2 1.0 PURPOSE To provide a code of conduct which will allow for a smooth operation of the jobsite with as little time loss as possible due to violation of safety rules and regulations. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY All personnel working for Eagle will at all times, while present on the job site or Company property, comply with the following established Safety Rules and Regulations. A copy of the Eagle Safety Rules and Regulations must be posted at all jobsites, in such a manner and location, so that it is readily available to all employees of the project. 4.0 GENERAL REQUIREMENTS Compliance with the Safety Rules and Regulations is considered a condition of employment, and as such , disciplinary action may be taken for violations of these Safety Rules and Regulations , as warranted. The Safety Rules and Regulations have, therefore, been integrated with the Company's disciplinary system wherein noncompliance with such rules and regulations can and will evoke certain specific disciplinary actions by management. 5.0 SAFETY RULES AND REGULATIONS The Eagle Safety Rules and Regulations have been compiled and reviewed by Company management, for their acceptance, and by applicable employee representatives for their information and support. A copy of the Safety Rules and Regulations will be made available to any employee or employee representative and will be posted on each job site. Safety Rules and Regulations -Page 1 Eagle SAFETY RULES AND REGULATIONS THE FOLLOWING MUST BE ST RICTLY ADHERE D TO BY ALL PE RSONNEL WH IL E ON EAGLE JOB SIT ES AND COMPANY PROPERT Y! Employees must be in "working " clothes and ready for wo rk at the designated starting time . • Employees may take lunch breaks only during designated times and must eat in the area assigned for this while on the job site. There will be no smoking , eating , or drink ing while in the work area . • Personnel will not quit work before the time designated for the conclusion of the work shift . There will be sufficien t time allocated for the removal of work clothes , decontamination , etc. • Employees must report to work each regularly scheduled work day . Continued absenteeism is a violation of these rules . • All personnel are required to comply with Eagle's Alcohol and Drug Free Workplace Policy as a condition of employment. Violation of any portion of this Policy may be cause for immediate discharge . Personnel should not drink alcoholic beverages prior to report ing to work . • Having reported to work , employees are then prohibited from consuming alcoholic beverages during either lunch or coffee breaks . • Personnel must comply with both verbal and written instructions from a supervisor or foreman . While on the job site , personnel must comply with OSHA Safety and Health Standards for the Construction Industry and with each of the safety procedu res required by the Eagle safety program on th is project. All personal work injuries must be reported to a supervisor immediate ly. • All unsafe conditions or unsafe acts must be reported immediately to a superv isor. Unless otherw ise notified , hard hats must be worn by all personnel while on the job site . • Employees must use their personal protective equipment as required by law , including but not limited to , head , hearing , eye , hand , foot , and fall protection devices . When required , protective clothing , including hood and booties , will be worn correctly . • When required , assigned respiratory protectio n equip ment will be worn . If respirators are a requirement of the job , they will not be removed while in the work area for any reason . During working hours , cloth ing appropriate to a construction job must be worn when not in a containment area , including shirts , long pants and work shoes . If air sampling equ ipment has been attached to an indivi dua l, this equipment must be left alone and unobstructed until instructed to remove it. • There will be absolutely no smoking in those areas posted "No Smoking ". Good housekeeping by all personnel is considered mand atory . • Employees will not engage in ma licious horseplay , practical jokes , or mischief while on the job site or Company property. Fighting or attempting bodily injury to another employee or Company visitor whi le on the jobsite or Company property is not permitted . Unauthorized use of, or willful or wanton neg lect in the care and/or use of Company property is not permitted . • The carrying of concealed weapons on the jobsite or Company property is expressly forbidden . Falsifying Company records and/or reports will not be tolerated . Only the person who tags-out or locks-out equipment is all owed to remove such a tag or lock from the equipment. Safety Rules and Regulations -Page 2 CORPORATE SAFETY MANUAL Procedure No. Date: 2.3 2/21/2008 Eagle Remediation Seroices, Inc. VIOLATION and DISCIPLINARY ACTION Revision: I Total pages: 5 1.0 PURPOSE To support the enforcement of good safety performance and to eliminate repeated or continuing safety violations by the use of appropriate disciplinary measures. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Appropriate disciplinary measures will be prepared as a management tool to foster compliance of personnel to the Eagle safety program and those portions of the safety and health standards of such local, state, and federal regulatory agencies , as are applicable . In those cases involving Eagle's employment of Union labor, disciplinary actions may be limited to the terms of the current local, national , or specific project agreement. 4.0 GENERAL 4.1 Each employee who reports for work at an Eagle operating company will be given a safety orientation , as a part of the general hiring practices . During this orientation, the Company's positive attitude toward safety will be stressed and the employee will be advised that at Eagle, safety is a condition of employment. The Eagle safety program will be explained and safety responsibilities will be clearly defined. 4.2 A copy of the Eagle Corporate Safety Manual and a current issue of OSHA's Safety and Health Standards for the Construction Industry, 29 CFR 1926 and those applicable portions of 29 CFR 1910 will be present on each job site. Each employee will be advised as to the location of each of these documents and that they are available for use by the employees during normal working hours . 4.3 Each supervisor and foreman will be required to verbally issue appropriate specific safety instructions to all employees prior to assigning them to work. 4.4 Each supervisor will be responsible for coordinating work with all other Procedure 2.3 Violation and Disciplinary Action Eagle Remediation Services, Inc. Corporate Safety Manual 2.3. 1 supervisors in the work area to ensure that all work is accomplished safely. Procedure 2.3 Violation and Disciplinary Action Eagle Remediation Services, Inc. Corporate Safety Manual 2.3. 2 5.0 RESPONSIBILITY 5.1 Each member of the Eagle Safety Department , the project manager, the project superintendents, and/or project foreman is responsible for enforcement of this disciplinary action program . 5.2 Each employee of Eagle is individually responsible for complying with each of the provisions of the Corporate Safety Manual , in addition to those safety instructions issued by the employee's supervisor , either verbally or in writing. 6.0 WORK PRACTICES A site specific Work Practices form must be completed by a project supervisor for each employee hired to work on that specific job site . In addition to designating the specific job site , the Work Practices form outlines the following items: 1. Work Practices required of the employee ; 2. Cause For Disciplinary Action and/or Termination; 3. Cause For Immediate Suspension and/or Te rmination ; and 4. Reimbursements to Company . This Work Practices form must be read and understood by each employee at the time of the safety orientation . Each employee will t hen be required to sign the form signifying his or her understanding of the conditions of employment. 7 .0 SAFETY VIOLATION The following constitutes a safety violation : Procedure 2.3 • failure to follow a verbal or written ins tr uction pertaining to the employee 's position within the Company; • violating one or more of the Safety Rules and Regulations , as specified in section 2-2 of the Corporate Safety Manua l; • violating local , state or federal regulations pertaining to the work being performed on the project: and • failure to comply with any of the safety procedures set forth within the Eagle Co rporate Safety Manual. Violation and Disciplinary Action Eagle Remediation Services, Inc. Corporate Safety Manual 2.3. 3 8.0 SPECIFIC REQUIREMENTS The following steps will be administered in a fair and non-discriminatory manner: 8.1 All disciplinary actions will be documented and included in the employee's personnel file . 8.2 Each supervisor is responsible for ensuring that each and every employee reporting to him is given appropriate and specific safety instructions and that these instructions are clearly understood by the employee . Whenever language differences become a problem, it will be the responsibility of the supervisor to obtain the necessary measures (such as an interpreter) to overcome the employee 's inability to understand the instructions . 8.3 A violation of the OSHA Standards for the Construction Industry or the Eagle Corporate Safety Manual, will be promptly corrected . The violation should be documented by the supervisor on the Written Warning for Safety Violation form (Exhibit #2) with copies issued to the employee , an appropriate Union representative (where applicable), the safety coordinator , and the employee's personnel file. 8.4 Individual safety rule violations will be assessed on their own merit , with appropriate consideration given to the seriousness of the violation, the effect the results of the violation may have had on other workers, the employee's prior work record , and any previous safety violations . Any disciplinary action to be taken will be coordinated by the Branch's senior field management personnel after discussing the situation with Corporate Human Resources . 9.0 SAFETY COMMITMENT When safety inspections by members of the Eagle safety department disclose violations which indicate an overall lack of commitment to the Company's safety goals, by either workers or supervisors, responsible members of management will be held to the same level of disciplinary action. 10.0 IMMEDIATE SUSPENSION There are some situations where the safety violation is so serious that modifications or total disregard of the steps of progressive discipline is warranted. In these situations , the employee may be suspended , without pay , or terminated at the discretion of the project superintendent. It is suggested however, that in cases of this type, the employee be suspended, without pay, pending the outcome of a full investigation of the incident and the employee's previous safety history. When this method is followed, the results of the investigation should determine the severity of the discipline to be administered . In the event the investigation should determine the employee is entirely without fault in the matter in question, the employee will be reinstated and his or her pay for the period of the suspension will be reimbursed. Procedure 2.3 Violation and Disciplinary Action Eagle Remediation Services, Inc. Corporate Safety Manual 2.3. 4 WORK PRACTICES FOR EAGLE EMPLOYEES Project Name :---------------------Job No .: ______ _ Project Address :------------------------------ 1. WORK PRACTICES REQUIRED OF THE EMPLOYEE Starting time will be AM D PM D. Employee must be in protective clothing and ready to beg in work at this time . Lunch break will be taken from ___ to ___ . Designated eating area for this job is Quitting time will be ____ AM D PM D . This includes time for decontam ination . All personal protective equipment required by Eagle for this project must be utilized . This may include such items as protective coveralls , hard hats, gloves , respirator, goggles , safety glasses , boots , etc . If you are selected for Personal Air Monitoring , the air sampling equipment w ill be attached to you . This equipment must be left on and in place until such time as the air monitoring technician has instructed you to remove it. 2. CAUSE FOR DISCIPLINARY ACTION AND/OR TERMINATION Continued absentee ism. Failure to properly use required personal protective equipment. Failure to comply with Supervisor's instructions . Failure to comply with all safety procedures required by this project. Failure to successfully pass a spot check of your respirator during a respirator field test. 3. CAUSE FOR IMMEDIATE SUSPENSION AND/OR TERMINATION The use , sale , possession or being under the influence of alcohol or drugs . Removing your resp irator for any reason while in a regulated work area requiring its use . Smoking , eating or drinking while in a regulated work area . A 2nd offense of fail ing to pass a spot check on the fit of your respirator . 4. REIMBURSEMENT TO THE COMPANY A payroll deduction will be made to cover the cost of any item of capitol equipment assigned to you which is intentionally damaged or lost. Employee's Signature : ______________ Date Employed Signed : _____ _ Social Security No .: ________ Supervisor's Signature :------------- Procedure 2.3 Violation and Disciplinary Action Eagle Remediation Services , Inc. Corporate Safety Manual 2.3. 5 WRITTEN WARNING/ DISCIPLINARY ACTION(S) Project: ______________________ Job No. ________ _ Superintendent: ___________________ Date: ________ _ Eagle Branch:-------------------------------- WRITTEN WARNING FOR SAFETY VIOLATION(S) To : ___________________ Social Security No .: ________ _ (Employee's Name) Date of Violation(s): __________ _ Time of Violation(s): ________ _ Location of Violation(s) Noted : ________________________ _ Type of Violation : Regulatory Agency D Corporate Safety Manual D This is to advise you that on the above date you were found to have violated either a Regulatory Agency Standard and/or a safety requirement of the Eagle Corporate Safety Manual. The violation(s) is noted as follows: You are further advised that repeated violations of prescribed safety rules and regulations will not be tolerated on this project. Violations may result in injury to yourself or your fellow workers , thus we are warning you that should you not correct you r actions and conscientiously observe the safety program on this project , you will subject yourself to further disciplinary actions up to and including d ischarge . (Employee's Signatu re) (Supervisor's Signature) Disciplinary Action Taken: -------------------------- Procedure 2.3 Violation and Disciplinary Action Eagle Remediation Services, Inc . Corporate Safety Manual 2.3. 6 CORPORATE SAFETY MANUAL Procedure No. Date: 3.1 02/21/2008 Eagle Remediation Services, Inc. INCIDENT REPORTING Revision: 1 Total pages: 15 1.0 PURPOSE To describe the procedures for informing management of incidents, to assure timely access to Company resources to help resolve incidents, and to identify federal and state requirements for reporting and recording occupational accidents, injuries and illnesses. To provide Workers Compensation Insurance Claims Service requirements for reporting occupational accident , injury or illness claims. To address procedures for processing occupational accident, injury and illness claims and to establish a method whereby each Branch's accident costs can be charged directly against the profit of the Branch involved. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY All incidents having either an immediate or potential effect on the safety and well being of the Company, its employees and visitors, will be reported and recorded within the time frame allocated. Incidents , which are required to be reported, include, but are not necessarily limited to, the following: Accidents, injuries, spills, fires, vehicle accidents and inspections by regulatory agencies. It is Eagle's policy to voluntarily comply with all employee and visitor accident, injury and illness reporting requirements established by OSHA, State Workers Compensation Agencies, and Eagle's Insurance Claims Service. 4.0 DEFINITIONS: (For this Section) 4.1 Incident -an unplanned event resulting in personal injury, occupational illness, property damage, vehicle or equipment accident , loss of assets, fire or explosion, spill or release, or adverse publicity. 4.2 Spill -every unplanned escape of material solid or liquid, from its primary container , vessel, tank, etc ., regardless of quantity. Routine or intentional leakage to a drip pan or sump is not considered to be a spill. 4.3 Release -any unplanned escape of a vapor, aerosol or gas from its primary container . 4.4 RQ Spill or Release -a spill or release of sufficient quantity of material to exceed the reportable quantity amounts noted in the Department of Transportation Regulations. 4.5 Inspection -any inspection or contact by a representative of a regulatory agency, a public safety department or agent of the customer . rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.1 5.0 INCIDENT REPORTING REQUIREMENTS All incidents must be reported immediately upon notice regardless of severity , medical treatment required , quantity of hazardous substance spilled , regulatory inspection and all auto and/or property damage regardless of estimated cost. All incidents must be reported to the Corporate Safety Office . 5.1 Reporting Sequence All incidents are to be reported by our personnel to thei r Supervisor immediately. The supervisor will notify the Branch Health and Safety Officer (or if unavailable , the Corporate Safety Office). The Branch Safety Officer will then immediately notify Corporate Safety and Branch Manager by phone . Written notifications (i.e . Supervisor's Incident Report, Incident Investigation and doctor's report) are required within 24 hours of incident or first notice to supervisor . All incidents to be reported to the Corporate Safety Office include : accident or injury regardless of medical treatment ; All motor vehicle or equipment accidents w ith injuries involved ; All Fires or explosion with or without injuries and regardless of damage ; All spills and/or releases of hazardous substances regardless of quantities involved . All regulatory agency visits to job site ; Job shutdown due to emergency or regulatory action ; and Incidents involving media attention . Incidents to be reported to Corporate Secretary , Wayne Watkins , include: All Motor vehicle , equipment and/or property damage regardless of estimated cost of damages ; All Spills and/or hazardous release regardless of quantities involved ; In all cases initial notifications are to be made as promptly as is practical within the time frames noted . rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.2 5.2 DOCUMENTATION The Eagle Supervisor's Incident Report form must be completed in hard copy for all incidents, and copies forwarded immediately to the Branch Manager, the Branch Health and Safety Officer , Corporate Safety Office to the attention of the Corporate Secretary. The Corporate Claims Secretary will complete all state required First Reports of Injury and file them with our workers compensation carrier . The Branch Safety Officer will also copy the Corporate Secretary on all incident related documentation. 6.0 SUPERVISOR'S INCIDENT REPORT A copy of the supervisor's Inc ident Report form must be completed to report each and every incident , which has been described in Paragraph 3.0 of this procedure. Provide complete information in all the spaces provided . Do not leave any spaces blank. If not applicable , indicate this with N/A in the space allocated . Do not use nicknames when entering the employee 's name . Provide the facts associated with the incident but do not make assumptions . Record what is known or observed . Be complete and concise in your description of the incident and the employee activity . If you have questions , contact the Branch Health and Safety Officer or Corporate Secretary for assistance . 6.1 OSHA Recordkeeping The section at the bottom of the form , related to OSHA recordkeeping for job-related injuries and illnesses is extremely important and must be completed as accurately as possible by the Branch Health and Safety Officer. Check only the appropriate box for each of the four questions asked . Indicate whether the incident is OSHA recordable , injury or illness and then classify the case in accordance with paragraph 9.0 of this procedure . 6.2 Inspection Report If the incident being reported is the result of a regulatory agency inspection , the supervisor is to complete the Regulatory Agency Inspection Report in lieu of a supervisor's Incident Report . This inspection report is found in Section 1-4 of the Corporate Safety Manual , entitled Inspection Policy -Regulatory Agencies . All regulatory inspections are to be recorded on the branch log of regulatory inspections and included with your Monthly Branch Reviews submission to the Corporate Safety Office . 7.0 INCIDENT NOTIFICATION SCHEDULE Designated safety and management personnel are responsible for ensuring the completion of an Incident Notification Schedule for each Branch within the Company 's. In an effort to assure contact , wherever possible , it is suggested that all telephone numbers be included on the Incident Notification Schedule , including resident numbers , mobile phone numbers and pager numbers. rocedure 3.1 Incident Reporting Eagle Remediation Services , Inc. Corporate Safety Manual 3.1.3 Each jobsite shall post a copy of the completed Incident Not ification Schedule form next to each telephone . If there are no telephones on site , the senior person on the job shall keep a copy of the list in his possession . Branch and Corporate Safety personnel and all personnel named as alternates on the Incident Notification Schedule shall maintain completed notification sheets for the next two levels up the program. Verbal reports must be given to a person and not to a recording device , voice mail , etc . If the first person on the list cannot be contacted , call the second . 8.0 EMPLOYER'S FIRST REPORT OF INJURY Each state within the United States has eithe r developed its own employer's First Report of Injury form or has indicated a willingness to accept a suitable substitute . Generally , where a state does not have its own form , the acceptable substitute is that form used by the employer's Workers Compensation Insu rance Claims Service . Responsibility for the completion of these forms is that of the Corporate Secretary. 9.0 OSHA 300 LOG The OSHA 300 Log is requ ired by the Occupationa l Safety and Health Administration as a method of recording certain occupational injuries and all occupational illnesses . OSHA has established a criterion for what are recordable injuries and illnesses . Only those injuries or illnesses that fall within their definitions must be recorded on the OSHA log . 9.1 Guidelines For Determining OSHA Recordability The information contained in these guidelines has been taken directly from the U.S . Department of Labor Part 1904 Regulations entitled "Reco rdkeeping Guidelines for Occupational Injuries and Illnesses " and should assist you in making the appropriate determination , as to what is considered recordable and what is considered first aid. Corporate Safety personnel retain added references , so in the event of questions please contact them for assistance . The OSHA 300 Log is used to classify work-related injur ies and illnesses and to note the extent and severity of each case. When an incident occurs , use the Log to record specific details about what happened and how it happened . Choose one of these categories to classify the case by recording the most serious outcome of the case : rocedure 3.1 Incident Reporting • (J) (Other Recordable Cases) being the least serious and column • (G) (Death) being t he most serious . • (H) (Days away from work). When an injury or illness involves one or more days away from work , (beyond the date of injury), you must record the injury or illness in column (H) • (I) (Job transfer or restriction). Restricted wo rk occurs when , as the result of a work- related injury or illness : (1) keeps the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work ; or (2) A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.4 he or she would otherwise have been scheduled to work . In this case you must record the injury or illness in column (I). Both lost and restricted days have a "cap" of 180 calendar days . You are not required to keep track of days beyond the "cap ". The Branch Safety Officer must differentiate between OSHA recordable cases and first aid cases in determining OSHA recordability and should not log first aid cases on the 300 Log. 9.2 Completing the OSHA 300 Log Immediately upon mobilization at the jobsite , the uppe r portion of the OSHA 300 Log should be filled in with the required information. Completion of this portion of the Log makes the Log immediately current. At the completion of each page of the Log , the totals line at the bottom of the Log should be completed also. These totals should be carried over to the next page of the Log . A recordable injury or illness must be entered on the OSHA 300 Log within seven (7) working days of a supervisor becoming aware of the injury or illness . The OSHA 300 Log should be maintained on the job site if the job site is fixed and has office facilities. If, however , the jobsite varies from day to day, then the form should be maintained at the Branch office . A master OSHA 300 Log will be maintained for the Branch at their office. This however, does not relieve the jobsite from the requirement to have a site specific OSHA 300 Log for the jobsite . The master OSHA 300 Log must be maintained for a period of five (5) years . 9.3 Posting Requirements The Summary - a separate form -shows the work-related injury and illness totals for the year in each category. At the end of the year , count the number of incidents in each category and transfer the totals from the 300 Log to the Summary . Then post the Summary in a visible location so that our employees are aware of injuries and illnesses occurring in their workplace. You don't post the 300 Log. You post only the Summary at the end of the year. You must post t he Summary by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year. The OSHA 300 Log does not have to be posted during any other period , and should be kept in an appropriate file at the location . 9.4 Forwarding OSHA 300 Logs At the end of each year, or upon completion of the project , all of the OSHA 300 logs must be completed and forwarded immediately to the Branch office. Each branch is required to maintain the ir orig inal 300 logs and 300A summaries for a period of five (5) years. The Branch Health and Safety Officer will be responsible for forwarding a copy of the signed year end master 300 Log and forward original cop ies to the Corporate Safety Office within the first week of the New Year. 9.5 OSHA 300 Monthly Reporting rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.5 As a part of the monthly reporting of safety statistics to Corporate Safety, Branch Health and Safety Officers are required to submit a consolidated OSHA 300 Log for each Branch within their jurisdiction . 9.6 LOG OF FIRST AID TREATMENT All work-related inju ries , regardless of severity , must be reported and entered on the Log of First Aid Treatment. If the injury is OSHA recordable , it should also be entered on the OSHA 300 Log . 10.0 APPROACH FOR HANDLING ACCIDENT OR INJURY 10.1 General Upon the occurrence of an accident or injury, prompt and appropriate attention and assistance must be provided to the party or parties involved. Supervisory personnel will conduct a timely invest igation to obtain the deta ils of the accident and take immediate precautions to prevent its recurrence . They are to make notifications as specified in paragraph 5.0 of this section. Appropriate record ing and reporting procedures will be initiated and the required forms completed within the time frame allowed . 10.2 Procedures For Handling Accidents Resulting In Injury Or Illness Step #1 -Log of First Aid Treatment All reported injuries and illnesses must be entered on the F irst Aid Log . Step #2 -Care Management When an accident occurs in which there is either an injury or illness or a suspected injury or illness requiring off site medical care , transport will be arranged , the employee will be accompanied by a supervisor, foreman or Health & Safety Officer to the medical care facility and appropriate and t ime ly medical attention secu red for the party or parties involved . If the medical care facility is not an established Industrial or Occupational Care Facil ity , then prior to transport and to the extent practical , the top half of the "Care Request and Referral " form should be completed and accompany the injured person to the medical care facility and completed by the medical provider. The primary purpose of this form is to : rocedure 3.1 Incident Reporting Authorize the medical provider to provide treatmen t; Provide information from the site to the physician on the accident , injury , and any treatment provided ; Remind the phys ician of our commitment and ability to conduct early return to work and modified duty programming ; and Eagle Remediation Services , Inc. Corporate Safety Manual 3.1.6 Require the medical provider to furnish answers to specific questions concerning the employee's cond ition and restrictions affecting ability to return to work . Distribution of Care Request and Referral after receipt back from the clinic or physician: Copy to Branch Manager; Copy to Branch Health and Safety Officer; Copy to Corporate Safety , to Attention : Corporate Claims Manager; and Copy to be retained by foreman or supervisor for job records. Step #3 -Supervisor's Incident Report The foreman or supervisor of the area in which the accident occurred should immediately determine the factors that led to the incident and take the necessary precautions to prevent its recurrence . He should then complete the supervisor's Incident Report form in detail , answering each question with sufficient information to enable management to make out a comprehensive report of the accident It is required that the Branch Safety Officer sign the Supervisor's Incident Report assuring that it is complete and accurate. Distribution of Supervisor's Incident Report: Copy to Branch Manager; Copy to Branch Safety Officer; Copy to Corporate Safety, Attention: Corporate Secretary ; and Copy to be retained by foreman or supervisor for job records. Step #4 -Employer's First Report of Injury The Employer's First Report of Injury will be completed by the Corporate Secretary from the information contained in the supervisor's Incident Report , Incident Investigation form and the "Care Request and Referral" or equivalent doctor's report . An Employer 's First Report of Injury will be completed on every accident in which an employee has reported and occupational injury or illness. This includes all cases regardless of medical treatment. 11.0 REPORTING OF FATALITY OR MULTIPLE HOSPITALIZATION ACCIDENTS Employers must report to the local OSHA area office , every accident that results in one (1) or more deaths or in hospitalization of three (3) or more employees. The report must be made within eight (8) hours after the occurrence of the accident. It can be made either orally (by telephone) or in writing to the OSHA Area Director. In those states with approved safety and health plans , the report must be made to the state agency, which has enforcement responsibilities . rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1. 7 Note: Eagle policy requires that only the Corporate Safety Officer, or his designate, shall have the authority to notify OSHA in the event of a fatality , or the hospitalization of three or more employees. rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.8 SUPERVISOR'S INCIDENT REPORT Branch Locat ion : oject Name : Project Address : Jobsite Phone : Report Date : ------ Job No .: ______ Superv iso r: ----------- Street Address City /State /Zip County Proj ect Manager: ----------- If yes , please provide info rmation below : Is project covered by Owner Controlled Insurance Po li cy (OCIP)? D Yes No D Policy Number: Ins urance Carrier: Is L VI responsible fo r incident reporting? Oves No D Claims Contact: ---------------------- Name Num be r EMPLOYEE INFORMATION: Employee's Name : Soc. Sec . No : Date of Birth : Ad d ress : Phone No .: Street Address Sing leO City/State/Zip MarriedD County Divorced D No . of Minor Depende nts : Employee 's Marita l Status : Date of Hire : Occupation : -------------Years Experience in this Occupation : Full Pay for Day of Incident? Shift Start/End Time : -------Days Per Wee k/Hou rs Per Day : Yes or No Include AM or PM Wage Rate : Per Hou r ------Were Safeguards or Safety Equipment Provided ? _____ Were they used? ___ _ Yes or No Yes or No Substance Abuse Testing : As a result of this incident , was employee : Drug Tested ? Alcoho l Tested ? ----- Yes or No Yes or No INCIDENT INFORMATION: Date of Incident: T ime of Incident: Date & T ime repo rt ed to Superviso r: Witness(s) Name : ,pe of Injury : Name of Medical Provider: Med ical Provider Address : Descripti on of Incident: Employee Activity at time of Incident: Description of Propery Damaged : OSHA 300 LOG INFORMATION: Is Incident OSHA Recordable? If Co lumn J , Specify Treatment: Dves 0No D Sutures LJ Prescription (s) Include AM or PM Include AM or PM W itne ss Home No .: Part of Body Affected : --------------- Phone No : Street Address (To be completed by the Safety Office r) Classify the Case: D Column G D ColumnH D Other : (Specify ) D Co lumn I D Co lumnJ ----------- City/State/Zip Check: D Injury D Illness Supervisor's Signature: Safety Officer's ____________________ S ignatu re : rocedure 3.1 Incident Reporting Forward Copies to : Co rporate Safety Office, Branch Safety, Branch Manager and Company President Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.9 INCIDENT NOTIFICATION SCHEDULE BRANCH: ------------- Call the following personnel until you personally notify one of them of the incident. Name Name Name Name rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Day Telephone Day Telephone Day Telephone Day Telephone Corporate Safety Manual 3.1.10 Night Telephone Night Telephone Night Telephone Night Telephone GUIDELINES FOR DETERMINING OSHA RECORDABILITY Whenever an injury or illness meets the following criteria , it must be recorded on the OSHA 300 Form . Death ; Days away from wo rk ; Restricted work or transfer to another job ; Medical treatment beyond first a id ; Loss of consciousness; and A significant injury or illness diagnosed by a physician or other licensed health care professional. Note: In order for an injury or illness to be recordable , it must be work-related . If an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness . Work-Relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment , unless an exception in 1904.5 (b)(2) specificity applies. OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations , but also the equipment or materials used by the employee during the course of his or her work . While most of the above are clear cut and easily understood , item 4 above , "All work-related injuries requiring medical treatment" forces you to make the decision concerning recordability . In this category , recordable and non-recordable injuries are only distinguishable by the actual treatment provided . That is if the injury actually required medical treatment, as opposed to first aid treatment , it is recordable . If, on the other hand , the injury is such that only first aid treatment is required , regardless of who applies the first aid , it is not a recordable incident. The following guidelines will assist in determining the difference between medical treatment and first aid treatment. FIRST AID TREATMENT For the purposes of Part 1904 , "first aid " means the following : Using a non-prescription medicat ion at nonprescription strength (for medications available in both prescription and non-prescription form , a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescript ion strength is considered medical treatment for recordkeeping purposes); Administering tetanus immunizations (other immunizations , such as Hepatitis B vaccine or rabies vaccine , are considered medical treatment); Cleaning , flush ing or soaking wounds on the surface of the skin ; Using wound coverings such as bandages , Band-Aids™, gauze pads , etc .; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures , staples , etc ., are considered medical treatment); Using hot or cold therapy ; rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.11 Using any non-rigid means of support , such as elastic bandages , wraps, non-rigid back belts , etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes); Using temporary immobilization devices while transporting an accident victim (e.g., splints , slings , neck collars , back boards , etc.). Drilling of a fingerna il or toenail to relieve pressure , or dra ining fluid from a blister; Using eye patches ; Removing foreign bodies from the eye using only irrigation or a cotton swab ; Removing splinters or foreign material from areas other than the eye by irrigation , tweezers , cotton swabs or other simple means ; Using finger guards ; Using massages (physical therapy or chiropract ic treatment are considered medical treatment for recordkeeping purposes); or Drinking fluids for relief of heat stress . Note: There are no other procedures included in first aid treatment. This is a complete list of all treatments considered first aid for Part 1904 purposes . rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.12 CARE REQUEST and REFERRAL Branch : ------------Supervisor: ----------------------- b Name : ---------------------------Date : --------- Jobsite Address : -------------------------Ph one No : _______ _ EMPLOYEE INFORMATION: Full Name : ---------------------------Occ upation : ______ _ Soc. Sec . No .: ----------Date of Birt h: ---------Phone No : --------- Add ress : --------------------------------------- 1 hereby authorize the treating Hospital , Clinic, and Physician(s) to release to my current employer or to any insurer of said employer, all information regarding my exam i nation, condition and/or treatment. Signature of Employee: ------------------------Date : _____ _ INJURY INFORMATION: Date and T ime of In j ury : ---------W here Injury Occurred : ----------------- Employee 's Injury Complain t: -------------------------------- Treatment Author ized By : -----------------T itle : --------------- Doctor/Hospita l/Cli nic : Employee Transported to Above By : ----------------Has Safety Been Notified : Yes D No D INSTRUCTIONS TO ATTENDING PHYSICIAN Physician is requested to contact employee's supervisor before releasing employee. Physician is requested to provide following information and return form to company representative accompanying patient. Physician is requested to prescribe "Over the Counter" medications whenever possible. Physician is requested to provide very clear instructions on modified duty restrictions to ensure compliance. NOTICE TO PHYSICIAN EAGLE has a transitional return to work program can accommodate ANY RESTRICTIONS, which you feel are medically necessary, and can also allow for continued medical treatment until a return to regular job duty release can be obtained. TO BE COMPLETED BY ATTENDING PHYSICIAN: Date and Time of V isit: -----------Diagnosis : -------------------- Treatment and Med ication (s) Prescribed : ----------------------------- IN YOUR OPINION , EMPLOYEE SHOULD: D Return to Full Duty On-------D Take __ days off work D Return for follow-up on : ______ _ D Fill Prescription for Med ication D Keep dressing clean & dry D Return to Modified Duty (see below) on------- WORK RESTRICTIONS : If employee is restricted , please check appropriate box. D Lifting 0-25 lbs . D Lift ing over 50 lbs . D Cl imb ing D Pushing D Standing D Walk ing D Bending D Kneeling D Lift ing 25-50 lbs . D Reaching Overhead D Other: ----------------- Comments I Added Description : -------------------------------- Signature of Attending Physician : ------------------------------- Forward Copies to: Corporate Safety Office, Branch Safety Officer, Branch Manager, Corporate Claims Manager. rocedure 3.1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3.1.13 Eagle Remediation Services, Inc. Branch Office/Location DOI Time of lniurv Procedure 3-1 Incident Reporting Employees Name Eagle Remediation Services, Inc. Corporate Safety Manual 3-1.14 Employees Occupation (A ) 1st A id (E) Recordable LOG OF FIRST AID TREATMENT-YEAR 20_ (X) W /C not OSHA IXXl Not W ork Rel ated Supervisor's Nature of injury Source of injury Project Injury Code Name OSHA 's Form 300 Log of Work Related Injuries and Illnesses Attent ion : This form conta ins information relating to emp loyee health and must be used in a manner that protects the confidentia lity of employees to the extent possible while the information is be ing used for occupational safety and health programs . You lllJSt record in formation about every work-related death and about every work-related in)Jry or illness that involves loss of consciousn ess , restricted work activity or job tra nsfer , days away from work , or medical treatment be yon d fi rst aid . You rTNJSt also record si gn ifica nt work-rela ted injuries and illnesses th at are diagnosed by a ph ysicia n or license d hea lth care pro fe ssional . Yo u mus t also reco rd wo rk-rela ted in ju ries and Establishment nam e: illnesses tha t mee t any of the specific reco rd ing cri teria listed in 29 CF R Part 1904.8 through 1904 .12 . Feel free to use two lines for a single case if you need to. You mus t colll)lete an lnjJry and Illness Incident Report (OSHA Form 301) or equivalen t form for each in~ry or illness recorded on this form If you're not sure if a case is recordable call your local OSHA offic e for help !l cl ent ify the 13e rson Desc ri be the case Class ify t he case Using these four ca tegories , check ON LY t he most serio us res ult f or each case : (A) (B) (C) (0 ) (E) (F) Describe injury or illnes s, parts of body affected , and object/s ubstan ce that d irectly injured o r made perso n ill . (e .g. Second degree burns on right Days away Cas e # from work Employee's Name Jo b Title Date of injury Where the event occurred forearm from acetylene torch) Death Remained at work (e .g. we lder) or onset of (e .g. Loadi ng dock north end) Other illness Job transfer recordable (month /da y) orrestiction cases (GI (H) (I) (J) 1 ---- 2 ---- 3 ---- 4 ---- 5 ---- 6 ---- 7 ---- 8 ---- 9 ---- 10 ---- 11 ---- 12 ---- Totals 0 0 0 0 Form approved 0MB no . 1218-0176 Year :! City/State : Enter the number of days the injured o r ill Check the "injury" column o r worker was : choo se on e type of illness (M) V l >-O> On the job ~g C -~ 0 ·g V V ~ ~ transfe r or Away from I C ·E. ~ ·5 ~; restriction work "' V 0 </) ct: u a. <( :: (K) (L) (1) (2) (3) (4) (5) days days -- days days -- days days -- days days -- days days -- days days -- days days -- days days -- days day s -- days days -- days days -- days days -- 0 0 0 0 0 0 0 -- V -~ C V V "E 0 ~~ C 0 ~ I ~~ !; Be sure to transfer these totals lo the SL.fflmary page (Form mA before you post ii ~ -~ ·;; </JO ct:U a. <( :: Procedure 3-1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3-1.15 (1) (2) (3) (4) (5) OS ~ Form 300A Summary of Work-Related Injuries and lllnesse: Year: All establishments covered by part 1904 must complete this Summary page , even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary . Using the Log , count the individual entries you made for each category . Then write the totals below, making sure you've added the entries from every page of the Log . If you had no cases, write "O". Employees , former employees , and thier representatives have the right to review the OSHA Form 300 in its entirety . They also have limited access to the OSHA Form 301 or its equivalent . See 29 CFR Part 1904 .35 for further details on the access provisions for these forms . Number of Cases Total number of deaths (G) Total number of cases with days away from work (H) Total number of cases w ith job transfer or restriction (I) Total number of other recordable cases (J) Form approved 0MB no . 1218-0176 Facility Information: Establishment name: Street City State ZIP --- Industry description : Standard Industrial Classification (SIC) if known Employment Information (If you don't have these figures , see the Number of Days Total number of days of job transfer or restriction (K) Total number of days away from work {L) Worksheet on the back of OSHA Form 300A to estimate) Annual average number of employees Total hours worked by all employees last year Sign here Knowingly falsifying this document may result in a fine. Injury and Illness Types Total number of ... I certify that I have examined this document and that to the best of my (M) knowledge the entries are true , accurate , and complete . (1) Injuries (4) Poisonings Company executive (2) Skin Disorders (5) All other illnesses ( ) Phone (3) Respiratory conditions Post this Summary page from February 1 to April 30 of the year following the year covered by the form. Public reporting burden for this collection of information is estimated to average 50 minutes per response , including time to review the instructions, search and gather the data needed , and complete and review the collection of information . Persons are not required to respond to the collection of information unless it displays a currently valid 0MB control number. If you have any comments about these estimates or any other aspects of this data collection , contact: US Department of Labor, OSHA Office of Statistics , Room N-3644 , 200 Constitution Avenue , NW, Washington , DC 20210 . Do not send the completed forms to this office . Procedure 3-1 Incident Reporting Eagle Remediation Services, Inc. Corporate Safety Manual 3-1.16 Title Date CORPORATE SAFETY MANUAL Procedure No. Date: 3.2 02/21/2008 Eagle Remediation Services, Inc. INCIDENT INVESTIGATION and REVIEW Revision: I Total pages: 10 1.0 PURPOSE To provide an outline of the measures necessary to investigate and reconstruct the accident scene, analyze the findings and circumstances involved , and insure the quality of documentation in order to form an accurate understanding of the immediate and basic causes of an accident. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY All employees will be instructed to report any injury, regardless of the apparent severity, to their immediate supervisor as soon after the accident occurs as possible . Each of these accidents will be investigated by management personnel and the results accurately and timely documented. 4.0 GENERAL It can be said that the only purpose accidents serve is to provide us with enough information which will enable us to take appropriate action to prevent similar occurrences on a continuing basis. But this is only true if we learn from our experiences. All accidents, regardless of their apparent severity at the time of occurrence, must be investigated by the worker's immediate supervisor and the results detailed on the Supervisor's Incident Report form. When supplemental information is required, the Incident Investigation Report, found in this Section, should be used. 5.0 SUPERVISOR'S INCIDENT REPORT When an accident occurs it is the responsibility of the injured employee's immediate supervisor to conduct a preliminary investigation of the accident, complete the Supervisor's Incident Report form and take whatever immediate action is necessary to prevent the recurrence of a similar type accident. The Supervisor's Incident Report form must be completed in its entirety. 6.0 INCIDENT INVESTIGATION Each incident should be investigated in order to determine the specific facts as they relate to the incident. The Incident Investigation form should be used to record this factual information . The investigation should commence as soon as possible after the incident is under control, but not later than the first work day after the incident. Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.1 6.1 Investigation Procedure Suggestions 1. Interview witnesses and participants as soon as possible after the incident. In a Class Ill incident , the statement of each should be recorded and signed promptly . No additional interviews should be conducted without advice of Counsel. 2 . Obtain a chronological sequence of events. Do not solicit opinions as to the cause of the incident. 3. Note the location , participants , activity of participants, job number, time and date of incident, etc., in order to describe exactly what happened in detail. 4 . Obtain weather conditions, unless the incident occurred indoors. 5. Ascertain the location and position of any switches , controls , etc ., that may have a connection to the incident. 6. Verify or have verified, the condition of all safeguards used at the time of the incident. 7 . Do not allow any equipment involved in the incident to be removed from the premises or scene of the incident without consultation with legal Counsel. 6.2 Identifying Action to be Taken Procedure 3.2 1. After the initial facts concerning the incident are gathered and analyzed , the action to be taken should be identified . This action is generally based upon the two types of factors typically existing in an incident: Causative and Contributing. Several factors may exist in each of these two categories. • Causative Factors Causative factors are those which are self evident or readily deducted from the observed facts as the immediate reason(s) the incident occurred , e.g. a foreign body in the eye , injured party not wearing eye protection . Causative factor is the failure to use proper eye protection. In more complex incidents , further investigation will often be required to establish one or more causative factors. • Contributing Factors Contributing factors may either underlie the causative factor(s) or combine with them in an ultimate causation. In the former instance, asking why the apparent causal factor was allowed to exist will be sufficient, e .g. why did the injured party not use eye protection. In more complex incidents , further investigation may be required to determine what factors could have combined with the causative factors to result in the incident. Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.2 2 . In tentatively identifying the action to be taken , it should be remembered there may be , in addition to those factors causing or contributing to the incident , other facts and circumstances which should be considered during the investigation. The action to be taken is an o utcome of the facts of the investigation and not an opinion of conjecture based on incomplete or inconclusive information. 7 .0 THE INCIDENT REVIEW PROCESS The primary purpose of the Incident Review Process is to: • insure that key members of management are directly involved in the review of each incident; • insure that all of the facts contributing to the incident are determined ; and • insure that all of the information developed is utilized 1n a timely manner to prevent a reoccurrence of the incident. The Incident Review Process should not be looked upon as a means of determining who is at fault , nor is it intended to be a finger pointing exercise. It is intended to be an extremely useful tool in insuring that key management personnel are involved in the review of each and every incident that occurs . 8.0 THE INCIDENT REVIEW TEAM The Incident Review Team should be composed of each member of management in the chain of supervision which leads from the individual involved in the incident up to and including the Branch Manager. In most cases , this will include at least the following : The Branch Manager The Construction Manager The Supervisor involved The employee involved The Project Manager The Branch Health and Safety Officer The Project Superintendent Any witnesses to the incident And any other member of management, who will derive a benefit from being a member of the Incident Review Team should be included . 9.0 SCHEDULING THE REVIEW An effort must be made to convene the Incident Review as quickly as possible following notification of the incident , and only in ext reme cases should the time of the review exceed 72 hours from the time of the inc ident. All OSHA recordable incidents must undergo an Incident Review Process . Unless otherwise directed by Corporate Safety, the use of the Incident Review Process on all other incidents will be left to the discretion of the Branch Manager. Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.3 10.0 INCIDENT REVIEW FORMAT (Discretionary) An Incident Review Format is attached for your convenience . This is not meant to be a prescribed format , but is only intended to serve as a suggested guideline. Please feel free to either design your own format or use the one furnished. 11.0 CONCLUSION OF THE REVIEW At the conclusion of the Incident Review process on all OSHA recordable incidents, the Branch Manager is required to provide Corporate Safety with a brief summary of the results of the review process and a copy of the completed review. The final disposition of the Incident Review is left to the Branch Manager. Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.4 INCIDENT INVESTIGATION JOB SITE INFORMATION: Branch : _____________________ Report Date : _______ _ Check Incident Type : Injury/Illness D Vehicle D Spill D Fire D Other: ________ _ Date Incident Occurred : Time : AM D PM D -------------------- WHO WAS INVOLVED: Provide name and job title for each individual involved in the incident. Name: ________________ Job Title : _____________ _ Name: ________________ Job Title : _____________ _ Name: ________________ Job Title: _____________ _ DETAILS OF INCIDENT: Describe in detail , exactly what happened. LOCATION OF INCIDENT: Describe exact location where incident occurred . ACTION TO BE TAKEN: Describe in detail , action to be taken to prevent a recurrence of this type of incident.: Person Responsib le for Taking Action : __________ Completion Date : _____ _ Have all parties involved in th is action been notified? Yes D No D Investigated By: __________ Reviewed By : -------------- Forward Copies to: Corporate Safety, Regional Safety , Operating Unit Manager, Corporate Claims Administrator, and Company President. Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.5 INCIDENT REVIEW FORMAT (Discretionary) Job No: Date of Review: Date of Incident: ------------ Employee involved in incident: DIVISION: Initial: Other: ------------------------------- Operating Unit Mgr. Employee : Supervisor Superintendent Project Mgr. Construction Mgr. Safety Mgr. Claims Mgr.(worke(s Comp) I. INTRODUCTION • This is an Incident Review , not an interrogation. • What is the status of your injury/health at this time? • We appreciate your attendance, please understand, no one is in trouble, we are making an effort to determine how to prevent a similar occurrence in the future. II. REVIEW THE FOLLOWING DOCUMENTS • Supervisor's Incident Report • Incident/Accident Investigation Report (Site) (If Completed) • Safety Meeting Report (Day before incident, day of incident, day after incident) • Complete information from medical provider(s) • Employee's Personnel File (Hire date, wage , training , previous incidents , violations , etc .) • Photographs of scene of incident (At least two different angles) • Drug and/or alcohol test (If required , by who , why , results, disposition) Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.6 Ill. WORK HISTORY OF EMPLOYEE INVOLVED IN INCIDENT • How long have you been in this industry? With Eagle ? Locally? • What other companies have you worked for? What positions? Which projects? What duration? • Provide your Eagle work history in detail: Your Supervisors? Projects you worked on? Your duties? Your responsibilities? • List any other construction experience you may have had: • Provide details of any previous incidents you have been involved in : IV. QUESTIONS DIRECTED TO EMPLOYEE INVOLVED IN INCIDENT • What time did this incident occur? On which sh ift? Exact location where incident occurred? • Did you require medical attention? If yes , did you receive it? Who provided the medical attention? When was it provided? On what date was it provided? Describe the type of medical attention that you received? Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.7 • Details : Please describe , in your own words , exactly what happened . State the sequence of events leading up to the incident, during the incident, and immediately following the incident. • How many people were involved in this incident? • Please act out this incident. (Use minimal props , as needed) • Exactly what do you think caused this incident? • Were any other trades around at the time of the incident? • Who was your immediate supervisor when the incident occurred? • How far away from you was your supervisor at the time of the incident? • When was an appropriate supervisor notified of the incident? • Who investigated the scene immediately following the incident? • How many people were in your crew at the time of the incident? • Who was in your immediate area just before and/or during the incident? • Who was giving you directions at the time of the incident? • Who was the closest person to you at the time of the incident? • What was this person doing at the time of the incident? • Describe exactly what you were doing at the t ime of the incident. • Who instructed you to perform the task involved in the incident? • Did this incident involve an elevated work station? If yes, what were you standing , climbing or sitting on? If yes , were you wearing a safety harness? If yes , were you properly tied-off? • Was there a safety tool box meeting held that day? If so , who gave it? What was the topic? Did you attend it? Who else was in attendance? Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.8 • Was a safety tool box meeting held after the incident to explain what happened and how to avoid a similar incident? • Describe the Personal Protective Equipment (PPE) you were wearing or using at the time of the incident: • What was the condition of the PPE that you were wearing or using? • Was there any item of PPE that you should have been wearing or using at the time of the incident that you were not wearing or using? • Were there any unusual environmental conditions affecting this incident? Did the weather affect it? Was there anything else that could have affected it? • Was anyone given a Safety Violation as a result of this incident? • Were there any terminations or other disciplinary actions resulting from this incident? • Do you think this incident was the result of an unsafe act? If so , had others repeated this unsafe act before you? • Prior to the incident, did you think the act was unsafe? • Do you feel that you have ever been asked to perform an unsafe act? • Was this condition repeated or eliminated? • Do you believe there are unsafe conditions still present on the job site? • One last time , please state what you believe to have been the cause of the incident: V. QUESTIONS DIRECTED TO MEMBERS OF INCIDENT REVIEW TEAM • What do we now believe is the direct cause of the incident being reviewed? • What do we now believe are the indirect causes of the incident being reviewed? • How could this incident have been prevented? • List at least five steps being taking to prevent this type of incident from reoccurring? • Could this incident have been more severe? • Did this incident result in an OSHA recordable injury or illness? If yes , why? Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.9 • Even though the incident occurred, could we have prevented it from becoming an OSHA recordable injury or illness? • Are there any lost work days resulting from this incident? If yes , could we have prevented these lost work days from occurring? • Are there any additional items to be discussed before this Incident Review is completed? Procedure 3.2 Incident Investigation and Review Eagle Remediation Services, Inc. Corporate Safety Manual 3.2.10 CORPORATE SAFETY MANUAL Procedu re No. 02 /21/2008 3 .3 Eagle R emediation Services, Inc. OSHA RECORDKEEPING Rev isio n: 1 Total pa ges : 5 1.0 PURPOSE To establish uniform guidelines for compliance with the reporting and record keeping requirements of the Occupational Safety and Health Administrat ion (OSHA). To help identify problem areas and track injuries and illnesses so that Eagle can find ways to prevent them. Good records also enable Eagle to provide information to our employees that will encourage them to follow safe work practices and report workplace hazards . 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Eagle will voluntarily comply with the OSHA Standards (29 CFR Part 1904), display the OSHA Poster, report all accidents resulting in one or more fatalities or the hospitalization of th ree (3) or more employees within the required time frame , and maintain the necessary records of all reportable accidents . 4.0 OSHA RECORDKEEPING FORMS OSHA recordkeeping is not complicated. Only three forms must be maintained . 4.1 The Log of Work-Related Injuries and Illness (OSHA 300 Log) Procedure 3.3 The Log of Work-Related Injuries and Illnesses is used to classify work- related injuries and illnesses and to note the extent and severity of each case . When an incident occurs , use the Log to record specific details about what happened and how it happened . You must enter each recordable injury or illness on the OSHA 300 Log within seven (7) calendar days of receiving information that a recordable injury or illness has occurred , but not every injury or illness occurring in the workplace is recordable. A list of first aid treatments can be found in Section 3-1 .10. However, if a work-related injury or illness results in medical treatmen t beyond first aid , you must record it on the OSHA 300 Log (found in Section 3-1 .14). Additional assistance to determine which cases are recordable can be found in OSHA Recordkeeping Eagle Remediation Services , Inc. Corporate Safety Manual 3.3.1 Section 3-1.10 of the Corporate Safety Program. 4.2 The Injury and Illness Incident Report (OSHA's Form 301) For every recordable injury or illness entered on the OSHA 300 Log, it is necessary to record additional information on the OSHA Form 301. However, the OSHA 301 is not the only form that can be used to satisfy this requirement. State reporting forms, workers compensation forms, insurance reporting forms , or other reporting forms may be used as supplementary records if they contain all of the items included on the OSHA 301 . Since each state in which Eagle works requires us to complete a state notification form, generally known as the Employers First Report of Injury or Illness , for every recordable accident Eagle will use the Supervisor's Incident Report found in Section 3-1 .8 together with the State reporting form to satisfy this requirement. As with the OSHA 300 Log , the supplementary record must be completed and present within the Company within seven (7) calendar days after the employer has received information that the injury or illness has occurred . 4.3 The Summary of Work-Related Injuries and Illness (OSHA's Form 300A) The Summary -a separate form -shows the work-related injury and illness totals for the year in each category . At the end of the year, count the number of incidents in each category and transfer the totals from the Log to the Summary. Then post the Summary in a visible location so that Eagle employees are aware of injuries and illnesses occurring in their workplace . The OSHA 300A can be found in Section 3-1.15 . You don't post the Log. You post only the Summary at the end of the year. 5.0 LOCATION AND MAINTENANCE OF RECORDS Procedure 3.3 A separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer must be maintained . However, you do not have to keep a separate OSHA 300 Log for each short-term establishment. You may include short-term establishments ' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions . The records may be kept for an establishment at the branch headquarters or other central location only if you can: • Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and OSHA Recordkeeping Eagle Remediation Services, Inc. Corporate Safety Manual 3.3.2 • Produce and send the records from the central location to the establishment within the time frames required by 1904.35 and 1904.40 when you are requ ired to provide records to a government representative , employees , former employees or employee representatives . 6.0 POSTING REQUIREMENTS From February 1st to April 30th, each establishment must post in areas where notices to employees are customarily posted, a copy of the annual summary - OSHA 300A form . Establishments having no recordable injuries or illnesses during the year must enter zeros on the total line and post the form 300A as described . A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonable believes , based on his or her knowledge of the process by which the information was recorded , that the annual summary (OSHA 300A) is correct and complete. The company executive who certifies the log must be one of the following persons : • An owner of the company ; • An officer of the corporation ; • The highest ranking company official working at the establishment; or • The immediate supervisor of the highest ranking company official working at the establishment. 7.0 MONTHLY REPORT OF OSHA RECORDABLES Each month , a report of OSHA Recordable injuries and illnesses (Monthly Branch Review) must be completed for each Branch Manager/President by the appropriate Branch Health and Safety Officer or Designee and forwarded to the Corporate Safety Office in sufficient time to allow for its arrival prior to the 7th day of each month . The Corporate Safety Office will then generate a monthly summary (Safety Tracks) to Corporate and Branch Management. Corporate Management will then use this information in a report to the Board of Directors . 8.0 RECORD MAINTENANCE, RETENTION, AND ACCESS Recordkeeping forms must be retained for five (5) years following the close of the calendar year to which they relate. Additionally , during the storage period, you must update the stored OSHA 300 Logs to include newly discovered recordable Procedure 3.3 OSHA Recordkeeping Eagle Remediation Services, Inc . Corporate Safety Manual 3.3.3 1nJunes or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes , you must remove or line out the original entry and enter the new information . All recordkeeping forms , both current and retained , must be available at the establishment for inspection and copying by the representatives of state or federal OSHA. Note: You are not required to update the annual summary. The OSHA 300 Log will , upon request , be made available by Eagle to any employee , former employee , personal representative, or authorized employee representative for examination and copying by the next business day. You must leave the names on the OSHA 300 Log unless a "Privacy Concern Case " exists (see paragraphs 1904 .29(b)(6) through 1904 .29(b)(9). Access to the OSHA 300 Log and/or OSHA 301 shall be for any establishment in which the employee is or has been employed and covers all logs required to be maintained or retained by the employer. The OSHA 301 (or equivalent reports) will be made available to an employee representative representing employees under a collective bargaining agreement within seven (7) calendar days . Procedure 3.3 OSHA Recordkeeping Eagle Remediation Services, Inc. Corporate Safety Manual 3.3 .4 LVI SERVICES INC. Monthly Branch Review -Year ____ Safety Statistics Month of: Branch Location: 1. Number of Fatalitites (From Column G on your OSHA 300 Form) 2 . Number of Cases with Days Away from Work (From Column H on your OSHA 300 Form) 3 . Number of Cases with Job Transfer or Restriction (From Column I on your OSHA 300 Form) 4 . Number of Other Recordable Cases (From Column J on your OSHA 300 Form) 5 . Number of On the Job Transfer or Restricted Work Days (From Column Kon your OSHA 300 Form) 6 . Number of Days Away from Work (From Column L on your OSHA 300 Form) 7 . Total Number of OSHA Recordable Incidents (Columns G , H , I & Jon your OSHA 300 Form) 8. Total Number of First Aid Cases (Includes Non-Recordable & Record Only Cases) 9. Number of Regulatory Agency Inspections (Please Attach your Log of Regulatory Inspections) 10. Number of Safety Inspections Please Note Any Changes Not Previously Reported: Procedure 3.3 OSHA Recordkeeping Eagle Remediation Services, Inc. Corporate Safety Manual 3.3.5 Prepared by: Monthly Total : Monthly Total : Monthly Total : Monthly Total: Monthly Total: Monthly Total : Monthly Total: Monthly Total : Monthly Total: Monthly Total : CORPORATE SAFETY MANUAL Procedure No: Date: 3.4 02/21/2008 Eagle Remediation Se rv i ce s, Inc. RECORDKEEPING REQUIREMENTS Rev ision: I Tota l pa ges : 4 1.0 PURPOSE To maintain all records required by Eagle and those local , state , and federal regulatory agencies involved , and to assure the retention , availability , and transfer of those records in compliance with the applicable standards . 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY It is the policy of Eagle to voluntarily comply with each of the recordkeeping requirements of all local , state, and federal regulatory agencies having published compliance standards governing the scope of work in which Eagle is involved. 4.0 RECORDKEEPING Asbestos Records : Eagle has made the decision to maintain all of its pertinent asbestos related records for a minimum of thirty (30) years . For personnel records , this will be thirty (30) years follow ing the employee 's last da y of employment , and in the case of job records , it will be thirty (30) years following the completion of the project. These 30 year records will include , but are not necessarily limited to, the records indicated on the List of Mandatory Forms for Personnel Records Retention and the List of Mandatory Forms for Job Records Retention. Although OSHA has now indicated that thirty year retention of certain records a re no longer required for short term employees, Eagle will not differentiate between short and long term employment , but will maintain all personnel , medical and training records for at least 30 years following the employee 's last day of employment. Training Records : Eagle will maintain all employee training records for a minimum of thirty (30) yea rs beyond the last date of employment. Procedure 3.4 Recordkeeping Requirements Eagle Remediation Services, Inc . Corporate Safety Manual 3.4.1 5.0 DOCUMENT STORAGE AND RETRIEVAL Currently Eagle maintains all records at the individual branch offices for the length of time required by the various regulatory agency standards. At some point in time, the records will be transformed from hard copy to electronic copy. The hard copy is then retained in a secured facility, while both the electronic copies are retained in the system and at a storage location. 6.0 TRANSFER OF RECORDS Eagle Remediation Services, Inc . will comply with all requirements concerning transfer of records as set forth in 29 CFR 1910.1020 . Whenever an Eagle subsidiary or affiliate ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the records will be transferred to Eagle for retention . In the unlikely event that Eagle should cease to do business and there is successor employer to receive and retain the records, then Eagle will notify OSHA and NIOSH at least ninety (90) days prior to disposal and, upon request, transmit the records to OSHA. 7.0 AVAILABILITY OF RECORDS Eagle will, upon written request, make all records required to be maintained by any of the OSHA Standards , available to the Assistant Secretary of Labor (OSHA) for examination and copying . Eagle will , upon request , make any exposure records required by any of the Standards, available for examination and copying to affected employees, former employees, designated representatives of those employees , physicians designated by the employee and the Assistant Secretary, in accordance with 29 CFR 1910.1020. Eagle will, upon request, make employee medical records required by the Standards, available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee , and the Assistant Secretary, in accordance with 29 CFR 1910.1020. Procedure 3.4 Recordkeeping Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 3.4.2 8.0 MANDATORY RECORDS 8.1 Personnel Records A copy of this list should be attached to the inside cover of each employee's personnel file to ensure the use of these forms which are required in the Personnel Records Retention Package by either Eagle or the federal government for a minimum of thirty (30) years following the employee's last day of employment. • New Employee Information • Alcohol and Drug Free Workplace Acknowledgement • Alcohol and Drug Testing Results* • Initial Medical Questionnaire * • Periodic Medical Questionnaire * • Additional Medical Information * • Work Practice for Asbestos Abatement Projects • Physician's Written Opinion • Respirator Training Record and Fit-Test Record • Certificate of Worker's Acknowledgement • Any Asbestos or Lead lice nses • All Training Records • Biological Monitoring Results * • Employee Exposure Records * *Those records marked with an asterisk are considered to be Medical Records and therefore, must be maintained in keeping with Section 3-5 of the Corporate Safety Manual. Procedure 3.4 Recordkeeping Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 3.4.3 8.2 Job Records Procedure 3.4 A copy of this list should be attached to the inside cover of each job file to ensure the use of these forms which are required by either Eagle or the federal government in the Job Records Retention Package for a minimum of thirty (30) years. • Company Letter to Physician • Anticipated Respiratory Protection Requirements • Initial Exposure Assessment • Construction Daily Safety Meeting Report • Daily Sign-in / Sign-out Log form (Containment Log) • Daily Air Monitoring Report • Personnel Assigned to Project • Asbestos Project Notification • Competent Person's Daily Inspection Checklist • Supervisor's Daily Logs . • Applicable Material Safety Data Sheets • Hazardous Chemical Inventories • Background Data to Environmental Monitoring Recordkeeping Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 3.4.4 CORPORATE SAFETY MANUAL Procedure No . Date: 3.5 02/21/2008 Eagle Remediation Services, Inc. MEDICAL RECORDS Rev ision : 1 Tota l pa ges: 5 1.0 PURPOSE The purpose of this guideline is to specify the method for maintaining and storing medical records . Medical records, including both employee health and exposure records , must have secure storage for confidentiality reasons . Adherence to this guideline meets the requ irements of Access to Employee Exposure and Medical Records , OSHA 1910 .1020 . 2.0 SCOPE This section applies to all Eagle operat ions. 3.0 POLICY It is the policy of the Company to maintain the confiden t iality of all employee health records yet still allow access to employees , their designated representatives , appropriate medical and regulatory offices . In cases where conflict may exist , the Company may request that written consent be obtained from the employee prior to release of medical records . 4.0 GENERAL Employee exposure records , medical records and related material will be maintained by the Company for the appropriate period of time required by OSHA. Access to these records will be provided in strict acco rdance with 29 CFR 1910 .1020 , OSHA's Assess to Employee Exposure and Medical Records Standard. Physician Written Op inions are not catego rized as medical records. Procedure 3.5 Medical Records Eagle Remediation Services, Inc. Corporate Safety Manual 3.5.1 5.0 DEFINITIONS: 5.1 Employee Exposure Records Means a record containing any of the following: • Environmental (within the workplace) monitoring or measuring of a toxic substance or harmful physical agent, which includes personal, area, grab, wipe or other form of sampling as well as related collection and analytical methods, calculations or other relevant data; • Biological monitoring results that directly assess the absorption of a toxic substance or harmful agent by the body, but not including results which assess an employee's use of alcohol or drugs; • Material Safety Data Sheets, which indicate that the material may pose a hazard to human health; and • In the absence of the above , the Hazardous Chemical Inventory, which reveals where and when used and the identity of the chemical. Note: Refer to Section 7-2 Hazard Communication of the Corporate Safety Program in dealing with the MSDS and inventory referenced above. 5.2 Employee Medical Records Means a record concerning the health status of an employee which is generated or maintained by a physician , nurse or other health care personnel or technician including any of the following : Procedure 3.5 Medical Records • Medical histories and employment questionnaires (including job description and occupation exposures); • Results of medical examinations (pre-employment, pre- assignment, periodic or episodic) and laboratory tests (including X-rays and biological monitoring); • Medical opinions , diagnoses, progress notes and recommendations; • First aid records (unless they do not include medical treatment and are maintained separately from the medical records program); • Descriptions of treatments and prescriptions; and • Employee medical complaints. Eagle Remediation Services, Inc. Corporate Safety Manual 3.5.2 6.0 RECORDS RETENTION 6.1 Employee Medical and Exposure Records Since most of the specific occupational safety and health standards provide for different periods of time for record retention , Eagle has determined that all employee med ical reco rds and employee exposure record will be preserved and mainta ined for at least the duration of employment plus thirty (30) years following the employee's last day of emp loyment. 7.0 RECORD MAINTENANCE AND STORAGE 7 .1 Location of Records • Medical Records: Medical records , including exposure records , will be forwarded immediately from the jobsite or the medical facility to the Branch office where they will be ma intained throughout the length of the project. These records will continue to be maintained at the Branch office , as long as the employee is actively employed within the Branch . If the employee moves to another Branch , the appropriate medical records will be transferred to the new Branch . When the employee leaves employment with Eagle , the records will then be entered into the Company's document storage and retrieval system , whe re they will be maintained for the appropriate time period. In some instances , it may be more pract ica l to have the medical records maintained by the med ical faci lity coordinating each Branch 's medical program . The medical facility personnel should be well acquainted with the Branch typical project activity and related hazards . Medical facility management should be aware of this guideline and provided with a legible copy of 1910.1020 Access to Employee Exposure and Medical Records . • Other Records: Each Branch should maintain a copy of all physician 's written opinions regard ing fitness for duty, exposure monitoring records and employee notifications/acknowledgements and drug testing resu lts. 7.2 Security of Records Employee medical records should not be mai ntained as a part of the employee 's personnel file. Instead , medical records should be ma intained in a separate file , which is adequately secured and which has very limited access. When the medical records are entered into the Company's document storage and retrieval system , they will continue to be maintained in a limited access file . Procedure 3.5 Medical Records Eagle Remediation Services, Inc. Corporate Safety Manual 3.5.3 7.3 Responsibility for Records An individual must be named as the perso n responsible for the maintenance of the medical record files and for providing copies, as requested. This individual's name must be provided to each employee in compliance w ith Paragraph 9.1 of this Section . 8.0 ACCESS TO RECORDS 8.1 EMPLOYEE OR DESIGNATED REPRESENTATIVE • Exposure Records: Whenever an employee or designated representative requests access to an exposure record , Eagle shall assure that access is provided in a reasonable time , place and manner. If Eagle cannot reasonably provide access to the exposure record with in fifteen (15) working days , the employee or designated representative shall be apprised of the reason for the delay and the earliest date when the record can be made available . • Medical Records: Upon request , each employee may have access to their own medical records, however a designated representative may have access to the employees medica l records only upon presentation of specific written consent by the employee . Here again , if Eagle cannot reasonably provide access to the medical records within fifteen (15) working days , the employee or designated representative shall be apprised of the reason for the delay and the earliest date when the record can be made available . 8.2 OSHA Compliance Officer OSHA Compliance Officers may have access to employee medical and/or exposure records whenever requesting to do so , and may have copies of any and all exposure records . However, requests fo r copies of specifically identifiable employee medical records must be made in a formal Written Access Order on agency stationery in compliance with 29 CFR 1913 .1 O(d) and must include the specific records to be copied and the specific reason for requesting the copies. Procedure 3.5 Medical Records Eagle Remediation Services, Inc. Corporate Safety Manual 3.5.4 9.0 EMPLOYEE NOTIFICATION 9.1 Notification Upon an employee's first entering into employment, and at least annually thereafter , each Eagle employee covered by this Section shall be informed of the following: • The existence, location (including address and telephone number), and availability of any records covered by this Section; • The name of the individual responsible for maintaining and providing access to these records; and • Each employee's rights of access to these records . 9.2 COPIES OF 29 CFR 1910.1020 Each Eagle work site must maintain a copy of the OSHA Standard 29 CFR 1910.1020 Access to Employee and Medical Records, and its appendices , and be prepared to make copies readily available to employees upon request. Procedure 3.5 Medical Records Eagle Remediation Services, Inc. Corporate Safety Manual 3.5.5 CORPORATE SAFETY MANUAL Procedure No. Date: 4.1 02/21/2008 Eagle Remediation Services, Inc. EMERGENCY ACTION PLAN Revis ion: 1 Total pages: 10 1.0 PURPOSE To stress the necessity of developing a site specific Emergency Action Plan for each Eagle facility and jobsite. Since it would be extremely difficult to provide for all aspects of every type of emergency, the Emergency Action Plan for individual job sites should only attempt to cover a general understanding of what must be done in an emergency . 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY In as much as Company management has a mora l as well as legal obligation to provide for the safety of its employees , visitors and property, a site specific Emergency Action Plan will be developed for use at all jobsites and facilities . Since dealing effectively with any type of emergency situation depends upon prompt notification, coordinated mobilization , quick implementation of specific duties and assignments, and the optimum use of the Company's emergency resources, these plans must be coordinated with company-wide emergency planning . 4.0 EMERGENCY ACTION PLAN OSHA Standards, 29 CFR 1926.24 , entitled Fire Protection and Prevention , and 29 CFR 1926.35 , entitled Employee Emergency Action Plans, both require each employer to be responsible for the development and maintenance of an effective Emergency Action Plan at the jobsite. Copies of the Emergency Action Plan must be posted at the jobsite. Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc. Corporate Safety Manual 4.1 .1 4.1 Elements of the Plan The minimum elements of the Emergency Action Plan , which must be in writing and physically located at the jobsite, must include at least the following : • The method in which emergency situations are announced . • Emergency escape procedures and emergency escape route assignments. • Procedures to be followed by employees who must remain to operate any critical equipment , which has to be shut down before they can evacuate . • Procedures to account for all employees after emergency evacuation has been completed. • Who will provide rescue and medical duties as required . • The method of reporting fires and other emergencies. • Names and/or job titles , as well as telephone numbers , of persons who can be contacted for additional information about the Emergency Action Plan . 4.2 Training An Emergency Action Plan , no matter how well written and complete , must be presented to the employees in a language they comprehend . The workers must be t rained to know and understand their responsibilities under the plan and that they can ca rry them out efficiently even under stress conditions . And , the plan must be tested on a continuing basis in order to assure that all personnel are totally familiar with all aspects of the Plan. Therefore , before implementing the Emergency Action Plan , the project manager must designate and train a sufficient number of workers to assist in the safe and orderly emergency evacuation of all other employees . The Plan must be reviewed with each employee covered by the Plan at the following times: (a) when the Plan is initially developed ; (b) whenever responsibilities or designated actions under the Plan change ; and (c) whenever the Plan itself is changed. An aggressive disaster drill is probably the most important feature of any project's Emergency Action Plan , therefore; an attempt should be made to schedule at least one unannounced evacuation drill during each project. When it is not feasible to actually hold a surprise evacuation drill , at least one drill should be scheduled at the beginning of a work shift to be held before the workers change from their street clothes . During this drill , a "walk-through" of the notification alarm and the evacuation routes can be accomplished . Procedure 4 .1 Emergency Action Plan Eagle Remediation Services , Inc . Corporate Safety Manual 4.1.2 4.3 Basic Concepts When planning any type of emergency measures to minimize the loss of life and property , the plan must be based upon the five following basic concepts or principles : Procedure 4.1 Emergency Action Plan • That an accurate assessment has been made as to the vulnerability of the employees and property, and on the basis of this survey, and in addition to any other information , the responsibilities, direction, and procedures to be followed in any such emergency have been determined; • That the safety of the project is based on relative, rather than absolute protection . Since the cost of safety normally increases in proportion to the amount of protection provided , and since absolute protection is virtually unachievable for most job sites , these protective measures represent a compromise of values ; • That the responsibility for the development and implementation of an Emergency Action Plan has been assumed by Eagle management, company employees , and the officials of those local, state and federal agencies which may also be involved in its operation . This responsibility cannot be delegated or avoided by those in authority; • That the Emergency Action Plan makes maximum use of existing operating structures, trained public safety fire fighting personnel , safety persons , proven supervisory and technical skills , and material and equipment on hand at the jobsite. The use of these available resources is not only to reduce cost , but also to emphasize the fact that effective emergency measures must involve all endangered personnel; and • That operational readiness is essential to any emergency plan . When the Emergency Action Plans have been developed, they must be constantly reviewed , tested, and revised , so as to maintain their maximum effectiveness . Eagle Remediation Services, Inc. Corporate Safety Manual 4.1.3 5.0 AREAS OF CONCERN Emergency planning must develop procedures for dealing with the many types of emergencies which can occur at any time. Each jobsite must, therefore , respond to the four (4) major areas of concern: • General disaster, such as fires , explosions , etc.; • Emergency spills or leaks, such as asbestos, hazardous chemicals , etc .; • Natural disasters , such as flood , tornado, severe storms, etc.; and • Civil disorders , such as strikes, civil disturbances, etc . 6.0 FIRE AND EXPLOSION Because of the particular horror of fire disasters, no aspect of the Emergency Action Plan deserves more attention than what to do in the event of a fire . It has been amply demonstrated that personnel who have been intensively drilled in the proper procedure to follow in a fire emergency, will react swiftly and correctly to minimize the dangers to themselves and their fellow employees, and be better prepared to take fire control measures until local fire authorities arrive on the scene . Information on each of these steps should be included in your emergency action plan . 6.1 Notification The local fire department must be notified immediately in the event of a fire. This policy must hold true regardless of the size of the fire or the ease with which it may have been extinguished. A second call to the fire department advising them the fire has been extinguished is far better than the possibility of having a fire accidentally get out of control before the fire department has been notified. Employees in the immediate vicinity of the fire , as well as those in surrounding areas which may be threatened by the fire, must also be notified of the existence of the fire at this time. 6.2 Extinguishing Equipment There must be sufficient numbers of approved fire extinguishing equipment available to facilitate emergency egress from the work area . In order to insure this , there must be at least one 2A type fire extinguisher available in each 3000 square foot of work space . This equipment must be readily accessible , it must be properly maintained at all times, and all personnel must be familiar with its operation and location. Procedure 4.1 Emergency Action Plan Eagle Remediation Services , Inc. Corporate Safety Manual 4.1.4 7 .0 BASIC STEPS IN FIRE PROTECTION The following are the basic steps in any type of fire protection plan, and must be implemented into your site specific Emergency Action Plan . 7.1 Discovering the Fire Any person discovering a fire, should quickly and carefully remove anyone who is injured or in immediate danger. This person must be careful not to risk injury to himself, as it is most important that he remain conscious and able to report the fire. 7.2 Reporting the Fire When possible, the nearest telephone should be used to report the fire, with the individual reporting the fire providing the following information: That there is a fire; what is on fire; the specific location of the fire; and the name, telephone number, and location of the person reporting the fire . If there is an automatic fire alarm reporting in operation at the fire location, this system should be used in addition to the telephone reporting. Emergency telephone numbers for fire department, hospital, ambulance, doctor, police, and safety office, must be posted throughout the jobsite and at each telephone location. 7 .3 Sounding the Alarm It will also be necessary to establish a system for alerting workers of the emergency and of the need to evacuate the work area. Ideally this would be some type of sound system that could be heard throughout the work area. This sound system can be anything from a loud bell to a hand-held compressed air boat horn of the type used on small boats. The object being to have some type of blaring sound that can be heard by all of the workers and immediately identified as an alarm indicating there is an emergency situation in the work area. When working on a site or in a facility that has its own emergency annunciating system, elements of this existing alarm system should be a part of the Emergency Action Plan , however; the use of the customer's site alarm does not relieve Eagle of the necessity of having its own alarm system . 7.4 Containing the Fire Having reported and sounded the alarm , attempts should now be made to contain the fire . This should be done by closing all doors and windows in the immediate vicinity of the fire and trying to remove any flammable materials. If possible, all non-emergency electrical equipment in the immediate vicinity of the fire should be turned off or unplugged. Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc. Corporate Safety Manual 4.1.5 7.5 Extinguishing the Fire Extinguishing the fire should be attempted only if there is portable fire fighting equipment available and the fire is in its ' incipient, that is, initial or beginning , stage and can be safely controlled or extinguished with this equipment. If the size of the fire presents an immediate danger to life or health, evacuation , not fire fighting, should be the primary objective . 7 .6 Evacuation When evacuation is deemed necessary, there must be no hesitation in requiring personnel to immediately vacate the area. Emergency exits and other means of exit from the area must be noted prior to the start of the job and located on an emergency exit floor plan , which is then made a part of the Emergency Action Plan . Both primary and secondary routes must be selected in case the emergency situation makes it perilous to use one or the other routes . Copies of this emergency exit floor plan must be posted in numerous locations throughout the project. A staging area must be pre- selected and all personnel required to report immediately for a roll call to assure that all are present and accounted for. Once out of the area, no one should be allowed to re-enter until the emergency is declared over. NOTE: Wherever possible, develop more than one evacuation route . And remember, emergency evacuation routes for a fire may not necessarily be the same evacuation routes to use during some other type of emergency situation. Be certain to analyze the entire Emergency Action Plan and take into consideration the type of emergency, the possible wind directions, fences, closed off areas, buildings , etc ., and then label the escape routes accordingly. 8.0 EMERGENCY SPILLS OR RELEASE Even in a well planned and executed program , the possibility exists that an accident will occur and an emergency spill or toxic chemical release will take place. Recognition of this fact requires that suitable emergency procedures must be prepared before hand and must be made known to all persons potentially involved . Each Branch must give consideration to the nature of possible accidents resulting in an emergency spill or a toxic chemical release and must design methods for dealing with them , as part of their Emergency Action Response Plan. Refer to Section 4-2 of this Manual. Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc. Corporate Safety Manual 4.1.6 9.0 TOXIC CHEMICAL RELEASE The potential hazard of a toxic chemical release is most likely to occur while working on an industrial site , with operations at petro-chemical plants and refineries having the highest likelihood of occurrence . Most industrial sites of this nature will generally have their own Emergency Action Plan , which we will be required to comply with . This however, does not relieve us of the necessity of having our own Emergency Action Plan to deal with a customer's toxic chemical release . 9.1 Basic Steps Basically , the same type of procedures used in reporting , sounding the alarm , determining evacuation routes and assembly points , etc ., as those discussed in Paragraph 6 .0 Fire and Explosion , should be used in developing an Emergency Action Plan for a toxic chemical release . Additional considerations, such as determining wind direction , use of emergency respirators , type of release , etc., must also be a necessary part of this plan. 10.0 HAZARDOUS CHEMICAL SPILL The following procedures must be carried out in the event of a hazardous chemical spill : 10.1 Internal Notification Immediately notify Eagle site management, Eagle Corporate Safety Office and regional safety personnel , the customer's representative , and the industrial hygienist at the work site and follow the Incident Notification Table. 10.2 Clear the Area Clear the location of all persons except those needed to deal with the spill. 10.3 Determine Extent of Spill Determine the nature of the spill , its size, and the source of the spill. Use Material Safety Data Sheets to determine the seriousness of the spill and what types of precautions are necessary in dealing with the spill. 10.4 Outside Notification There are certain hazardous substances listed in 40 CFR 302 .6 by the U.S. Environmental Protection Agency that require immediate notification to either local , state or federal authorities in the event of a spill. Depending upon the hazardous substance involved and the amount or quantity of the spill , which occurs within any 24-hour period , it may be necessary to notify the federal government , local public safety officials , such as police or fire department , and specific agencies of local or state government. In cases of this type , every effort should be made to contact either the Corporate Director of Health and Safety in order to have them make the required Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc . Corporate Safety Manual 4.1.7 notification . Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc. Corporate Safety Manual 4.1.8 10.5 Contain the Spill Contro l or stop the source and contain t he spill. In the case of asbestos , this would mean spraying the spill with a fine mist of amended water and covering the spill with 6-mil polyethylene. Depending upon the hazardous material involved , limit access to drains and air inlets of the air conditioning , heating , and ventilation systems to prevent further spread of the material. 10.6 Enclosure When required , construct an enclosure around the area of the spill , and if necessary , include decontaminat ion faci lities . The enclosure should be large enough to enable the workers to uti lize whatever mechanical and/or electrical equipment that is required to clean up the spill. If differential pressure is a requirement of the enclosure , Air Filtration Devices should be used . All workers entering the enclos ure must be utilizing the required personal protective equipment , such as respirators , protective clothing , decontamination facil ities , etc. 10.7 Air Sampling The industrial hygienist should be collecting air samples of the worker 's breathing zone and the surrounding area , and med ical surveillance should be initiated ; 10.8 Clean-up Procedures Recognized clean -up procedures , according to the type of material involved , must be initiated and should continue until the area receives a final clearance . Approved waste containers must be used and disposed of in accordance with regulated procedures. 10.9 Removal Removal of the enclosure and decontamination facilities must be in accordance with prescribed procedures for the material involved . 10.10 Final Notification Notify all interested parties when the spill has been successfully cleaned up and final clearance samples indicate acceptance. 11.0 NATURAL DISASTERS Floods , tornadoes , severe thunderstorms , and blizzards are but a few of the natural disasters that occur each year throughout the country, for which we must be prepared , if we are to provide the type of protection necessary for our employees and our property . Except for flash floods , most of these conditions are usually forecast sufficiently in advance for emergency action to be initiated before the problem becomes serious. Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc . Corporate Safety Manual 4.1.9 In most cases , merely advising our personnel of the coming danger and seeing to it that they are in a safe location , should the incident occur during normal work hours , will be sufficient. For example , if a Tornado Warning is broadcast while our personnel are working in a location that does not provide the degree of protection necessary , they should be advised of the warning and moved to a structurally sound interior location that would provide adequate protection from the weather , wind blown objects, and broken glass . 12.0 CIVIL DISORDERS Civil disorders , usually in the form of large unruly crowds , can interfere with company operations , and if allowed to get completely out of control , can cause severe damage to property and personnel. 12.1 Civil Disturbances It is impossible to accurately gauge the mental attitude of a large assembly of people . Crowds have been known to assemble for one reason , then inadvertently, deliberately, out of spite , or in fun , attempt to disrupt normal operations . Since the purpose and mental attitude of individuals within a crowd varies considerably, even friendly demonstrators can trigger disturbances and violence . It is , therefore , necessary to stress to our employees that they must remain distant from the demonstration and alert to the possibility of crowd violence . 12.2 Strikes and Labor Actions In the event of a strike by employees and/or labor demonstrations in the vicinity of the work site , the following items should be considered : normal work operations should be maintained as much as possible and all employees encouraged to continue in their normal work habits; workers who are not involved in the strike action should not agitate the demonstrators in any way ; all workers should be removed from the actual demonstration area and verbal or physical confrontations avoided; no Eagle employees should be utilized in calming the disturbance, that would place them in a situation where physical harm might occur or that would jeopardize their normal working relationship with the demonstrators at the conclusion of the disturbance . 13.0 NEWS MEDIA POLICY The extreme public sensitivity and media awareness of hazardous materials and their safe removal prompts Eagle to establish specific guidelines how inquiries from the news media should be addressed . Our objective is to maintain a central spokesperson or "voice" for Eagle, which should ensure that only informed and consistent information is made public about our activities . Either the Branch Manager, the Company President , or the Corporate Director of Health and Safety should coordinate all media and public information , including the designation of spokesperson(s). Procedure 4.1 Emergency Action Plan Eagle Remediation Services, Inc. Corporate Safety Manual 4.1.10 13.1 Potential News-Making Events Should an incident occur within a Branch , which is likely to or could reasonably be expected to result in media interest, management should notify the Company President as soon as possible so that a Company position and response can be formulated. "Potential news-making events" include , but are not limited to , involuntary shutdown of a project due to regulatory agency allegations of safety or administrative noncompliance , serious injury or death of an employee on a j obsite , union or employee unrest or publ ic disturbance due to fear of hazardous materials. 13.2 Media Inquiry Procedure All inquiries or requests for interview from the news media (radio, television or newspaper) should be referred directly to the respective Branch Manager. Employees receiving calls from reporters, regardless of the nature of their inqu iry , should respond with a statement such as: "I appreciate your interest and would like to get you the information you need . All public information is handled out of our Corporate Office , and I will have someone get back with you , as soon as possible." Employees receiving media calls should immediately notify the Branch Manager by telephone and provide background on the inquiry . The Branch Manager will respond . Employees should not provide a "no comment" about an issue , nor should employees ask a reporter if they can make an "off the record" statement. "No comment" replies normally imply guilt , and all statements a Company employee makes to the media are considered authorized information. Procedure 4.1 Emergency Action Plan Eagle Remediation Services , Inc. Corporate Safety Manual 4.1.11 CORPORATE SAFETY MANUAL Procedure No. Date: 4.2 02/2 1/2008 Eagle Remediation Seroices, I nc. EMERGENCY RESPONSE ACTION Re vis ion: 1 Total pages : 10 (SPILLS) 1.0 PURPOSE This procedure describes the minimum requirements for an Emergency Response Plan , as required in 29 CFR 1926 .65 . 2.0 SCOPE This Section applies to all Eagle operatio ns. 3.0 POLICY When responding to either an on-site or client emergency situation , Eagle will operate under the client's Emergency Response Plan or the provisions outlined in this procedure. 4.0 INTEGRATED APPROACH By adopting an integrated approach to Emergency Response Action (Spills) planning , Eagle can maintain a state of readiness for incidents occurring just about anywhere. Environmental , health and safety regulations demand coordinated planning between all interested parties. 5.0 GENERAL REQUIREMENTS 5.1 Pre-Emergency Planning Procedure 4.2 Prior to engaging in emergency response activities , Eagle will endeavor to anticipate poss ible scenarios and have on stand-by , sufficient inventory and adequately trained manpower to respond. 5.1.1 Inventory -Stand-by inventory will be for emergencies only . This inventory will be replenished after every use . 5.1.2 Certification -Emergency responders will be current in regards to training and medical surveillance programs. Copies of all applicable certificates will be kept on file for personnel required to respond. 5.1.3 Briefing -Prior to leaving the response center, it will be the responsibility of the response supervisor to brief the response team on ant icipated hazards at the site. The response supervisor shall also be responsible for anticipating and requesting equipment that will be needed for response activities. Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2.1 5.2 Personnel Roles, Lines of Authority and Communication The senior supervisor arriving at the spill shall become the individual in charge of a site-specific response action . All emergency responders and their communications shall be coordinated and controlled through the individual in charge of the response action . 5.2.1 Coordination -Upon arrival at the spill site , the Eagle response supervisor will coordinate the activities of the response team through the individual that is in charge of the response action. 5.2.2 Authority -The response supervisor will develop the lines of authority for the individuals that make up the response team and also address the interactions with others (employers, client and regulatory agents). These lines of authority will be posted at the site in an area where they are accessible to all personnel. 5.2.3 Communication -Communication will be established prior to commencement of any activities at the response site. Communication will be established so that all responders on site have availability to all pertinent information , to allow them to conduct their activities in a safe and healthful manner. 6.0 EMERGENCY RECOGNITION AND PREVENTION 6.1 Recognizing the Hazard Procedure 4.2 Because unrecognized hazards translate into emergencies, it will be the responsibility of the site supervisor and the site safety officer to recognize and identify all hazards that are found at the response site . These may include : Chemical Hazards • Materials at the site • Materials brought to the site Physical Hazards • Temperature extremes • Fire/explosion • Slip/trip/fall • Electrocution • Poisonous plants/animals • Confined space • IDLH atmospheres • Excessive noise Other Hazards • • • • • Heavy equipment Stored energy system Pinch points Electrical equipment Vehicle traffic Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2.2 6.2 Controlling the Hazard Once a hazard has been recognized the site supervisor and/or the site safety officer will endeavor to prevent the hazard from becoming an emergency . This may be accomplished by the following: • Procure MSDS for all chemicals involved • Daily safety meeting • Task specific training prior to commencement of activity • Lock-ouUtag-out • PPE selection/use • Permitting -hot work , confined space • Trenching/shoring procedure • Air monitoring • Following Eagle's Corporate Safety Program 6.3 Safe Distances and Places of Refuge Procedure 4.2 Prior to the beginning of any work at an emergency response site , the site supervisor and/or site safety officer will designate and identify both safe distances and places of refuge . A safe distance will be established for: • Third parties • Support staff • Hazard remediation workers Each of the above groups of individuals must be made aware of these distances from the work site and these distances must be strictly enforced with site control and local law enforcement or site security staff. Places of refuge must be established prior to the commencement of activities . These areas must be identified for the following incidents : • Chemical release • Fire/explosion • Power loss • Medical emergency • Foul weather • Rest and breaks In the event of an emergency , all the employees will gather at the designated place of refuge until a head count established that all are present and accounted for . No one is to leave the site without notifying the project supervisor. Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2.3 6.4 Site Security and Control All sites must be controlled before Emergency Response Actions begin . Security will prevent access to the site by third parties other than the client , other contractors and regulatory agents . Security and control can be established by local law enforcement , private security firms , Eagle employees or the client's security force. When feasible , the site should be fenced , taped or barricaded to clearly outline the hazardous area . In all emergencies , the buddy system shall be used. 7.0 EVACUATION ROUTES AND PROCEDURES 7 .1 Evacuation Routes The site supervisor and/or site safety officer will develop and post a diagram of the site evacuation routes . Once established , evacuation routes from the site will be communicated to all personnel. Consideration should be given to marking escape routes , espec ially in confusing situations. 7 .2 When to Use The site evacuat ion routes will be used in the event of: • Uncontrolled reactions • Fi re/explosions • Foul weather • Medical emergencies • Power loss 7.3 Evacuation Procedures The procedu res for evacuation will be covered in a site safety meeting prior to commencement of emergency response activities. 8.0 DECONTAMINATION 8.1 Decontamination procedures will be established before any emergency response is undertaken. 8.2 All equipment used during a response to emergency situations involving hazardous chemicals will be decontaminated prior to leav ing the site . 8.3 No equipment shall return to the warehouse until it has been properly decontaminated. 8.4 Personnel will avoid becoming grossly contaminated during emergency response activities . 8.5 All decontamination procedures outlined in the s ite health and safety plans will be observed . Procedure 4.2 Emergency Response Action (Spills) Eagle Remediation Services , Inc. Corporate Safety Manual 4.2.4 9.0 EMERGENCY MEDICAL TREATMENT AND FIRST-AID 9.1 Responsibility The site supervisor is responsible for determining the need for and establishing emergency medical treatment requirements for each emergency response . He or she may delegate that responsibility to the site safety officer. As a minimum , a local hospi tal or emergency care facility shall be contacted and provisions made for transportation of personnel to that location in the event of an emergency at the work site . 9.2 First Aid Kits Eagle shall ensure that all sites have an appropriately sized industrial first- aid kit that complies with the requirements of ANSI 2308.1-1998. An eyewash station and safety shower will also be established if corrosive materials are expected to be encountered . 9.3 First Aid Training Eagle is required to provide at least one individual that is certified in cardio-pulmonary resuscitation (CPR), first-a id procedures , and Bloodborne Pathogen training at each site . 9.4 First Aid Application Eagle employees will apply first-aid techniques to the best of their ability and in accordance with the Company's Bloodborne Pathogen Program, contained in Section 7-6 of this Manual , until emergency medical technicians (EMT) a rrive . 9.5 Supervisor's Incident Report All injuries , no matter how small , will be reported to the site safety officer or the site supervisor. A Supervisor's Incident Report will be completely and properly filled out and submitted to the proper departments. 9.6 Bloodborne Pathogen Procedure 4.2 Eagle personnel who may be exposed to blood or other body fluids will don personal protective equipment and follow the procedures outlined in the Eagle Bloodborne pathogen program, which is contained in Section 7- 6 of this Manual. Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2 .5 10.0 NOTIFICATION There are certain hazardous substances listed in 40 CFR 302 .6 by the U.S. Environmental Protection Agency that require immediate notification to either local, state or federal authorities in the event of a spill. Depending upon the hazardous substance involved and the amount or quantity of the spill, which occurs within any 24-hour period, it may be necessary to notify the federal government, local public safety officials , such as police or fire department, and specific agencies of local or state government. In all instances where a notification of this type is required , every effort will be made to contact either the Corporate Director of Health and Safety or a Regional Health and Safety Director , in order to have a member of the Safety Department make the notification . Procedure 4.2 Note: While a complete list of hazardous substances and their Reporting Quantities are listed in Section 40 Part 302.4 of the Code of Federal Regulations , the following list contains some of the more common reportable substances that we may come into contact with: Substance Asbestos Lead Arsenate Lead PCBs Reportable Quantity {in pounds) 1 1 10 1 1, 1, 1, Trichloroethane Toluene 1000 1000 1 Arsenic Spills of these substances at or exceeding the Reportable Quantities must be reported immediately to: The National Response Center at 1-800-424-8802. This is a Hot Line staffed 24-hours a day by the U.S. Coast Guard . Additional Hot Line numbers , which may be used to report hazardous information, are: Resource Conservation and Recovery Act (RCRA): 1-800-424-9346 Toxic Substance Control Act (TSCA): 1-202-554-1404 Emergency Planning and Community Right-to-Know Act (EPCRA)(also known as SARA Title 3): contact 911 or call the Operator and request either the police or the fire department. Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2.6 11.0 CRITIQUE OF RESPONSE AND FOLLOW-UP After each emergency response activity, it will be the responsibility of the project manager to develop a critique of the response. Recommendations for improvement of emergency response activities will be shared to improve our response efforts. 12.0 PERSONAL PROTECTIVE EQUIPMENT PPE will be stocked in a Pollution Control Package (PCP) for immediate availability when an emergency call is received . 12.1 Equipment When responding to an emergency all employees will bring with them : • Hard hat • Safety glasses • Full face piece PAPR respirator with HEPA cartridge • Steel toed boots • Training and Medical Certification Documentation Note: It is the responsibility of each Branch to make sure this equipment and documentation is always available. 12.2 Hazard Level Procedure 4.2 PPE levels will be established prior to anyone entering the hazardous area. The level of protection required for the response will be established based on the chemical, physical, environmental, or biological hazards present at the incident site. This information should be taken from the product MSDS or other reliable source. Note: Any entry into a hazardous area where the specific product or airborne concentration of the product is unknown MUST be performed in minimum Level B PPE. This should include at least: • Pressure-demand SCBA or airline respirator • Tyvek coverall (inner) • Saranex coverall (outer) • Sample gloves (inner) • PVC or neoprene gloves (outer) • Rubber or Tingly outer boots • Hard hat • All seams and joints securely sealed with duct tape Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2. 7 12.3 List A list of dedicated PPE is included in the PCP inventory. 12.4 Training All responders will be trained in the use of, and proper donning/doffing techniques for all PPE . 12.5 Equipment Response equipment will vary depending on the situation and the chemical hazard involved . A list of dedicated tools and equipment is included in the PCP inventory. 12.6 Documentation Documentation and tracking of a project are critical to the overall success of the response effort. A list of paperwork and forms is supplied for domestic and international emergency response . It is the responsibility of the on-scene commander to keep an inventory of this list on hand . 13.0 ASBESTOS HAZARD 13.1 Determine the Extent of the Hazard Conduct visual inspection in order to determine the extent of the spill, including quantity and the OSHA Class of hazard. 13.2 Contain the Hazard Depending upon the class of the hazard , implement the control methods as outlined in Section 10-1 , Asbestos Abatement Guidelines. 13.3 Establish a Controlled Environment Depending on the extent and class of the hazard, establish the necessary controls as specified in Section 10-1 , Asbestos Abatement Guidelines, of the Eagle Corporate Safety Manual. 13.4 Begin Clean-Up Procedures Procedure 4.2 Clean-up procedures will be in accordance with OSHA's specific class requirements as outlined in Section 10-1 , Asbestos Abatement Guidelines . Emergency Response Action (Spills) Eagle Remediation Services, Inc. Corporate Safety Manual 4.2.8 14.0 CONDUCT FINAL CLEAN After the removal of all visible accumulations of asbestos material and debris , all surfaces in the work area , and the decontamination units , should be thoroughly cleaned with HEPA filtered vacuums or wet wiped . The decontamination units must also continue to remain in operation. A second cleaning should now be conducted , again using HEPA filtered vacuums and/or wet wiping all surfaces. When this second cleaning has been completed , Eagle should conduct a visual inspection of the work area and the decontamination units , to ensure that all areas are free of visible asbestos fibers . With the air filtering units and the decontamination units remaining in operation , all of the remaining poly should be stripped from the work area , leaving only the critical barrier intact. 15.0 REMOVAL OF TOOLS At the time of the second cleaning, all remaining tools and equipment remaining in the work area and the decontamination units should be decontaminated by HEPA by vacuuming and/or wet wiping and then removed from the area. Once this is completed , the area is now ready to be visually inspected by the Owner, the Owner's representative , or a representative of the independent air monitoring firm . This individual should be identified in the contract document. 16.0 ENCAPSULATION If the results of the inspection are satisfactory , the individual conducting the inspection should release the work area for encapsulation . This involves applying a sealant to the substrate and all of the remaining poly sheeting to "lock down" any tiny invisible fibers which might remain. The mist which occu rs during application of the encapsulant helps in settling and sticking down the fibers which are still airborne . An adequate time period should be established to allow the sealant to dry before conducting additional air sampling. Special attention must be paid to the Material Safety Data Sheet (MSDS) of the encapsulant to be used , since the nature of some encapsulants may effect the requirements for respiratory protection. Vapors that are given off during the application of some encapsulants must be taken into account when selecting respiratory equ ipment, if other than supp lied-air respirators are used. 17 .0 AIR MONITORING Air monitoring of the work area and the decontamination units should now be conducted to determine the fiber count in these areas . Unless otherwise specified in the contract document , this very important phase of the air sampling will also be conducted by the independent air monitoring firm retained by Eagle throughout the project. Procedure 4.2 Emergency Response Action (Spills) Eagle Remediation Services, In c . Corporate Safety Manual 4.2.9 If the results of this air sampling show a count of 0.01 or less fibers per cubic centimeter of air, the work area and decontamination un its are ready for closeout. If however, there are still sufficient asbestos fibers airborne in the containment area to require additional cleaning , Eagle may elect to perform an aggressive cleaning . In any case, Eagle will continue to perform cleaning operations within the work area and the decontamination units until an acceptable level of decontamination , as spec ified in the contract document , is obtained . 18.0 AGGRESSIVE CLEANING Aggressive cleaning can be performed by blowing all surfaces with a small motorized blower , such as a Leaf Blower, starting at the work area air inlet(s), if any , and proceeding methodically toward the air filter ing units(s). Care must be taken to proceed at a pace that is slow enough to allow the general air movement in the room to keep the fiber "cloud" ahead of the blowing activity , so that fibers are not re-deposited on cleaned surfaces. This type of induced air movement will tend to "capture" all of the remaining airborne fibers and trap them in the air filtering units filter media , where they can be permanently removed . 18.1 Conduct Final Clearance Sampling After visual inspection , have the consultant hygienist begin final clean in accordance with state and federal regulatory requirements . 18.2 Remove Critical Barriers Upon acceptance of the air monitoring results , Eagle will now begin dismantling operations of the remaining work area , decontam ination un its , and critical barriers . Although the area has been tested "clean", all debris from the remova l of these areas will be packaged in disposal bags or wrapped and sealed in poly for disposal as contam inated waste. 19.0 DEMOBILIZE The air filtering units should be turned off, sealed in poly and transported to the next project. All debris , used cleaning materials , unsalvageable materials used for the enclosures , and any other remaining materials should be disposed of as contaminated waste . All sealed and labeled bags containing contaminated waste will then be removed from the Owner's property , by approved transport methods . All contaminated waste which has been removed from the project during the demobilization operation will be disposed of at t he selected waste disposal site. The transport vehicles will then be decontaminated and the protective clothing worn by the disposal workers will be included in the disposal process . Procedure 4.2 Emergency Response Action (Spills) Eagle Remediation Services, Inc . Corporate Safety Manual 4 .2.10 CORPORATE SAFETY MANUAL Procedure No . Date: 4.3 02/21/2008 Eagle Remediation Services, Inc. FIRE PROTECTION PROGRAM Rev ision: 1 Total pages : 4 1.0 PURPOSE To define and explain the requirements for an effective fire protection program. 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY All personnel employed by Eagle will at all times , while present on a jobsite or Company property , comply with the requirements of this Fire Protection Program . The firefighting efforts of Eagle personnel shall be limited to incipient stage fires only , unless the location has a site fire brigade that complies with the requirements of29 CFR 1910 .156. 4.0 GENERAL The firefighting efforts of Eagle personnel at most locations shall be limited to incipient fire fighting only. Interior structural fire fighting may be permitted only by site fire b rigades that have the equipment and highly trained personnel that fully comply with all of the requirements of 29 CFR 1910.156 , Fire Brigades. 5.0 TRAINING Where the Company has provided portable fire extinguishers for the use of employees , these employees must receive training in the use of the portable fire extinguishers upon in it ial employment and at least annually thereafter. Personnel who work in Eagle offices and warehouses and who may be required to use fire extinguishers will be provided training periodically to ensure that they are familiar with the correct techn iques and procedures. In addition , if the facility is equipped with small hose rack or reels (1 % inch or less) training shall also be provided with this equipment. Employees must be trained to recognize various types of fires , how to best fight the fire , and most importantly , when it is time to stop fire fighting efforts and leave the fire scene. Employees must be trained in all aspects and requirements of the site-specific Emergency Action Plan. This t raining must be provided to each employee on his or her first day on the job, as part of the new employees orientation and repeated at least monthly during the course of the project. Procedure 4 .3 Fire Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 4.3.1 6.0 EMERGENCY ACTION PLAN (See Section 4-1 of the Corporate Safety Manual) Each work site must have an Emergency Action Plan . The minimum elements of the Emergency Action Plan , which must be in writing and physically located at the jobsite , must include at least the following: • The method in which emergency situations are announced . • Emergency escape procedures and emergency escape route assignments . • Procedures to be followed by employees who must remain to operate any critical equipment which has to be shut down before they can evacuate . • Procedures to account for all employees after emergency evacuation has been completed . • Who will provide rescue and medical duties , if required. • The method of reporting fires and other emergencies. • Names and/or job titles , as well as telephone numbers , of persons who can be contacted for additional information about the Emergency Action Plan . 7.0 FIRE ALARM SYSTEMS Emergency alarm systems shall be available in all workplaces where there are ten (10) or more employees. This system and the action required must be explained to each employee , as a part of their first day at work orientation. Fire alarm systems, when used , must meet or exceed the requirements of 29 CFR 1910.165. 8.0 FIRE DETECTION SYSTEMS Fire detection systems , when employed , must conform to the requirements of 29 CFR 1910 .164 . 9.0 PORTABLE FIRE EXTINGUISHERS The selection , distribution , inspection , maintenance and testing of portable fire extinguishers shall conform to the requirements of 29 CFR 1910 .157 . Procedure 4.3 • All portable fire extinguishers in offices, warehouses and on jobsites must be mounted , located and identified in such a manner that they are readily accessible to the employees without subjecting the employees to possible injury. • The area immediately adjacent to the mounted fire extinguishers must be kept free of all obstructions. • Only approved fire extinguishers can be used . • An inventory of all portable fire extinguishers is to be maintained by each office , warehouse or jobsites. • All fire extinguishers will be maintained in a fully charged and operable condition and kept in their assigned places , except during use , testing or recharging. • Any fire extinguisher not meeting the prescribed criteria will be tagged and removed from service until the deficiencies are corrected . Fire Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 4.3.2 10.0 MAINTENANCE Portable fire extinguishers must be maintained in compliance with the requirements of 29 CFR 1910.157. Procedure 4.3 • All fire extinguishers are to be visually inspected at least monthly. • An annual inspection must be performed by an approved third party who is trained in fire extinguisher maintenance. • Records of all inspections must be maintained at the facility or in the project file . • Dry chemical fire extinguishers must be emptied and inspected by a competent technician every six (6) years. • Fire extinguishers must be hydrostatically tested in accordance with Table L-1 of 29 CFR 1910.157. Fire Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 4.3.3 KEY ITEM CHECK LIST -FIRE PROTECTION Key Item General Requirements • Is there an adequate fire protection program? • Are required Hot Work Permits obtained and pre-fire plans coordinated? • Are fire prevention and control systems given priority? • Has the Emergency Action Plan been posted? • Are all employees familiar with the contents of the Emergency Action Plan? • Are personnel aware that fire fighting is limited to incipient fires only? • Have employees been taught to recognize various types of fires and know what type of extinguisher to use? • Is there some type of alarm system to announce a fire? D • Are only approved types of heaters used? D Portable Fire Extinguishers • Is fire extinguishing equipment available? • Is this equipment immediately accessible? D • Is this equipment well marked and mounted? • Are fire extinguishers visually inspected at least monthly? • Are fire extinguishers physically inspected at least annually? • Are fire extinguishers which are broken or partially discharged, tagged and removed from service? • Are all fire exit doors unlocked and clear of debris? • Have all employees been trained in the correct use of portable fire extinguishers? • Is this training conducted at least annually? Material Storage • Are materials placed so that access and egress to the work area remain unblocked? • Are materials located so that they do not increase the risk of fire? • Are combustible materials stored away from egress routes, heaters and lights? • Are storage areas free of weeds, cardboard, rubbish , and other combustible debris? • Is material stored so that it does not impede sprinklers? D Procedure 4.3 Fire Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 4.3.4 Yes D D D D D D D D D D D D D D D D D D D No D D D D D D D D D D D D D D D D D D D D D D D CORPORATE SAFETY MANUAL Procedure No. Da te : 4.4 02/21/2008 Eagle Remediation Seroices, Inc. FIRST AID PROGRAM Rev is io n: 1 Total pages : 4 1.0 PURPOSE To define the first aid requirements for employees who become sick or injured on the job. 2.0 SCOPE This policy applies to all Eagle operations. 3.0 POLICY After evaluating the hazards in the work place, Eagle will furnish appropriate provisions : • for the attention of simple medical or health problems that require no further treatment ; and • for emergency help to the severely injured until professional medical personnel can take over . 4.0 GENERAL This program does not require the more extensive types of facilities that would be necessary to perform the medical surveillance required by such standards as Air Contamination or Hazardous Waste Operations and Emergency Response . It does , however, ensure that first a id services and provisions for medical care are available for every employee. 5.0 FIRST AID RESPONSIBILITY The site superviso r, or his designate , must ensure the availability of medical personnel for advice and consultation on matters of occupational health . Before beginning a project , the site supervisor , or his designate , must make provisions for prompt medical attention in case of serious injury . Where no infirmary , clinic , hospital or physician is reasonably accessible in terms of time and distance , the site supervisor must ensure t hat a person with a valid certificate in first aid training be available at t he work site. The site supervisor must provide proper equipment for prompt transportation of an injured person to a physician or hospital or a communications system for contacting necessary ambulance service. Procedure 4.4 First Aid Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 4.4.1 The site supervisor, or his designate, must conspicuously post emergency telephone numbers, including the numbers of physicians, hospitals and ambulances. The site supervisor is responsible for determining the need for and establishing emergency medical treatment requirements for each emergency response. He or she may delegate that responsibility to the site safety officer. As a minimum , a local hospital or emergency care facility shall be contacted and provisions made for transportation of personnel to that location in the event of an emergency at the work site. The site supervisor, or his designate, will be responsible for checking the contents of the First Aid Kit before it is sent to the jobsite, upon its arrival at the jobsite, and at least weekly on each job to ensure that the expended items are replaced . 6.0 FIRST AID TREATMENT Injuries which fall into the first aid treatment category are generally classified as injuries which : • Are very minor, requiring only simple treatment within the prescribed protocols of a first aid certified care provider, and not requiring off site medical care ; • Are not required to be recorded on the OSHA 200 Log ; • Do not result in lost time or restricted activity ; and • Do not involve the employee 's back , neck or head . Any time an injured employee begins seeing a physician , or gives any indication that a workers compensation claim may be filed or may be necessary, the injury is no longer a simple first aid case and must be immediately reported to the insurance claims service . 7.0 FIRST AID TRAINING Where required to have a person knowledgeable in first aid available at the work site , that individual must have a valid certification in first aid training. While OSHA prefers that employees trained in first aid receive their first aid certification training from either the American Red Cross or the National Safety Council, there are other first aid courses developed and administered by professional medical personnel and official government agencies which may also be acceptable . 8.0 FIRST AID PROVIDER It is Eagle's policy that only employees who have been appropriately trained in first aid and bloodborne pathogens and who have the necessary protective equipment available are authorized to assist in the treatment of first aid injuries. No other Eagle employee is to make any effort to assist in the first aid treatment of an injury , including efforts to clean the wound, stop the bleeding, bandage the injury, etc., nor is any other employee authorized to assist in the clean-up after an accident, in which an employee has been injured , including the removal of blood stains, blood splattered equipment, or first aid materials . This policy must be strictly adhered to by all Eagle personnel. Procedure 4.4 First Aid Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 4.4.2 9.0 FIRST AID KITS Eagle shall ensure that all sites have an appropriately sized industrial first -aid kit that complies with the requirements of ANSI Z308 .1-1998 . The First Aid Kit must be eas ily accessible , be approved by a consu lting physician , and be large enough to contain sufficient medical supplies for the number of workers on the jobsite . 9.1 Contents First Aid Kits must consist of a weather-proof container with individual sealed packages for each item. Each kit should contain a sufficient quantity of at least the following : • Gauze roller bandages , 1 inch and 2 inch • Gauze compress bandages , 4 inch • T r iangular bandage , 40 inch • Ammo ni a in halants and ampoules • Antiseptic applicators or swabs • Burn dressing • Eye dressing • W ire or thin board splints • Forceps or tourniquet • Scissors • Rubber gloves • Cold packs 10.0 CARDIO-PULMONARY RESUSCITATION (CPR) In addition to providing a first aid responder , Eagle is a lso required to provide at least one individual that is certified in Cardio-Pulmonary Resuscitation (CPR) at each site . Refer to Section 7-6 in the Corporate Safety Manual. 11.0 DRENCHING AND FLUSHING Where the eyes or body of any person may be exposed to injurious corrosive materials , suitable facilit ies for quick drenching or flushing of the eyes and body must be provided within the work area for immediate emergency use . An eyewash station and safety shower will also be established if corrosive materials are expected to be encountered. Procedure 4.4 First Aid Requirements Eagle Remediation Services , Inc. Corporate Safety Manual 4.4.3 12.0 RECORDKEEPING All injuries, no matter how small , will be reported to the site safety officer or the site supervisor . A Supervisor's Incident Report will be completely and properly filled out and submitted to the proper departments. In the exceptional case that a client requires that all injuries, including first aid cases, be listed on the OSHA 200 Log, you must differentiate between OSHA recordable cases and first aid cases by assigning a number only to those entries that are OSHA recordable. Column A on the OSHA 200 Log is designed for this purpose . An excellent method is to use the last two digits of the current calendar year and a number in numerical sequence . For example , 92-1 , 92-2, 92-3 , etc . Do not number those entries , which are not required to be OSHA recordable . All work-related injuries , regardless of severity , must be reported and entered on the Log of First Aid Treatment located in Section 3-1. If the injury is OSHA recordable, it should also be entered on the OSHA 200 Log. However, first aid records (not including medical histories) of one time treatment and subsequent observation , which do not involve medical treatment , if maintained separately from Eagle's medical program and its records, are not required to be maintained for any specific period of time . Procedure 4.4 First Aid Requirements Eagle Remediation Services, Inc. Corporate Safety Manual 4.4.4 CORPORATE SAFETY MANUAL Procedure No. Date: 5.1 2/21/2008 Eagle Remediation Services, Inc. HEAL TH and SAFETY TRAINING Revision : 1 Total pages: 4 1.0 PURPOSE To define minimum Company requirements and responsibilities for conducting health and safety training for Eagle employees . 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY To ensure that each employee of Eagle receives and understands the required health and safety training necessary to confirm that employee's ability to safely carry out his or her work assignments. 4.0 REQUIREMENTS AND RESPONSIBILITIES 4.1 Orientation Training Procedure 5.1 Each new Eagle employee will receive a safety orientation, as outlined in Section 5-2 of the Corporate Safety Manual. This orientation will include, in addition to specific training , a discussion of the employee's right to refuse to perform any task which they believe is unsafe or for which they have not been adequately trained. The new employee orientation will include, at a minimum the following: • job specific health and safety training including supervised on-the-job training ; • hazard communication in compliance with 29 CFR 1926.59; • hazardous waste operations and emergency response (if required) in compliance with 29 CFR 1910.120; • the job specific Emergency Action Plan ; and • specialized health and safety training such as : Lock Out/ Tag Out Procedures Ladder Safety Confined Space I Vessel Entry Rope , Cable and Sling Inspection Personal Protective Equ ipment Material Storage and Handling Powered Aerial Work Platforms Equipment Decontamination Housekeeping and Sanitation Pre-Start-up Health and Safety Review Electrical Safety Scaffold Safety Welding and Cutting Self-Inspection Program General Office Safety Fall Protection Program Powered Industrial Trucks Process Safety Review Excavation and Trenching Power Operated Hand Tools Health and Safety Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.1.1 4.2 Hazardous Materials Training Each Eagle employee will receive the Hazard Communication Training and , if required , OSHA 's Hazardous Waste Operations and Emergency Response training before they are permitted to engage in hazardous waste operations or handle hazardous substances . Refresher hazardous substance training will be conducted , as required by regulations and to maintain proficiency . 4.3 Branch Training Each Branch will develop an overall safety training plan that contains the items listed in Paragraph 4 .1 of this section in accordance with all applicable regulatory and Eagle requirements . In general , health and safety training will include , but is not limited to the requ ired initial or annual refresher training course for asbestos and/or lead , as required by federal OSHA and federal EPA. 5.0 TRAINING DOCUMENTATION All safety training must be documented and should include , at a minimum , the subject title , subject description and learning objectives, who provided the training , including name , title and location , the date conducted , and the signature of the trainee(s) and instructors. All employees who have received and successfully completed certain portions of this training will receive a written cert ificate , a copy of which will remain within their personnel file . 6.0 TRAINING INSTRUCTORS Personnel who instruct employees must be qualified by either academic credentials or instructional experience and subject knowledge to teach the subject matter that is being presented. Records should be kept to document their qualifications as instructors . 7.0 TRAINING PROGRAM REVIEW Each Corporate Health and Safety Director, and Branch Health and Safety Officer should review the health and safety training program of his/her Branch , and/or the entire organization , at least annually to determ ine the needs for the next year. Refresher training specified by OSHA standards will be included in the needs assessment. 8.0 SUBCONTRACTOR PERSONNEL Eagle personnel will not provide health and safety training directly to subcontractor's employees or visitors except to provide site safety orientation and other notifications required by OSHA regulations , for example Hazard Communications , Process Safety , Lock Out!Tag Out , etc . Eagle training personnel will not prov ide health and safety or emergency response training to other non -company personnel unless approval is issued in writing by either the Branch Manager or the Corporate Health and Safety Director. This training may be in the form of eithe r a certified or non-certified training course . Procedure 5.1 Health and Safety Training Eagle Remediation Services , Inc. Corporate Safety Manual 5.1.2 9.0 SITE SAFETY Personnel acting in the capacity of site safety officers must receive initial training from a course approved by the Regional Health and Safety Director or Corporate Safety , as well as an annual refreshed training to maintain proficiency . Procedure 5.1 Health and Safety Training Eagle Remediation Services , Inc. Corporate Safety Manual 5.1.3 TRAINING DOCUMENTATION RECORD Employee's Name: ___________ Social Security No .: ____ _ RECORD OF TRAINING RECEIVED Title of Training Date(s) of Training lnstructor(s) Examination Signature Required Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Procedure 5.1 Health and Safety Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.1.4 CORPORATE SAFETY MANUAL Procedure No. Date : 5.2 2/2i/2008 Eagle Remediation Services, Inc. EMPLOYEE SAFETY ORIENTATION Revis ion: l Total pa ges : 6 1.0 PURPOSE To provide guidelines for the proper safety training of all Eag le personnel, including supervisors and workers , newly hired employees , and those employees transferring from other jobsites. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Within each Branch and at each Eagle jobsite , project management , assisted by the Eagle Corporate Health and Safety Department, will provide a safety training program for all supervisors and employees , during which they will fully describe Eagle's commitments for meeting its obligations to provide safe and healthful working conditions for its employees and to enhance safety in the workplace . 4.0 SAFETY ORIENTATION Project management w ill provide a safety orientation program that will include all Eagle employees working on the jobsite. The safety orientation will include all supervisors , newly hired employees , and those employees who have transferred in from other jobs . The safety orientation w ill include at a minimum , the topics outlined below . 4.1 SUPERVISOR'S SAFETY ORIENTATION Procedure 5.2 Project management will famil iarize each of its supervisory personnel with all aspects of the Eagle health and safety program and each supervisor will be issued a copy of the Eagle Corporate Safety Manual. This Manual is to be maintained by the supervisor , updated as necessary , and turned back into the Company p rior to termination. Supervisory personnel will be made aware of their safety responsibilities during this orientation , which will cover at a m inimum , each of the following subjects . • Eagle's Corporate Safety Program The Eagle Corporate Safety Program will be reviewed in detail with each supervisor. Employee Safety Orientation Eagle Remediation Services, Inc. Corporate Safety Manual 5.2.1 Procedure 5.2 • Safe Work Areas Project management will require that each of its supervisors be familiar with the safety conditions in each area of the job site to which the employees of each supervisor's crew or group are assigned . Supervisors will be directed to correct , when possible , unsafe conditions that exist in the work area prior to commencement of work. • Safe Work Practices Each supervisor will be required , when making work assignments , to inform the crew or group involved, of the safety practices, work methods , and personnel protective equipment required. Each supervisor will be responsible for determining that each worker has the proper protective equipment and suitable tools for the work assignment. • Supervising For Safety In following the progress of the work assigned , each supervisor will constantly review the safe practices and procedures used by the crew , and initiate corrective action , when necessary . • Tool Box Safety Meetings Eagle requires each supervisor to conduct daily Tool Box Safety Meetings with the entire crew or group using up-to-date material relative to the health and safety of each employee on the project. Refer to the sample Tool Box Safety Meeting form in Section 5-3 of this Manual. • Supervisor's Safety Meetings Supervisor's safety meetings will be scheduled on a monthly basis. Topics discussed at these meetings will be chosen to assist each supervisor in supervising for safety . Attendance at these meetings will be mandatory and attendance records should be kept. • Emergency Procedures Project management will familiarize all supervisors with the emergency procedures developed for the project, so that they may provide the leadership required to cope with serious injuries , fire , evacuations and similar situations . Employee Safety Orientation Eagle Remediation Services , Inc. Corporate Safety Manual 5.2.2 • Accident Investigations Each supervisor will be required to take an active role in the investigation of any accident which results in : a) personal injury to a member of that supervisor's crew or group ; b) equipment or property damage in that supervisor's area of responsibility ; or c) near misses that had a potential for serious injury or death , or significant property damage . 4.2 EMPLOYEE SAFETY ORIENTATION Procedure 5.2 Eagle supervisors will provide a safety orientation for all new hires on their initial day of employment, which will include at a minimum, the topics outlined below. Supervisors will use existing materials and handouts to supplement their presentation of the new employee orientation. • Review Eagle's Corporate Policy Statement to identify Eagle's attitude towards safety on the job. • Review portions of Eagle's Health and Safety Policy pertaining to jobsite safety . • Review Eagle's Safety Philosophy and the necessity of having safety and production work together on even terms . • Review Eagle's method of encouraging employees to report unsafe situations to their immediate supervisor. • Review the value of portable fire extinguishers , when they should be used , how they should be used to be the most effective , and who to report an emptied extinguisher to . • Review Eagle's Safety Rules and Regulations , as they apply to the project. • Review Eagle's Employee Safety Handbook with each employee , indicating those areas with specific application to the project. • Review the Jobs ite Safety Practices and the Emergency Action Plan , which will be specific to the project. • Review and explain each of the Jobsite Safety Postings . • Explain the additional safety training each employee will be receiving during the first week of employment. Employee Safety Orientation Eagle Remediation Services, Inc . Corporate Safety Manual 5.2.3 4.3 Employee Handbook At the time of his or her safety orientat ion , each employee will be given a copy of the Eagle Employee Handbook , entitled "Construction Safety Employee Handbook". Supervisor's will go over this handbook with the employee , while instructing the employee to ask as many questions as he or she may have. The supervisor will also make a concerned effort to ascertain if the employee is understanding the orientation and will offer to expla in any item that is not completely understood by the employee . Employees will then be asked to acknowledge receipt of the handbook and their understanding of its contents , by signing an acknowledgement form at the back of the handbook. This signed acknowledgement form will then be removed from the handbook and will become a permanent part of the employee 's personnel file . 5.0 EMERGENCY ACTION PLAN An Emergency Action Plan , no matter how well written and complete , must be presented to the superv isors and employees in a language they comprehend . The workers will be tra ined to know and unde rstand their responsibilities under the Plan and that they can carry them out efficiently even under st ress conditions . And , the Plan will be tested on a continuing basis in order to ensure that all personnel are totally familiar with all aspects of the Plan. 5.1 Emergency Action Supervisors will be required to familiarize themselves with the customer's Emergency Action Plan on each jobsite on which they are working and be prepared to draft a site-specific Emergency Action Plan for use by Eagle personnel at that location . Supervisors will refer to Sections 4-1 and 4-2 of the Corporate Safety Manual for additional information concerning a site- specific Emergency Action Plan . 5.2 Fire Protection and Prevention Procedure 5.2 Each supervisor and employee will maintain a constant awareness of the fire potential in their area of responsibility. If a potential fire hazard is noted , the individual will immediately alert his or her supervisor who will then initiate corrective action and notify the approp riate persons and public safety agencies . The information contained in Section 4-1 of the Corporate Safety Manual , entitled Emergency Action Plans , will assist supervisors and employees in handling situations of this type . Employee Safety Orientation Eagle Remediation Services , Inc . Corporate Safety Manual 5.2.4 6.0 ACCIDENT REPORTING AND MEDICAL TREATMENT Each employee of Eagle will be trained in his or her obligation to immediately report all injuries and illnesses, however minor, to their immediate supervisor. Medical treatment will be in accordance with medical procedures established by OSHA and in the Eagle Corporate Safety Manual. Injured employees will be directed to the industrial medical clinic retained by the Company in the vicinity of the jobsite . Supervisors will be trained in the methods of reporting accidents and their responsibilities for managing the injured employee 's medical contact and return to work activities. 7.0 DAILY TOOLBOX SAFETY MEETINGS A safety training meeting for all employees will be held at least daily at every Eagle jobsite or project. These meetings should generally be held at the beginning of the work shift and attendance is mandatory . From time to time, various members of management should also attend these meetings to reinstate management's position on safety and the importance of these toolbox safety meetings . The meetings can either be broken down into crews and presided over by their individual supervisor, or they can be instructed as one large crew by several of the supervisors. Although from time to time , it may be necessary to utilize these meetings to discuss other areas of concern to the project , the primary function of these meetings must remain a safety awareness and training session. Refer to Section 5-4 Conducting Safety Meetings, in the Corporate Safety Manual. 8.0 SUPERVISOR'S MONTHLY SAFETY MEETINGS A supervisor's meeting will be held at least once each month, during which attendance by all supervisory staff will be considered mandatory. From time to time, various members of middle management should plan to attend these meetings to reinstate their positive attitude toward acceptance of Eagle's Safety Program and their reliance on the role of the supervisor in promoting this program. The meetings can be short in duration and the primary function should be directed towards the administration of the project; however; at least one-third of each meeting must be directed towards safety training and its related items, such as training , accident investigation, jobsite inspections , etc., including the selection of topics and scheduling of weekly toolbox safety talks . 9.0 ANNUAL SAFETY TRAINING SESSIONS The Eagle Corporate Health and Safety Department is charged with the development and implementation of at least one annual safety training session each year. Each Corporate Health and Safety Director has been certified as a safety trainer and attendance by Eagle supervisory personnel at these annual training sessions is considered mandatory. The training topics are generally determined by either the Company 's safety program, the need to train competent persons, a recognizable trend in occupational incidents, or relating to regulatory changes issued by OSHA. These annual training sessions usually consist of a home study portion followed by six to eight hours of comprehensive classroom training. Supervisors are provided with training manuals at these sessions and are Procedure 5.2 Employee Safety Orientation Eagle Remediation Services, Inc. Corporate Safety Manual 5.2.5 then required to furnish this training to their support personnel in the form of daily toolbox talks . 10.0 HAZARD COMMUNICATION TRAINING As an employer engaged in a business where chemicals are either used or produced for use or distribution or where its workers have the potential for contact with chemicals in their workplace , Eagle will ensure that the hazards of all chemicals found in the workplace will be evaluated , and that information concerning these hazards will be transmitted to all affected employees . Correspondingly , the purpose of Eagle 's Hazard Communication Training is to inform our employees , by means of labels , Material Safety Data Sheets and Training, of the physical and health hazards to which they may be exposed . The Hazard Communication Training that will be provided to all Eagle personnel , is outlined in Section 7-2 of the Corporate Safety Manual. This training meets or exceeds the requirements of OSHA's Hazard Communication Standard for the Construction Industry , 29 CFR 1926 .59. 11.0 PROCESS SAFETY TRAINING All Eagle employees who will be assigned to industria l jobsites operating under OSHA's Process Safety Management Standard , 29 CFR 1910 .119, will be required to undergo additional training to show evidence of their understanding of this training . This evidence will, for the most part , be in the form of a written examination covering the contents of the information . Procedure 5.2 Employee Safety Orientation Eagle Remediation Services, Inc. Corporate Safety Manual 5.2.6 CORPORATE SAFETY MANUAL Procedure No. Date: 5.3 2/21/2008 Eagle Remediation Services, Inc. SUPERVISOR'S ROLE IN TRAINING Revision: 1 Total pages: 4 1.0 PURPOSE To provide guidelines for establishing the supervisor's role in the safety awareness and training of employees on the jobsite. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY As an extremely important part of Eagle's Corporate Safety Program , the Eagle supervisor is required to take a very active role in the day-to-day safety training and awareness of employees . 4.0 SUPERVISOR'S ROLE IN TRAINING Supervisor's are the key to accident prevention within the construction industry. They are the individuals between top management and the workers who translate management's policy into action. Therefore, the role of safety training must be an on-going part of each supervisor's job. Without it, there is a total breakdown of the safety chain . Supervisor's must be made to believe that efforts on the part of safety play just as important a role in the completion of the project, as does their efforts at production, and that one cannot be sacrificed in lieu of the other . For example , a project that was completed ahead of schedule with a net earned profit of $350,000 must be considered a total loss if the workers compensation claims resulting from that project are in excess of $500,000. Supervisors must realize they will be held accountable for the safety performance of their crew or group. Procedure 5.3 Supervisor's Role in Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.3.1 5.0 DAILY TOOLBOX SAFETY MEETINGS Supervisory personnel will be required to conduct daily toolbox safety meetings to provide their employees with up-to-date safety info rmation and to discuss the various aspects of job health and safety . Employee attendance will be required and Eagle Toolbox Safety Meeting form must be completed by the supervisor and signed by each employee attend ing the meeting. These records will then be maintained , as a part of the job file retention package . Daily Toolbox Safety Meeting forms , wh ich are printed w ith a brief safety meeting topic , are in a format which allows the supervisor to read directly from the form and then have the workers sign the form indicating they have received the daily safety training and understood it. Blank topic forms will also be available for those supervisors who wish to draft their own message or provide information on a specific topic. When this blank form is used , the supervisor must write out the message on the top portion of the form before beginning the safety meeting . A sample of a Toolbox Safety Meeting form is included with this section . Daily tool box safety meetings are an extremely important part of the Eagle Safety Program , because it is only through face-to-face contact that effective communication on the subject of safety can take place. The open , informal atmosphere of a toolbox talk , which in effect is a small group meeting , encourages the kind of questions and discussion that "personalize " the issue of safety by focusing on day-to-day applications . In addition , the superv isor's daily toolbox safety meeting serve the following purpose : 5.1 Encourage Safety Awareness Other means of getting the safety message across are often too easily ignored . But when a small group of workers get together to discuss the hazards they have encountered and the steps they can take to eliminate them , it increases each worker's safety consciousness. 5.2 Get Employees Actively Involved In a sense , toolbox safety meetings can put employees "on the spot"; that is , they demand feedback. They get employees thinking about safety and encourage them to come up with ideas and suggestions for preventing accidents and minimizing the hazards , with which they are most familiar. 5.3 Motivate Employees To Follow Proper Safety Practices Procedure 5.3 Small group meetings are the best place to demonstrate the uses of protective equipment , proper lifting techniques , and other specific safety procedures . Supervisor's Role in Training Eagle Remediation Services , Inc . Corporate Safety Manual 5.3.2 5.4 Nip Safety Hazards In The Bud A daily toolbox safety meeting is the perfect time to pinpoint minor hazards before they result in real problems . It also presents an excellent opportunity to discuss safety hazards that are inherent in the construction environment, in general , and the asbestos abatement environment in particular, that the experienced employees are likely to take for granted. 5.5 Introduce Workers To New Safety Rules, Equipment, and Practices In addition to introducing new items , a daily toolbox safety meeting is a good time to reinforce the importance of long standing safety procedures and to remind employees of the reasons behind them. 5.6 Provide Vital Information On Accident Causes and Types Procedure 5.3 Regular meetings are the best way of keeping employees up-to-date on the hazards in their environment and what the Company is doing about them. They also make it easier for the Company to maintain accurate accident statistics , an important tool in tracing the progress of accident prevention efforts . Supervisor's Role in Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.3.3 Job Name: ______ _ Job Number: ______ _ TOOL BOX SAFETY MEETING General Safety Discussion Date of Training The United States Environmental Protection Agency uses the following definition for the term Adequately Wet: "Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates . If visible emissions are observed coming from asbestos-containing material , then that material has not been adequately wetted . However, the absence of visible emissions is not sufficient evidence of being adequately wet." (NESHAP 61 .141) THE USE OF BRIGHTLY COLORED WATER: It may be necessary , in order to assist you in being able to note when the ACM "looks" wet, that we add a bright red or green vegetable coloring agent to the amended water. This will immediately enhance the visibility of the amended water on the normally white ACM and make it easier to determine if the ACM is wet. Normally , water is our lowest cost item and there is no good reason for not using sufficient water during the abatement process to comply with this requirement. In addition , we will frequently have a construction manager, a safety manager, or even a member of the corporate staff visiting one of our asbestos abatement projects . While on site , they too will inspect the wetting and bagging procedures for compliance . If they should notice any deviations from our adequately wetting procedure , they will be required to report it to our Branch Manager. COMMENTS: EMPLOYEE SIGNATURES SIGNIFYING ATTENDANCE: Procedure 5.3 Supervisor's Role in Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.3.4 Procedure 5.3 Supervisor's Role in Training Eagle Remediation Services, Inc. Corporate Safety Manual 5.3.5 CORPORATE SAFETY MANUAL Procedure No. Date: 5.4 2/21/2008 Eagle Remediation Seroices, Inc. CONDUCTING SAFETY MEETINGS Revision: 1 Total pages: 4 1.0 PURPOSE To provide guidelines enabling supervisory personnel to conduct well-planned safety meetings , which are necessary in order to improve the overall safety record at a jobsite. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Meetings of any type represent time lost from production. However, safety meetings that are well conducted, interesting and informative, more than justify an interruption to production and are an absolute necessity in order to provide a continuing enhancement of safety awareness. 4.0 PLANNING THE SAFETY MEETING Planning is essential in order to have a successful training session. The meeting location , time of day, the subject , the method of delivery, the number of disruptions , the distraction around you, all have a role in making the safety meeting a success or a failure. 4.1 When To Hold Safety Meetings Procedure 5.4 Safety awareness meetings, or toolbox safety meetings, as they are more commonly referred to in the construction industry , should be held at the jobsite on each work day, at least once during each shift for the duration of the project. An effort should be made to hold the daily meeting at the beginning of the work shift, when the worker is fresh and is more likely to pay close attention and absorb the content of the meeting. Safety meetings that are held after the worker has just completed a hard 8-hour work shift, is almost useless since the worker's mind is more on leaving the jobsite than on the contents of the meeting . Conducting Safety Meetings Eagle Remediation Services, Inc. Corporate Safety Manual 5.4.1 4.2 Length Of Time For The Meetings Ten minutes will probably be sufficient if the supervisor is giving a routine run-down of safety regulations plus a short pep talk on the importance of working safely. In contrast, fifteen minutes should be used if the supervisor talks about a specific topic of safety, such as the care and use of a new item of equipment. Anything over fifteen minutes may well be an unjustified interruption of production . 4.3 Planning The Meetings Divide the meeting into two phases: the presentation and a question and answer session. Say that the meeting runs fifteen minutes, allocate at least ten minutes for the presentation and use the rest of the time for either questions and answers or a discussion . The last few minutes are very important. By the questions and comments, the supervisor can determine how clearly he has gotten his information across to the workers. At the same time , he can gauge the worker's reaction to changes and proposals that were passed down . This period of the meeting also allows the workers to feel that they are participating. 5.0 CONDUCTING THE SAFETY MEETING There is a method to conducting a "good" safety meeting. If the supervisor is well prepared and knows his topic , the right message will be gotten across to the workers. If the supervisor fumbles for words , does not appear to know the topic well, then this is the way the worker is going to view the training . 5.1 Rehearse Rehearse your presentation. Look over your information and know what you are going to say and how you are going to say it before you stand up in front of your workers. When you feel like you know what you are talking about , your workers will believe you know what you are talking about. 5.2 The Presentation Procedure 5 .4 Be business like, but not dictatorial. Be serious enough to convince the workers that the information is worth their attention. This does not mean that the supervisor cannot smile or inject a little humor into the meeting . In fact , a light touch at the beginning will help everyone to relax . The presentation must be held in a language which can be understood by the majority of the work force . Conducting Safety Meetings Eagle Remediation Services, Inc. Corporate Safety Manual 5.4.2 5.3 Be Brief and To The Point The supervisor should organize and mentally go over the meeting prior to its beginning . Any irrelevant ideas should be chopped away . Excess verbiage is not necessary and often adds confusion to the topic being discussed . Keep the message clear and concise . 5.4 Use Train ing Aids Training aids of any kind can be of great assistance to you in making your presentation . For example , holding up a battered and broken hard hat that took the impact of a falling object while pressing a point about the wearing of personal protective equipment , will tend to make quite an impression . 5.5 Hold A Question and Answer Period The supervisor must listen attentively, even though he may think he knows exactly what the speaker will say . The worker may fool him , and even if he doesn't, he could feel slighted if the supervisor does not give him his full attention . Also , remember the tried-and-true rule : Praise in public , criticize in private. Resist the temptation to take the wind out of some hothead's sails by blasting him in front of his co-workers. Along the same line , do not argue a point with any of your workers while in front of others . First , because it wastes meeting t ime and second , your chances of getting a worker to admit he's wrong in front of his co-workers are pretty slim. Discuss the matter later in private. And if you were wrong and made a wrong statement in front of your workers , make certain that you correct yourself the next time you hold a meeting. 5.6 Never Brush Off A Complaint Procedure 5.4 Answer a complaint on t he spot if you can . Otherwise promise to look into it and to get back to the complainant , as qu ickly as possible . Do not try to bluff your way out of a hot corner or you will be labeled a supervisor who does not know what he is talking about. Safety Meetings , like driving , often bring out the worse in some people . These are the ones who either will not talk or will not shut up , and who d isagree with everything , or bring up a completely unconnected or unrelated subject just to complain. How the supervisor handles these individuals will determine the success , or failure of the safety meeting . The supervisor is the key figure in determining whether a meeting is useful and informative or useless and time consuming . That is why the supervisor must prepare himself fully for a safety meet ing , as he does for deciding project schedules, manpower requirements and other major questions . Conducting Safety Meetings Eagle Remediation Services, Inc. Corporate Safety Manual 5.4.3 6.0 TOOLBOX SAFETY MEETING FORM While the daily Toolbox Safety Meetings are used as a means of applying persistence to our safety awareness program , the Toolbox Safety Meeting form are the records of these meetings . These meeting forms must be filled out completely before beginning the meeting. In other words, the message that is going to be given to the workers must be written or printed on the form prior to giving the talk . This is necessary, because we must not request a worker to sign for a training program he or she has not received . Many of these forms will be pre-printed and available for your use, however, if you need to provide a specific message, or need more space, blank Toolbox Safety Meeting forms will be available . If you need to use more than one form, you can staple two or more forms together . The rule of thumb is the more information on the form , the better . If necessary, use a blank form and write up a detailed review of the information being provided to the workers during the tool box talk directly onto the form. The form must be signed by each individual attending the talks. If there is a large crew, two or more report forms can be circulated and then stapled together, as long as both forms have the same topic information on them. Having a completed Toolbox Safety Meeting form on the jobsite for each daily safety toolbox talk that has been held , is proof to any regulatory agency compliance officer that safety is a daily part of each day's program on your project. On many occasions, experience has shown us the value of being able to present OSHA with copy of a Toolbox Safety Meeting form that has a complete safety message printed on it and has been signed by each of the workers on the job, as proof that we are providing an on-going, daily program of safety awareness on a wide variety of topics. Refer to Section 5-3 of this Corporate Safety Manual for a sample copy of a daily Toolbox Safety Meeting form. Procedure 5.4 Conducting Safety Meetings Eagle Remediation Services, Inc. Corporate Safety Manual 5.4.4 CORPORATE SAFETY MANUAL Procedure No. Date: 5.5 2/21/2008 Eagle Remediation Services, Inc. JOB SAFETY ANALYSIS Revision: 1 Total pages: 4 1.0 PURPOSE To define minimum requirements and responsibilities to identify, analyze and control potential hazards or risks associated with specific job tasks and equipment operation with the goal of preventing occupational injuries and illnesses. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY To conduct a careful study of jobs within our organization in a further effort to define the specific content of training necessary to successfully reduce accidents, injuries, and illnesses. 4.0 RESPONSIBILITIES 4.1 Branch Each Branch is responsible for implementing a Job Safety Analysis (JSA) program consistent with this procedure and completing a Job Safety Analysis for each job task which has potential hazards which could cause injury or illness. 4.2 Branch Health and Safety Officer Procedure 5.5 The Branch Health and Safety Officer is responsible for assigning a risk factor to the potential hazards identified, based on incident probability of occurrence and severity of consequence. This risk factor will be used in establishing priorities for completion of the recommended control measures. The Branch Health and Safety Officer is responsible for tracking JSA recommendations and responses until completed. Job Safety Analysis Eagle Remediation Services, Inc. Corporate Safety Manual 5.5.1 5.0 REQUIREMENTS Each Branch must have a written JSA procedu re which follows these gene ral guidelines: 5.1 Identify Tasks Prioritize tasks for analysis beginn ing with tasks with a high incident frequency and severity potential, or new previously unanalyzed jobs . At a minimum , the job tasks and/or equipment listed in Paragraph 6 .0 of this section , must be analyzed and reviewed with each employee prior to his participation in the job activity. 5.2 Break-down Tasks Break the job task down to its principal component parts and list in sequential order on the JSA form, a copy of which is included within this section. Identify and record all potential hazards and risks , such as: • exposure hazards ; • material handling hazards ; • slip or fall hazards ; • strike against or struck by hazards ; and • caught in or caught between object hazards. 5.3 Observe Tasks Select an employee to observe who is pe rforming the job task . View the task being perfo rmed , as many times as necessary to ensure all potential hazards have been identified . 5.4 Review the Tasks Procedure 5.5 When the observations of the tasks have been completed , review all of the recorded observations with t he employee to ensure that all steps were included and note any deviations from normal practice. Job Safety Analysis Eagle Remediation Services , Inc. Corporate Safety Manual 5.5.2 5.5 Reducing the Hazards List on the JSA form , all of the effective methods by which the potential hazards that have been identified can be reduced . This includes : • eliminating the specific hazard by installing guarding , ventilation , interlocks , enclosures, etc .; • providing or modifying the equipment, which will reduce exposure to or contact with the hazard. For example , using mechanical handling or lifting equipment instead of physical handling or lifting ; • changing the physical conditions or layout of the job requirements ; • reducing the frequency of the job activity ; • substituting a less hazardous material or substance ; and • increasing the personal protective equ ipment. 5.6 Incident Review The JSA must be reviewed following any accident or incident , generally during the following investigation . A Branch must also review annually , job classifications and the job tasks associated with it , and prioritize job tasks to be analyzed based upon accident experience or perceived risk . 6.0 HAZARDOUS TASKS The following job tasks and/or equipment are recognized , as being hazardous through Company experience and must be analyzed through the JSA process and reviewed with each employee assigned to the job : Procedure 5.5 • high pressure washing systems; • crane operations ; • transferring flammable or corrosive chemicals to or from containers ; • trenching or excavation ; • forklift truck operation ; • use of ut ility kn ives ; • operation of vac uum trucks ; • working with electrical equipment in a wet environment; • working off elevated work platforms or manlifts ; • climbing or descending ladders or scaffolds wh ile wearing protective cloth ing and respirators ; and • picking up and laying down bags of adequately wet waste . Job Safety Analysis Eagle Remediation Services, Inc . Corporate Safety Manual 5.5.3 JOB SAFETY ANALYSIS FORM POSITION TITLE:---------------DEPT: -------DATE: ________ _ JOB: __________________ _ PAGE: ___ OF ___ PAGES TASK/STEP NUMBER TASK OR STEP POTENTIAL HAZARDS IDENTIFIED RECOMMENDED CONTROL MEASURES I I I PREPARED BY : TITLE : SIGNATURE: --------------------------------- Procedure 5.5 Job Safety Analysis Eagle Remediation Services, Inc. Corporate Safety Manual 5.5.1 CORPORATE SAFETY MANUAL Procedure No. Date: 5.6 2/21/2008 Eagle Remediation Seroices, Inc. ASBESTOS TRAINING Re v ision: I Total pages: 5 1.0 PURPOSE To define minimum training requirements for Eagle asbestos abatement personnel. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY To ensure that each employee of Eagle working as an Asbestos Handler or an Asbestos Supervisor receives the required asbestos training necessary to enable that employee to safely carry out his or her work assignments and meet all regulatory training requirements. 4.0 REQUIREMENTS AND RESPONSIBILITIES 4.1 Training Program All Eagle personnel employed as asbestos abatement professionals will participate in the "Asbestos Training Program ". Courses offered as part of this training program will be USEPA accredited and approved by the local agency having jurisdiction in the area the course is given or meant to be used for certification. Training courses are taught by outside contractors, so that Eagle can utilize the services of quality training professionals . 4.2 Worker Training All Eagle personnel employed as asbestos abatement workers will complete at least a 4-day training course as outlined below. The worker training course will include lectures, demonstrations, at least 14 hours of hands-on training , individual respirator fit testing, course review , and an examination . The training course will adequately address the following topics: Procedure 5.6 Asbestos Training ( 1) Physical characteristics of asbestos. Identification of asbestos , aerodynamic characteristics, typical uses , and physical appearance, and a summary of abatement control options . Eagle Remediation Services, Inc. Corporate Safety Manual 5.6.1 Procedure 5.6 Asbestos Training (2) Potential health effects related to asbestos exposure . The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level ; the synergistic effect between cigarette smoking and asbestos exposure ; the latency periods for asbestos-related diseases ; a discussion of the relationship of asbestos exposure to asbestosis , lung cance r, mesothelioma , and cancers of other organs . (3) Employee personal protective equipment. Classes and characteristics of respirator types ; limitations of respirators ; proper selection , inspection ; donning , use , maintenance , and storage procedures for respirators ; methods for field testing of the face piece-to-face seal (positive and negative-p ressure fit checks); qualitative and quantitative fit testing procedures ; variability between field and laboratory protection factors that alter respiratory fit (e.g ., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing ; use , storage , and handling of non-disposable clothing ; and regulations covering personal protective equipment. (4) State-of-the-art work practices . Proper work practices for asbestos abatement activities , including descriptions of proper construction ; maintenance of barrie rs and decontamination enclosure systems ; positioning of warning signs ; lock-out of electrical and ventilation systems ; proper working techniques for minimizing fiber release ; use of wet methods ; use of negative pressure exhaust ventilation equipment; use of high- efficiency particulate air (HEPA) vacuums; proper clean-up and disposal procedures ; work practices for removal , encapsulation, enclosure , and repair of ACM ; emergency procedures for sudden releases ; potential exposure situations ; transport and disposal procedures ; and recommended and prohibited work practices . (5) Personal hygiene . Entry and exit procedures for the work area , use of showers , avoidance of eating , drinking , smoking , and chewing (gum or tobacco) in the work area , and potential exposure , such as family exposure . (6) Additional safety hazards . Hazards encountered during abatement activities and how to deal with them , including electrical hazards , heat stress , air contaminants other than asbestos , fire and explosion hazards , scaffold and ladder hazards , slips , trips , and falls , and confined spaces. Eagle Remediation Services, Inc. Corporate Safety Manual 5.6.2 (7) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations, including a pulmonary function test , chest X-rays , and a medical history for each employee. (8) Air monitoring . Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it. (9) Relevant Federal, State, and local regulatory requirement, procedures, and standards. With particular attention directed at relevant EPA , OSHA , and State regulations concerning asbestos abatement workers . (10) Establishment of respiratory protection programs. (11) Course review . A review of key aspects of the training course . 4.3 Supervisor Training Procedure 5.6 Asbestos Training All Eagle personnel employed as asbestos abatement supervisors will complete at least a 5-day training course as outlined below . The training course will include lectures , demonstrations , at least 14 hours of hands-on training , individual respirator fit testing , course review , and a written examination. The contractor/supervisor training course will adequately address the following topics : (1) Physical characteristics of asbestos and asbestos-containing materials . Identification of asbestos , aerodynamic characteristics , typical uses , physical appearance , a review of hazard assessment considerations , and a summary of abatement control options . (2) Potential health effects related to asbestos exposure. The nature of asbestos-related diseases; routes of exposure ; dose-response relationships and the lack of a safe exposure level; synergism between cigarette smoking and asbestos exposure ; and latency period for diseases . (3) Employee personal protective equipment. Classes and characteristics of respirator types ; limitations of respirators ; proper selection , inspection ; donning , use , ma intenance , and storage procedures for respirators ; methods for field testing of the face piece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures ; variability between field and laboratory protection factors that alter respiratory fit (e .g., facial hair); the components of a proper respiratory protection program ; selection and use of personal protective clothing; use , storage , and regulations covering personal protective equipment. Eagle Remediation Services, Inc. Corporate Safety Manual 5.6.3 Procedure 5.6 Asbestos Training (4) State-of-the-art work practices . Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems ; positioning of warning signs ; lock-out of electrical and ventilation systems ; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment ; use of HEPA vacuums ; and proper clean-up and disposal procedures. Work practices for removal , encapsulation, enclosure , and repair of ACM ; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices . New abatement-related techniques and methodologies may be discussed . (5) Personal hygiene . Entry and exit procedures for the work area ; use of showers ; and avoidance of eating , drinking , smoking, and chewing (gum or tobacco) in the work area. Potential exposures , such as family exposure, shall be included. (6) Additional safety hazards . Hazards encountered during abatement activities and how to deal with them, including electrical hazards , heat stress , air contaminants other than asbestos , fire and explosion hazards, scaffold and ladder hazards , slips , trips , and falls , and confined spaces . (7) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations , including a pulmonary function test , chest X-rays, and a medical history for each employee. (8) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers , including descriptions of aggressive air sampling , sampling equipment and methods , reasons for air monitoring , types of samples and interpretation of results . EPA recommends that transmission electron microscopy (TEM) be used for analysis of final air clearance samples, and that sample analyses be performed by laboratories accredited by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP). Eagle Remediation Services , Inc . Corporate Safety Manual 5.6.4 Procedure 5.6 Asbestos Training (9) Relevant Federal, State, and local regulatory requirement, procedures, and standards including: a. Requirements of TSCA Title II. b. National Emission Standards for Hazardous Air Pollutants (40 CFR part 61 ), Subparts A (General Provisions) and M (National Emission Standard for Asbestos). c. OSHA standard for respiratory protection (29 CRF 1910.134). d. OSHA Asbestos Construction Standard for Asbestos (29 CRF 1926 .1101). e. EPA Worker Protection Rule , (40 CFR part 763 , Subpart G). (10) Respiratory Protection Programs and Medical Monitoring Programs . (11) Insurance and liab ility issues. Contractor issues ; worker's compensation coverage and exclusions; third party liabilities and defenses; insurance coverage and exclusions. (12) Recordkeeping for asbestos abatement projects. Records required by Federal , State , and local regulations; records recommended for legal and insurance purposes. (13) Supervisory techniques for asbestos abatement activities . Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices. (14) Contract specifications . Discussions of key elements that are included in contract specifications . (15) Course review. A review of key aspects of the training course. Eagle Remediation Services, Inc. Corporate Safety Manual 5.6.5 CORPORATE SAFETY MANUAL Proce dure No. Date: 6.1 2/21/2008 Eagle Remediation Services, Inc. SUBCONTRACTOR POLICY Revi s ion: 1 Total pages : 6 1.0 PURPOSE To familiarize all Eagle Subcontractors with the Company 's safety rules , procedures , and guidelines for controlling jobsite accidents and injuries . 2.0 SCOPE This section applies to all Branches, all contractors working on a subcontract to Eagle , and all Branches utilizing subcontract labo r. 3.0 POLICY Each subcontractor will be expected to be aware of and comply with all local , state , and federal safety standards and regulations . Each subcontractor will be furnished a non-controlled copy of Eagle Corporate Safety Manual and will be required to comply with those portions of the manual which deal with jobsite safety and health. 4.0 GENERAL In many states , and under federal OSHA , Eagle is respons ible for the safety violations of its subcontractors . In addition , an injury to a subcontractor's employee could potentially expose Eagle to a possible civil lawsuit. Therefore , coordination between the accident prevention activities of the subcontractor and those of Eagle , is a must, if the objective of accident frequency reduction and lowered costs are to be achieved . Prior to the commencement of any work on a Eagle project , the subcontractor will ensure that all his personnel , both supervisory and hourly , receive a safety and health orientation from either the Eagle superintendent or another Eagle supervisor on the project. Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc. Corporate Safety Manual 6.1.1 5.0 SUBCONTRACTOR RESPONSIBILITIES The subcontractor will provide to the Eagle superintendent on the project , his job supervisor's home address and telephone number, so that he may be contacted after hours in case of an emergency involving the subcontractor's work or his equipment. The subcontractor will ensure that his safety program is in compliance with all of the existing safety and health requirements of local , state and federal regulatory agencies . Where applicable, this may include , but not be limited to , hazard communication training , personal protective equipment training , respiratory protection training (including respirator fit testing), required medical examination and clearance , etc . In addition to compliance with the safety requirements of all applicable regulatory agencies , the subcontractor is also responsible for explaining the Eagle Safety Program to his employees and for securing compliance with them . The subcontractor is responsible for all employees working for him and for all other persons calling on him or doing business with him while on a Eagle jobsite . 6.0 SUMMARY OF SUBCONTRACTOR SAFETY RULES The following summary of some important accident prevention rules and work procedures apply to all Eagle subcontractors while working on Eagle projects : 6.1 Medical Facilities Subcontractors must furnish their own fi rst aid supplies , which are to be located in a place where they are immediately available to his personnel. When requested , Eagle will furnish the subcontractor with Emergency Telephone Number posters which must be filled out and posted throughout the jobsite. 6.2 Accident Reporting All subcontractor accidents are to be reported immediately to the Eagle jobsite superintendent. In addition , a copy of each accident report prepared is to be provided to the Eagle superintendent within 24 hours of the incident's occurrence . 6.3 Clothing The subcontractor will be expected to comply with Eagle's requirement for the wearing of appropriate construction-type clothing by all of his personnel. The minimum work clothing that is acceptable fo r all Eagle or Eagle subcontractor employees working on a Eagle construction site , is long pants , good work shoes or boots , and a shirt, that completely covers the worker's shoulders and provides adequate protection against such hazards as concrete splash , abrasions to the skin , oil or grease spills , and slag from welding or cutting . Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc . Corporate Safety Manual 6.1.2 6.4 Personal Protective Equipment Approved hard hats must be worn at all times , when on the jobsite. Hearing protection must be wo rn in all areas of high noise levels. Safety goggles , safety glasses , face shields , etc ., must be worn whenever the potential for eye injury exists . Appropriate respiratory protection equipment must be used when conditions warrant. Suitable protective clothing must be worn when required . Approved safety harness and properly attached safety lines must be worn by all subcontractor employees working at unprotected heights . 6.5 Inspections Subcontractors are required to conduct a daily safety check of each of the areas where their men are working and to report any unsatisfactory conditions to the Eagle superintendent. Daily safety inspections are required on all Eagle jobsites . The daily inspections will be conducted either by the Eagle superintendent or an individual whom the Eagle superintendent has assigned to this responsibility . Subcontractors will be required to correct any unsat isfactory safety conditions created as a result of their operations within a reasonable period of time. If not done , violation procedures will apply. 6.6 Violation Procedures When unsafe conditions or practices are observed by the Eagle superintendent , the Eagle safety coordinator , or a representative of the Eagle Safety Office , the subcontractor supervisor will be requested to correct them . If no action is taken within a reasonable length of time , a letter outlining the violation will be issued and submitted to the management offices of the subcontractor and Eagle for appropriate action. 6.7 Safety Meetings All Eagle craft personnel are required to participate in daily tool box talk safety meetings . These are short training sessions held by the Eagle supervisory staff or the company safety coo rdinator to comment on one or more job hazards and safe practices to follow for avoiding accidents. Subcontractors are required to either participate in these meetings or to conduct similar meetings for their personnel. If separate meetings are held, they should be documented in a brief report filed with the Eagle superintendent. 6.8 Electrical Equipment Subcontractors are responsible for maintenance of their extension cords. Defective extension cords must be removed from service immediately. Subcontractors are expected to use ground fault circuit interrupters (GFCI), whenever possible , and will furnish a copy of their Assured Equipment Grounding Conductor Program to the Eagle superintendent. Prio r to working on electrical equipment, the subcontractor must make certain that all electrical circuits in the immediate vicinity of his wo rk are appropriately protected or that they are either locked out or tagged out of service to Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc. Corporate Safety Manual 6.1.3 assure that no one will accidentally energize the circuit. 6.9 Fire Protection Gasoline and other flammable liquids must be kept in approved containers and storage requirements for quantities and types used must comply with local and federal regulations. "NO SMOKING" signs must be posted in areas where flammable liquids are stored. The subcontractor will be expected to enforce all "NO SMOKING" areas located on the jobsite. The subcontractor will be expected to furnish the appropriate number, size, and type of portable fire extinguishers required for the job and to provide the necessary training to his personnel in their use . Fire extinguishers are not to be tampered with or removed from their assigned locations. 6.10 Housekeeping Good housekeeping practices are extremely important, and subcontractors are responsible for housekeeping conditions in their respective work areas. Refuse and scraps should not be allowed to accumulate, particularly when they interfere with work flow or create additional fire hazards. Combustible materials must be placed in appropriate metal containers and not be permitted to accumulate in the work area . 7.0 SUBCONTRACTOR EMERGENCY ACTION PLAN Each subcontractor working on an Eagle jobsite is required to have a site-specific Emergency Action Plan. The minimum elements of the Emergency Action Plan, which must be in writing and physically located at the jobsite, must include the following: The method in which emergency situations are announced. Emergency escape procedures and emergency escape route assignments. Procedures to be followed by employees who must remain to operate any critical equipment which has to be shut down before they can evacuate. Procedures to account for all employees after emergency evacuation has been completed . Who will provide rescue and medical duties as required. The method of reporting fires and other emergencies . Names and/or job titles, as well as telephone numbers , of persons to be contacted for additional information about the Emergency Action Plan. The subcontractor must ensure that his Emergency Action Plan is written in accordance with the requirements of OSHA Standards, 29 CFR 1926 .24, entitled Fire Protection and Prevention, and 29 CFR 1926.35, entitled Employee Emergency Plans, both of which require that each employer be responsible for the development and maintenance of an effective Emergency Action Plan at the jobsite. Copies of the subcontractor's Emergency Action Plan must be provided to the Eagle jobsite superintendent and also posted where the subcontractor's employees are working at the jobsite. Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc. Corporate Safety Manual 6.1.4 8.0 SUBCONTRACTOR SITE SECURITY The subcontractor should take the required security measures to protect his materials, including those furnished to him by Eagle , in as much as Eagle will not be responsible for any missing subcontractor materials or tools . The subcontractor will be responsible for any loss or damage caused by him, his workmen , or his subcontractors to the work or materials , to adjacent property, and to persons. 9.0 USE OF EAGLE' EQUIPMENT BY THE SUBCONTRACTOR Subcontractors will not be authorized to use any Eagle item of equipment , including scaffolding , ladders, fall protection harnesses, personal protective equipment, respiratory protection, etc., unless the subcontractor completes an Indemnification Agreement with Eagle prior to the use of such Equipment. A sample of an Indemnification Agreement is included within this section. Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc. Corporate Safety Manual 6.1.5 INDEMNIFICATION AGREEMENT FOR THE USE OF EAGLE EQUIPMENT WHEREAS , Eagle is using , or will cause to be used, certain items of equipment for its own use and convenience , in connection with work performed at the -------------- jobsite, and WHEREAS , , a subcontractor to Eagle , desires to use such items of equipment , for performing certain work at said location ; NOW , THEREFORE , in consideration of the premises and of the undertakings of the subcontractor hereinafter stated , Eagle hereby consents to said use by the subcontractor of such items of equipment as are listed below , at the convenience of Eagle , subject to and on the following terms and conditions : (a) That , subcontractor, agrees to indemnify and hold harmless Eagle for any loss, damage and/or expense because of an injury to the person or property of the parties hereto and their employees , and to the person or property of any other person or corporation arising out of the existence , maintenance or use of such items of equipment by the subcontractor. (b) That the subcontractor further agrees (1) to insure the liability assumed in paragraph (a) above , in a reliable and acceptable insurance company , and (2) to maintain insurance in such an insurance company , providing the subcontractor with Workers Compensation and Commercial General Liability insurance on the operations of the subcontractor at the premises described above and will furnish to Eagle certificates of insurance to that effect naming Eagle , as an additional insured. (c) That Eagle will not and does not guarantee the safety or suitability of any of its items of equipment for the purposes of the subcontractor , nor does it agree to leave in place or to put in place any particular item of equipment at any particular time for another contractor's use . Eagle makes no warranty or representation , express or implied , as to any matter whatsoever , includ ing , without limitation , the condition of the items of equipment, its merchantability or its fitness for any particular purpose , and as Eagle , the subcontractor uses the items of equipment "as is" except that Eagle warrants that Eagle will have , at the time of use hereunder of each item of equipment, title thereto . IN WITNESS WHEREOF , Eagle and ------------' subcontractor, have executed this instrument this ____ day of________ , 20 __ . For Eagle Facilities Services: (Signature) (Title ) LIST ITEMS OF EQUIPMENT: Procedure 6.1 Subcontractor Policy Eagle Remediation Services, Inc. Corporate Safety Manual 6.1.6 For Subcontractor: (Insert Name) (Signature) (Title) CORPORATE SAFETY MANUAL Procedu re No. Date: 6.2 2/21/2008 Eagle Remediation Seroices, Inc. VISITOR AND SUBCONTRACTOR SAFETY Revi sion : I Total pages : 14 1.0 PURPOSE To define minimum Company requirements and responsibilities for Eagle operations to assure the safety of employees , subcontractors , and visiting outside personnel. 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY A contract must be maintained , which includes requiring all subcontractors and consultants to comply fully with Eagle's Corporate Safety Manual , all Regulatory Agency Standards , and all local , state , and federal regulations . 4.0 DEFINITIONS Active Areas : Any areas in which there is a potential for exposure to hazardous materials or activity. These areas include , but are not limited to , restricted areas , areas where hazardous operations are being conducted , exclusion and decontamination zones , process areas , hazardous waste storage areas , and any area defined as an "Active Area" by either Eagle or its customer . Subcontractor/Contractor: Any person or employee, who is not employed by Eagle Facilities Services Corporation or an Eagle Branch , and who is covered by a site-specific contractual agreement to perform specific work activities at an Eagle facility or Eagle field operation. Employer Visitor: An Eagle employee or contracted employee who is visiting the Eagle facility or Eagle field operation on Company business , such as a Corporate Health and Safety Director or a contracted air monitoring technician . Non-Employee Visitor : Non-company person nel who are not covered by a site- specific contractual agreement to visit or perform specific activities in an active area of the jobsite. This may include vendors , representatives or employees of local , state , or federal regulatory agencies , a representative of the customer, or operators of third party commercial motor vehicles . Visitor : A general term used to describe a contractor, employee visitor, or non- employee visitor. Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.1 5.0 REQUIREMENTS and RESPONSIBILITIES Each Eagle facility and jobsite should maintain a Visitors Log and require all visitors to sign in and out. Visitors to an Eagle facility or jobsite should be escorted at all times unless they have been fully oriented and granted permission to be unescorted by the facility or project manager. Exceptions to this will be Corporate Safety personnel. Unescorted visitors should participate in a documented orientation . Content of the training will be dependant on the type of visit and the areas to be entered , and generally the training should consist of: general information about the facility or site , processes , operations and his tory; site safety rules and requirements associated with entry to the active areas ; and emergency action procedures for visitors . 5.1 General Procedure 6.2 Each Branch should develop and implement a standard operating practice which defines the site-specific visitor safety requirements consistent with the requ irements of this procedure. Each Branch , Eagle facility , or project jobsite should maintain a supply of clean hard hats and safety glasses for use by visitors. Unless the visitor is an Eagle employee with the proper OSHA and State required documentation , th is is the only type of protective equipment that should be provided to the visitor. A means to visibly identify visitors must be deve loped , such as badges , color coded hard hats , etc . Each facility or jobsite should anticipate emergency situations which require visitor maintenance personnel to enter an active area, and to develop a plan of action which assures communication of hazards , personnel protection , contractual agreements , and oversight of the activity. Visitor vehicles must not be allowed in active areas without specific permission of the facility or jobsite superintendent. Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.2 5.2 Non-Employee Visitor All non-employee visitors should be precluded from entering all active areas of the jobsite . Regulatory personnel or authorized representatives of the owner or general contractor should only be permitted into areas requiring personal protective equipment and respiratory protection , if they possess current documentation of training , as required by local, state, and federal regulatory agencies and possess the necessary personal protective equipment to enter the area. 5.2.1 Medical Surveillance Eagle is not required to verify that a Compliance Officer is actively participating in a medical surveillance program to ensure that he or she is medically qualified to enter an asbestos enclosure, nor is Eagle required to verify that the Compliance Officer has , within the past six months , been correctly fit-tested for the respirator he or she is using . OSHA Regional Administrators and Area Directors are responsible for ensuring that all Compliance Officers who visit an asbestos jobsite have been medically cleared via the CSHO Physical Examination Procedure . This medical examination complies with the conditions of OSHA's Medical Surveillance requirements in any of the applicable standards, (e .g. Asbestos , Lead, etc.). 5.2.2 Respirator Fit Test OSHA Regional Administrators and Area Directors are responsible for ensuring that all Compliance Officers are provided with semi- annual respirator fit-testing, in accordance with the requirements of the asbestos standard . 5.3 Employee Visitors Procedure 6.2 Employee visitors should not be permitted to enter active areas unless they possess documentation that they are trained , as required by the site and OSHA regulations. Eagle can only provide limited personal protective equipment to Company employees . Employee visitors should be escorted in the active areas unless otherwise stated by the project manager. Visitors who are not escorted, must be familiar with and follow site safety rules and regulations , operating procedures , and emergency action plans. Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.3 6.0 FIREARMS and SUBSTANCE ABUSE The policy of Eagle regarding illegal drugs and controlled substances , alcoholic beverages , and firearms is contained within Eagle's Illegal Drugs , Alcohol & Firearms Policy for Subcontractors , a copy of which is included within this section. 7 .0 SUBCONTRACTORS Each Branch will maintain a written description of the requirements for contractors . The program must contain at least the following : Procedure 6.2 A description of the site rules for safety and the personal protection requirements for subcontractors. A description of the means used to pre-qualify the contractor prior to signing the contractual agreement. Prior to contracting the services of a subcontractor or consultant to perfo rm work at an Eagle facility or jobsite , the Branch Health and Safety Officer shall review and approve the subcontractor's Pre-qualification form . A requirement that the jobsite designate an Eagle individual responsible for the subcontractor's activities and addressing contractor concerns . All questions , suggestions , and requirements should be conveyed to the subcontractor through this individual. In the case of imminent danger situations , all subcontractor activity must stop immediately and remain stopped until the Eagle contact is notified and corrective measures implemented . A contract must be maintained , which includes requiring contractors to comply with all jobsite safe ty rules and regulations , as well as Regulatory Agency Standards and a completed Subcontractor's Safety Declaration form, a copy of which is included in the section. A requirement that the site-spec ific orientation be provided to the subcontractor , which includes site/area specific safety rules and regulations , potential hazards , accidenUincident reporting procedures , and Emergency Action Plans and procedures . Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.4 8.0 CERTIFICATION The subcontractor shall provide certification or documentation to Eagle that all personnel who will work on-site : are tra ined in Hazardous Waste Operations and Emergency Response 29 CFR 1910 .120 (if required); are medically qualified to perform the work , as intended ; are trained , as required by OSHA and/or EPA , to perform the intended wo rk safely and without injury to self or others ; are tra ined in the Hazard Communication Standa rd , 29 CFR 1926 .59 , and aware of the hazards of materials with which they will be working ; are at least eighteen (18) years of age ; have been provided with all of the personal protective equipment, including hard hats , safety glasses , respirators , protective clothing , and fall protection harnesses and lanyards , necessary to perform the intended work safely (Eagle will not provide this equipment); if required to wear a respirator , have received the necessary training and have been properly fit-tested ; and if required to enter a regulated area , will fi rst provide Eagle with legible copies of their Physician 's Written Opinion , their respirator fit- test record , and their asbestos or lead training certificates . The subcontractor must also certify that regula rly scheduled maintenance will be performed on owned or leased vehicles and equipment , as required by state and/or federal regulations. As defects become known , the vehicle or equipment must be removed from service until repairs are completed . 8.1 Reporting Procedure 6.2 All injuries , accidents , and incidents involving damage to property , spills , fires , theft or loss of equipment incurred by a subcontractor or involving subcontractor employees on Eagle premises or while performing work for Eagle , must be reported to the Eagle contact individual in writing before the end of the next wo rk shift . All OSHA report in g and recordkeeping for the subcontractor's employees will be t he sole responsibility of the subcontractor and will not use Eagle forms in completing incident reports . Visitor and Contractor Safety Eagle Remediation Services , Inc. Corporate Safety Manual 6.2.5 8.2 Permits All hazardous work requiring the completion of permits, such as Hot Work, Line Breaking, and Confined Space Entry , etc., must be performed in accordance with Eagle procedures and approved by the Branch Health and Safety Officer or a Eagle Corporate Health and Safety Director. 8.3 Health and Safety Plans Procedure 6.2 The Eagle contact individual will be responsible for obtaining from the subcontractor, a copy of their site/task specific Health and Safety Plan, which meet the requirements of Sections 6-1 and 6-2 of the Eagle Corporate Safety Manual. This requirement does not apply to transporters of hazardous waste, activities outside of the active areas or other activities limited to monitoring, observation, etc. Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.6 CONTRACTOR'S SAFETY DECLARATION As the duly authorized and designated representative and agent of , hereinafter called "Contractor ," I hereby certify and agree for myself and for and on behalf of Contractor that: Contractor has received an orientation briefing by Eagle includ ing , but not limited to , site specific safety rules , accident/injury reporting , emergency procedures and potential hazards in the Contractor's work area du ring routine site operations ; Contractor will instruct all of its agents and employees in the topics covered at the above orientation , before they are allowed to work on-site; Contractor has received a written copy of the site specific safety rules and will ensure that its employees and agents comply with those rules, as well as any applicable federal , state , and local health and safety regulations ; Contractor will provide requ ired respirators and personal protective equipment for its employees and agents working on Eagle property or jobsites ; Contractor employees have been examined within the past 12 months and have been medically qualified to perform their work assignments (including the wearing of respirators and personal protective equipment) in accordance with state and federal OSHA regulations ; Contractor employees have received training in appropriate health and safety topics (including , but not limited to , respiratory protection , hearing conservation , hazard communication and equipment operation), in accordance with state and federal OSHA and/or state and federal EPA regulations ; and Contractor performs regularly scheduled maintenance on owned or leased vehicles and equipment , as per state and federal OSHA regulations (29 CFR 1910 and 1926) and federal DOT regulations . Known defects will be repaired prior to operation and , as defects become apparent during equipment operation , the equipment will be taken out of service until repairs are made . This declaration is hereby incorporated into the Contractual agreement with which is dated -------------------------- Contractor's Representative : Date Eagle Employee Giving Orientat ion : Date Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services , Inc. Corporate Safety Manual 6.2 .7 CONTRACTOR/ CONSULTANT PRE-QUALIFICATION FORM This safety related information must be provided by each contractor/consultant to be considered for bid evaluation and/or contractual agreement with Eagle. This same information must be subm itted on all lower tier (major) subcontractor's performing work on the project site . BACKGROUND Preparation Date : ______ _ 1. Company Name: --------------------------- Complete Address : -------------------------- Phone No .: -------------Fax No .: ------------ Company representative preparing this form : Name: Title : ----------------------------- INSURANCE 1. Have any claims been made aga inst your insurance in the last 3 years? If yes , please explain : Yes D No D 2 . Attach a current Certificate of Insurance listing your policy limitations (each occurrence) and expiration date for the follow ing : a. Comprehensive General Liability b. Workers' Compensation (B) c . Professional Liability d . Umbrella Coverage 3. Can you arrange for Eagle to be an additional named insured on your general , auto, umbrella liability insurance? Yes D No D If no, explain : ----------------------------- 4. Will you provide indemnification to Eagle? Yes D No D If no , explain : ____________________________ _ BONDING 1. To what limit is your company bonded?--------------------- 2. Have you ever defaulted on a bonded contract? Yes D No D If yes , explain ____________________________ _ 3. Provide your current and last policy year worker's compensat ion insurance Loss-Ratio Data (LRD). Current year ____ _ Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual LRD ____ _ 6.2.8 Last year ____ _ LRD ____ _ Loss Ratio Data = Incurred losses x 100 W.C . premium QUALITY ASSURANCE 1. Do you have a Quality Assurance Program? Yes D No D If no , please explain : explain ----------------------- HEAL TH & SAFETY 1. Provide the following Workers Compensation Experience Mod ification Rate (EMR) information : a. List your firm's Interstate Experience Modification Rate for the three (3) most recent years , as evidenced in Workers Compensation Insurance premiums. 20 ___ _ 20 ___ _ 20 ___ _ b. Policy annive rsary date : ___ _ c . For what state(s) is the EMR you are submitting : _____________ _ d. Is the EMR for the entire company or for a part icular department or division? ___ _ 2 . Prov ide the following information from your OSHA 200 Logs for t he past 3 years : Last year Second year Th ird year a. Number of Fatalities (Col. 1 and 8) b. Total number of recordables (Co l. 1 ,2 ,6 ,8 ,9 and 13) C. Number of Lost Workday cases (Col. 3 and 10) d. Number of Medical only cases (Col. 6 and 13) e. Total number of hours worked 3 . How are accident records and summaries kept? How often are they reported? _____ _ ________________________ Monthly D Annually D a . Accidents totaled for entire company Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.9 Yes D No D Monthly Annually D D 4 . 5. b. C . Accidents totaled by project Accidents totaled by superintendent D D D D D D D D How are the costs of individual accidents kept? How often are they reported? Monthly D Annually D Yes No Monthly Annually a . Costs totaled for entire company D D D D b . Costs totaled by project D D D D C. Costs totaled by superintendent D D D D Are accident reports (OSHA 200) and reports sent to following? How often? a . b. C. d . Field Superintendent Project Manager Operations Manager President D Yes D D D No D D D Monthly Annually D D D D D 6 . Do you conduct field safety inspections? Yes D NoD 7. 8. 9. 10 . 11 12 . 13 . 14 . 15 . If yes , who inspections (include title): -------------------- How often are safety inspections conducted? _________________ _ Are inspection results documented? Yes D No D If yes , who gets them? ______ _ During management reviews , is safety a criterion for rating purposes? Yes D No D Does you company hold Toolbox Safety Meetings? Yes D No D If yes , how often : ___ _ Does your firm have a written Safety Manual? Yes D No D If yes , please furnish a copy. Do you have an orientation program for new hires? Yes D No D Has your company ever been inspected by a Regulatory Agency? Yes D No D Has your company ever been cited for a violation? Yes D No D If yes , furnish details : Does your company have a written Hazard Communication Program? D Yes No D If yes , please furnish a copy , if no , please explain : Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.10 16 . Do you currently have a substance abuse and firearms policy in affect? D Yes No D If awarded an Eagle subcontract , would you implement a policy consistent with Eagle's Illegal Drugs, Alcohol & Firearms Policy for Subcontractors , which is included in this section of the Corporate Safety Manual. D Yes No D. If no , please explain: Signature : Name: Title: Date : Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.11 NOTICE TO SUBCONTRACTOR EMPLOYEES ILLEGAL DRUGS, ALCOHOL & FIREARMS POLICY FOR SUBCONTRACTORS 1.0 POLICY The Policy of Eagle regarding illegal drugs and controlled substances , alcoholic beverages , and firearms is as follows : 1. The use, possession , distribution, purchase or sale of any illegal drugs or other controlled substances by any person while on Eagle premises or project sites, engaged in Eagle business or while operating Eagle equipment is prohibited . 2 . The use of any illegal drug , alcohol or other controlled substances which causes or contributes to unacceptable job performance or unusual job behavior is prohibited. 3. The use, possession , transportation, or sale of explosives , unauthorized flammable materials , firearms, or other weapons by a subcontractor, its subcontractors or their employees while on Eagle premises or project sites, engaged in Eagle business or while operating Eagle equipment is prohibited. 4 . The unauthorized use , possess ion , transportation , or sale of alcoholic beverages by a subcontractor , it subcontractors or their employees while on Eagle premises or project sites , or while operating Eagle equipment is prohibited. Subcontractor employees shall abide by this Policy. Any person violating this Pol icy shall be removed from Eagle premises or project sites, and may be denied future access to Eagle premises or project sites. In addition , Eagle may suspend work or, in repeated or serious situations, terminate a subcontract , as a result of violation of this Policy. In appropriate cases, local law enforcement agencies may be advised of the violation. In support of this Policy , Eagle may conduct or require searches and require screens as set forth in the following: 2.0 SEARCH Without prior announcement , and at any time , Eagle may carry out reasonable searches of individuals and their personal effects when entering Eagle premises or project sites, while on Eagle premises or project sites , and when leaving Eagle premises or project sites . Unless prohibited by applicable law , Eagle may require subcontractor to search its employees or subcontractors' employees before entering Eagle premises or project sites, engaging in Eagle business or operating Eagle equipment. Entry onto Eagle premises or project sites constitutes consent to a search of the person and his/her personal effects , including , without limitation, packages , briefcases, purses, lunch boxes and vehicle , or any office, locker, closet or desk . Refusal to cooperate shall be cause for not allowing that individual on Eagle premises or project sites. Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.12 ILLEGAL DRUGS, ALCOHOL & FIREARMS POLICY FOR SUBCONTRACTORS 3.0 SCREEN Unless prohibited by applicable law , Eagle may require subcontractor personnel to conduct a controlled substance and/or alcohol screen on any of its employees or subcontractors' employees while on Eagle premises or project sites , engaged in Eagle business , or operating Eagle equipment. In addition, Eagle may require subcontractors to conduct a controlled substance and/or alcohol screen on any of its employees or its subcontractors' employees before entering Eagle premises or project sites, engaging in Eagle business or ope rating Eagle equipment. Prior written consent shall be obtained from any person who is to be screened . A positive screen on a subcontractor or a subcontractor's employees or failure to give written consent for a screen shall be cause for removal from Eagle premises or project sites , and shall result in the subcontractor or subcontractor employee being restricted or disqualified from performing services for Eag le. 4.0 NOTIFICATION OF SEARCH AND/OR SCREEN BY SUBCONTRACTOR Prior to conducting a search and/or screen of its subcontractors or its subcontractors' employees on Eagle premises , subcontractor shall notify general contractor and the local Eagle facility manager. 5.0 DEFINITIONS As used herein , "controlled substance" specifically includes opiates , including heroin , hallucinogens, including marijuana, mescaline or peyote , cocaine , PCP, and prescription drugs , including amphetamines and barbiturates , which are not obtained and used under a prescription lawfully issued to the person possessing them or which are not authorized by Eagle and any other substance included in the Federal Controlled Substances Act or its regulations , as unlawful under applicable law. As used herein, controlled substance or alcohol "screen" means any test using blood , urine , breath or other samples to determine the presence of controlled substances or alcohol in the body. As used herein , "Eagle premises" is used in the broadest sense, and includes , but is not limited to , all land , property , buildings, struct u res , installations , vehicles, equipment, aircraft , and water craft owned , leased , or in any other manner being used by Eagle for any purpose. As used herein , "Eagle project site" is used in the broadest sense, and includes all sites or properties on which Eagle, its affiliates and/or associated firms, and/or subcontractors or other firms , are performing work of any kind . Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc . Corporate Safety Manual 6.2.13 ILLEGAL DRUGS, ALCOHOL & FIREARMS POLICY FOR SUBCONTRACTORS 6.0 DRUG AND ALCOHOL RANDOM SECURITY SEARCH POLICY All subcontractor personnel assigned to Eagle work shall be mentally and physically capable of performing their assigned duties competently and safely. Therefore, each subcontractor and its subcontractors shall have procedures which allow screening of all employees for controlled substances and alcohol while on Eagle's premises or project sites, in Eagle equipment or while engaged in Eagle business. Eagle's "Illegal Drugs , Alcohol and Firearms Policy for Subcontractors" (Policy) is stated , and "Controlled Substances ," "Screen," and "Eagle premises" are defined , in the attached Notice to Subcontractor Employees . Eagle has occasionally suffered the loss of equipment and confidential data from its work locations. Such losses will not be tolerated. Therefore, Eagle may conduct searches to ensure compliance with its Policy , as outlined on the attached Notice to Subcontractor Employees . To facilitate compliance with Eagle's Policy , subcontractors should take the following steps: Advise all employees and/or subcontractors of Eagle's Policy of searches without prior notice and that any person found in violation of the Policy shall be denied access to Eagle premises and project sites. Give to each employee and/or subcontractor, the enclosed Notice to Subcontractor Employees for his or her review . Screen employees and subcontractors before assigning them to Eagle premises or project sites, bearing Eagle's Policy in mind. The subcontractor shall immediately remove from Eagle premises any of its or its subcontractors' personnel found to be in violation of the Policy . Such personnel may be denied future access to Eagle premises or project sites. Any illegal or unauthorized drugs, intoxicating beverages, firearms, weapons, or Eagle property discovered as a result of Eagle searches may be confiscated and may be turned over to law enforcement agencies . If your personnel fail to comply with Eagle's Policy , it may become necessary to take remedial action, including termination of this Subcontract. Your cooperation in implementing and enforcing this Policy is appreciated. Please execute and return . Understood and accepted this ________ day of _____ , 20_ Firm Name: ------------------------- By: Date: Title : ---------- Procedure 6.2 Visitor and Contractor Safety Eagle Remediation Services, Inc. Corporate Safety Manual 6.2.14 - CORPORATE SAFETY MANUAL Procedure No. Date : 7.1 2/21/2008 Eagle Remediation Seroices, I n c. RESPIRATORY PROTECTION PROGRAM Rev ision: 1 Total pages: 47 1.0 PURPOSE This program establishes uniform guidelines for complying with the requirements of the Occupational Safety and Health Administration's Respiratory Protection Standard, 29 CFR 1910 .134 for the proper selection , use and care of respiratory protection equipment. 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY Every consideration will be given to the use of effective engineering controls to eliminate or reduce exposure to respiratory hazards to the point where respirators are not required ; however , when feasible engineering controls are not effective in controlling toxic substances, appropriate respiratory protective equipment and necessary medical examinations will be provided by the company at no charge to the employee. These respiratory protective devices will be of the type approved by the National Institute for Occupational Safety and Health (NIOSH) or acceptable to the U.S. Department of Labor (OSHA) for the specific contaminant to which the employee is exposed. Where respirators are required by a specific OSHA Standard , Eagle shall select and provide, at no cost to the employee , the appropriate respirator and required medical examinations specified by the Standard . Employees required to use respiratory protective devices because of exposure to toxic substances will do so as a condition of employment. Employees who are required to use respirators will be properly fitted, appropriately tested , medically screened , and trained in their use . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc . Corporate Safety Manual 7.1.1 -- 4.0 CODES AND REGULATIONS General applicability of Codes and Regulations, except to the extent that more explicit or more stringent requirements are written directly into this procedure , all applicable state and/or local codes and regulations have the same force and effect as if copied directly into this standard. A copy of these codes and regulations must be present at the jobsite. Federal Regulations : Those standards governing the development of this program include but are not limited to the following : • OSHA's Asbestos Standard -Construction Industry Title 29 , Part 1926 , Section 1101 of the Code of Federal Regulations. • OSHA's Lead Standard -Construction Industry Title 29 , Part 1926 , Section 62 of the Code of Federal Regulations . • OSHA's Respiratory Protection Standard Title 29 , Part 1910 , Section 134 of the Code of Federal Regulations . • OSHA's Access to Employee Exposure and Medical Records Standard Title 29 , Part 1910, Section 1020 of the Code of Federal Regulations. • NIOSH Approvals for Respirators Title 30, Part II of the Code of Federal Regulations Title 42 , Part 84 of the Code of Federal Regulations • American National Standards Institute (ANSI) American National Standard : Practices for Respiratory Protection , Z88.2-1980 5.0 DESIGNATION OF A SITE-SPECIFIC PROGRAM ADMINISTRATOR A site-specific respirator Program Administrator must be designated by name at each jobsite . This will be an individual who is qualified by appropriate training and/or experience (that is commensurate with the complexity of the program) to administer the respiratory protection program and conduct the required evaluations of the program 's effectiveness . Routinely , this is the site superintendent or general foreman. In order to comply with OSHA's "competent person" requirements, the individual designated must have at least two qualifications. He or she , must have a good working knowledge of the respiratory protective equipment being used at the worksite and must have sufficient authority to promptly prevent and correct hazardous conditions at the site . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.2 5.1 Posting The name of the designated site-specific Program Administrator must be displayed in a prominent location at the jobsite. 5.1 Respiratory Protection Program The site-specific Program Administrator will ensure the implementation of a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. A. At any jobsite where the use respirators are necessary to protect the health of our workers, the Respiratory Protection Program will include, at a minimum, the following elements: • Procedures for selecting the respirators • Medical evaluations of employees required to use respirators • Fit-Testing procedures for t ight-fitting respirators • Procedures for proper use of respirators • Procedures for inspecting and care of the respirators • Training employees about respiratory hazards • Training employees on the use and limitations of respirators • Procedures for evaluating the Program B. At any jobsite where respiratory use is not required , the following must be included: • Eagle will provide an appropriate respirator for any employee requesting the use of one as long as the use of such respirator will not in itself create a hazard . • Whenever anyone is allowed to use a respirator, all of the provisions of Paragraph A above will be applicable. 5.2 Program Evaluation Procedure 7.1 The site-specific Program Administrator will periodically assess the effectiveness of the respiratory protection program during all phases of operation in which respirators are being used. Frequent walk-through inspections during these activities will be conducted to monitor and document supervisor and worker compliance with the requirements of the program . In addition, this evaluation will include regularly consulting with employees who wear respirators concerning fit , comfort, and other factors . The general assessment of the overall Respiratory Protection Program will also include specific evaluations of respirator cleaning, inspection , maintenance, repair, storage, and use procedures to ensure that the desired results of these operations are consistently achieved. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.3 5.3 Corporate Program Administrator In order to assure the timeliness of the Company 's written Respiratory Protection Program , it will be evaluated and updated as necessary to reflect any changes in workplace conditions , respiratory equipment , or regulatory standards. In any case , the program will be evaluated at least once each year by a competent person who is a member of the Corporate Safety Department. This individual will be designated as the Corporate Program Administrator. • Duties of the Corporate Program Administ rator include : • Identifying work areas , processes or tasks that require workers to wear respirators . • Assess the effectiveness of the respiratory protection program during all phases of operation that respirators are being used in accordance with their cert ifications. • Selection of respiratory options. • Administering the Medical Surveillance Program. • Maintaining records required by the program . • Updating the written program as needed . 6.0 ANTICIPATED RESPIRATORY PROTECTION REQUIREMENTS In order to ensure that the correct respirator is specified for each project, Eagle's Anticipated Respiratory Protection Requirements form must be prepared prior to the start-up of the project. This form should be completed for each phase of the project utilizing objective historical data obtained during work operations conducted under workplace conditions closely resembling the processes , type of material , control methods , work practices , and environmental conditions similar to those of the new project. When completed , th is form will indicate the specific type of respiratory protection equipment to be used during each phase of the project. In those rare cases where historic data does not provide for a negative exposure assessment and the exposure assessment ind icates the exposure level will not exceed 1 Flee as an 8 hour time weighted average , power air-purifying respirators will be provided equipped with high efficiency filters. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.1.4 6.1 Initial Exposure Assessment Form In the case of asbestos related projects , the Anticipated Respiratory Protection Requirements form will be used in combination with the Initial Exposure Assessment form. 7.0 SPECIFIC REQUIREMENTS FOR ASBESTOS RELATED PROJECTS When conducting operations involving either known asbestos-containing materials (ACM) or presumed asbestos-containing materials (PACM), appropriate respirators will be used in the following circumstances : • During all Class I asbestos jobs ; • During all Class II work where ACM is not removed in a substantially intact state ; • During all Class II and Ill work which is not performed using wet methods; • During all Class II and Ill asbestos jobs where Eagle has not produced a Negative Exposure Assessment; • During all Class Ill jobs where thermal system insulation (TSI) or surfacing ACM or PACM is being disturbed ; • During all Class IV work performed within regulated areas where employees performing other work are required to wear respirators ; and • During all work covered by the Asbestos Standard , 29 CFR 1926 .1101 , where employees are exposed above the PEL or excursion limit as outlined in Section 9.2 of the Corporate Safety Manual , entitled Air Monitoring Gu idelines . Respirators for asbestos related work must be selected from the appropriate respirators specified in Chart Number 2. 8.0 SPECIFIC REQUIREMENTS FOR LEAD RELATED PROJECTS Respiratory protection must be used under the following circumstances : • Whenever an employee's exposure to lead exceeds the PEL or excursion limit as outlined in Section 9 .2 of the Corporate Safety Manual , entitled Air Monitoring Guidelines ; Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.5 • In work situations in which engineering controls and work practices are not sufficient to reduce exposures to or below the PEL ; and • When they are used as an interim protection for employees performing tasks as specified in Section 10.2 of the Corporate Safety Manual, entitled Lead Abatement Guidelines. Respirators must be supplied with HEPA filter cartridges and provided according to Respiratory Protection for Lead Aerosols table as shown in Chart Number 3 . 9.0 PURCHASE OF APPROVED EQUIPMENT In order to comply with the provisions of OSHA's standard on Respiratory Protection , 29 CFR 1910.134 , all respiratory protective equipment purchased by the Eagle Companies will have been tested by the National Institute for Occupational Safety and Health and will carry a NIOSH approval number for that specific respirator assembly . Respirators which are provided to employees who must use them for protection against gases or vapors are no longer permitted to use odor or irritation as an indicator that the respirator's cartridge needs replacement. Eagle is now required to provide a cartridge with an "End of Service Life Indicator (ESLI)". If ESLI cartridges are not available, a "Cartridge Change Schedule " must be developed from data provided by the manufacturer. In the event neither an ESLI cartridge nor a Cartridge Change Schedule is feasible, the employees must be provided with a supplied-air respirator . 9.1 Breathing Air Quality For those who wear supplied-air respirators , OSHA has adopted a newer breathing air quality requirement. Under the new requirements , breathing air must not contain more than 10 parts per million of carbon monoxide . The old standard permitted up to 20 parts per million. 10.0 RESPIRATOR SELECTION In selecting the correct respirator for a given circumstance , the following factors must be taken into consideration : Procedure 7.1 • Nature of the Hazard: In order to make subsequent decisions, the nature of the hazard must be identified to ensure that an overexposure does not occur. These include oxygen deficiency, physical properties of the hazard , chemical properties of the hazard , physiologic effects on the body , actual concentrations of the toxic substances , the Permissible Exposure Limits (PEL), and the warning properties . Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.1.6 Procedure 7.1 • Nature of the Operation: For proper respirator selection , it is necessary to know the details of the operations which require employees to use respiratory devices . These include operation or process characteristics, work area characteristics, materials used or produced during the process , the employees duties and actions , and any abnormal situation characteristics which may necessitate alternate respirator selection. • Location of the Hazardous Area: This is important in the selection process so that a backup system may be planned if necessary. Respirable air locations must be known prior to entry into a hazardous area so escape or emergency operations may be planned . • Time Respiratory Protection is Required: The length of time a respirator will have to be worn by an employee is a factor which must be evaluated. This is most pronounced when using SCBA Equipment , where , by definition , the air supply is finite . However, time is also a factor during routine use of air-purifying respirators when the employee's breathing and comfort become affected by a clogged filter cartridge which needs changing . • Employee's Health: Effective usage of a respirator is dependent on an individual's ability to wear a respirator , as determined by a physician . Most respiratory devices increase physical stress on the body , especially the heart and lungs. Care should be taken to ensure that a medical determination has been made that an individual is capable of wearing a respirator for the duration of the work assignment. (See Paragraph 14.0 of this procedure). • Work Activity: The type of work activities to be performed while wearing a respirator is vitally important in the respirator selection . The proper respirator will be one which is least disruptive to the task being conducted yet providing the desired protection . • Respirator Characteristics, Capabilities and Limitations: Tables 1 and 2 have been reproduced from ANSI 288.2-1980. They provide a description of various respirator characteristics, capabilities and limitations. • Protection Factors: The protection afforded by respirators is dependent upon the seal of the face-piece to the face, leakage around valves, and leakage through or around cartridges or canisters. Depending on these criteria, the degree of protection may be ascertained and a relative safety factor assigned. Protection factors are only applicable if all elements of an effective respirator program are in place and being enforced. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.7 10.1 Facial Hair OSHA regulations 29 CFR 1910.134(g)(1 )(A) prohibits respirators with tight- fitting face-pieces from being worn by employees with facial hair that comes between the sealing surface of the face-piece and the face or that interferes with valve functions. It will be the responsibility of the site-specific respirator Program Administrator to ensure that respirator users are clean shaven and that the project has, on-hand, a supply of disposable razors and shaving cream for those workers who must shave more then once per day. 10.2 Respirator Selection Charts Procedure 7.1 Where respirators are used, Eagle will select and provide, at no cost to the employee, the appropriate respirator, as specified in the following charts, and will ensure that the employee uses the respirator provided. Chart 1 -Selection Chart for Routine Use. Chart 2 -Selection Chart for Asbestos Abatement Use. Chart 3 -Selection Chart for Lead Abatement Use. Eagle will provide a Powered Air-Purifying Respirator (PAPR) in lieu of any negative-pressure respirator specified in either Chart 2 or 3, whenever an employee specifically requests this type of respirator and the respirator's protection factor and cartridges will amply provide the protection required . In addition to the above selection criterion , Eagle will provide a half-mask air purifying respirator, other than a disposable respirator, equipped with high efficiency filters whenever the employee performs the following activities : Class II and Ill asbestos jobs where Eagle does not produce a negative exposure assessment; and Class Ill jobs where TSI or surfacing ACM or PACM is being disturbed. Additionally, Eagle will provide a tight-fitting powered air purifying respirator equipped with high efficiency filters or a full facepiece supplied air respirator operated in the pressure demand mode equipped with HEPA egress cartridges or an auxiliary positive pressure self-contained breathing apparatus for all employees within the asbestos regulated area where Class I work is being performed for which a negative exposure assessment has not been produced and the exposure assessment indicates the exposure level will not exceed 1 flee in an 8 hour TWA. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.8 10.3 Comfort Once Eagle has selected the type of respirator to be used, and this selection will be based on the respiratory hazards to which the worker will be exposed , as well as workplace and user factors that affect respirator performance and reliability, the selection process should give consideration to the fit and comfort of the respirator . Eagle need only provide enough respirator choices to obtain an acceptable fit among the employees who are required to wear a respirator. If just one respirator model and size provides the acceptable fit, then only that one model and size respirator is sufficient. An assessment of comfort should include the following points : Chin properly placed Positioning of mask on nose Room for safety glasses Distance from nose to bridge Cheeks filled out Fit across nose bridge Strap Tension Room to talk Tendency to slip Hindrance to movement Eagle will permit each employee who uses a filter respirator to change the filter elements whenever an increase in breathing resistance is detected and shall maintain an adequate supply of filter elements for this purpose. Note: The comfort and proper fit of a respiratory device is of paramount importance , and the time to determine the proper fit and comfort of the respirator is during the selection process. However, should any employee who has already been assigned a respirator be working in a contaminated area when he/she determines that the mask is no longer comfortable or fitting properly , they will be allowed to leave the contaminated area and enter the decon unit where, after showering their head, shoulders and respirator , they may remove the respirator to adjust the fit and comfort. 10.4 Authorized Respiratory Equipment Respirators specified for use during these phases must be selected from the list of Eagle Authorized Respiratory Equipment. 11.0 ISSUANCE OF EQUIPMENT When practical, respirators will be assigned to individual employee 's for their exclusive use and labeled for identification in such a way as not to affect the performance of the respirator . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.1.9 11.1 Fitting After the employee has been shown how to assess a respirator , he/she must be shown how to put on the respirator , how it should be positioned on the face , how to se t strap tension, and how to determine a proper fit. Note: This instruction should take the form of a review and should not be considered the employee's formal training. The employee should hold each face-piece up to the face and eliminate those which obviously do not give a comfortable or proper fit. Normally, fitting should start with a half-face mask and if a good fit cannot be found, the employee should then try a full-face mask . 11.2 Familiarization Once the proper fitting respirator has been selected , the employee should don the device , adjusting the face-piece and applying tension to the straps. He/she should then wear the mask for at least five minutes before taking it off and putting it on several times, adjusting the straps each time to become familiar with the respirator and adept at setting the proper tension on the straps . 11.3 Qualitative Fit-Testing (QLFT) & Quantitative Fit-Testing (QNFT) Any respirator designed to have a tight seal along the face must be fit- tested , whether it is used in a positive or negative pressure mode , and whether it is disposable . There are currently two methods acceptable for conducting fit-test for respirator use , the Qualitative Fit-Test (QLFT) and the Quantitative Fit-Test (QNFT). The (QLFT) method is a fast, easily conducted test that can be performed almost anywhere , while the (QNFT) method requires the use of bulky test chambers and very expensive electronic equipment. Acceptable Fit-testing Methods Respirator QLFT QNFT Half-Face Negative Pressure , APR (<100 fit factor) Full-Face Negative Pressure , APR (<100 fit factor) used in atmospheres up to 10 times the PEL Half-Face Negative Pressure , APR (>100 fit factor) PAPR Supplied-Air Respirators (SAR), or SCBA used in Negative Pressure (Pressure Demand Mode) Supplied-Air Respirators (SAR), or SCBA used in Positive Pressure (Pressure Demand Mode) SCBA -Structural Fire Fighting , Positive Pressure SCBA/SAR -IDLH, Positive Pressure Mouthbit Respirators Loose-fitting Respirators (e.g . hoods , helmets) Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.10 Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Fit-testing Not Required 11.4 Fit-Testing Procedure 7.1 OSHA requires that tight-fitting face-piece respirators be fit-tested prior to initial use of the respirator, whenever a different face-piece (size, style , model or make) is used , and at least annually thereafter . Eagle will conduct an additional fit-test whenever there is a change in the employee's physical condition that could affect respirator fit. This could include (a) a weight loss or gain of 20 pounds or more, (b) significant facial scaring in the area of the face-piece seal , (c) significant dental changes , or (d) reconstructive or cosmetic surgery . Note: Respirator fit-testing will not be performed on an employee until after a medical evaluation has been conducted and it has been determined the employee is suitable to wear a respirator . When fit-testing Powered Air Purifying Respirators (PAPR) using the QLFT method, the respirator's face-piece must first be converted into a negative pressure respirator with appropriate filters , regardless of the mode of operation. When higher levels of respiratory protection are needed, the QNFT method must be used. Qualitative Fit-Testing (QLFT) is based on the wearer's subjective response to the test agent or chemical, of which the three most popular tests are, the irritant smoke test , the odorous vapor test, and the taste test. Fit-testing will be in accordance with the mandatory Appendix A of the Standard . The following represents a brief summary of how to conduct each of these tests . • Irritant Smoke Test: The irritant smoke test is performed by directing an irritant smoke , usually either stannic chloride or titanium tetrachloride, from a smoke tube towards the respirator being worn . If the wearer cannot detect the irritant smoke, a satisfactory fit is assumed to be achieved. The respirator wearer will react involuntarily , usually by coughing or sneezing, to a leakage around or through the respirator. Since this type of test provokes an involuntary response from the employee, it is the preferred testing method when available . In this type of qualitative test , the person administering the test should be interested in any response to the smoke and not necessarily to the degree of response. When an air-purifying respirator is being tested in this method, it has to be equipped with a high efficiency filter (HEPA) cartridge . Note: The test substances are irritants to the eyes , skin and mucous membranes . Therefore , the respirator wearer should keep his/her eyes closed during testing . Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.11 Procedure 7.1 • Odorous Vapor Test: The odorous vapor test relies on the respirator wearer's ability to detect an odorous material , usually isoamyl acetate (banana oil) inside the respirator . The test is performed by passing an isoamyl acetate saturated material around the outside of the respirator. If the wearer is unable to smell the chemical , then a satisfactory fit is assumed to be achieved . When an air-purifying respirator is tested by this method, it should be equipped with an organic cartridge which removes the test vapor from the air. Note: This test is solely dependent upon the employee 's honest response , since there is no involuntary reaction . For that reason , it is not preferred . • Taste Test: The taste test relies upon the wearer's ability to detect a chemical substance , usually sodium saccharin , by tasting it inside the respirator . If the wearer is unable to taste the chemical, then a satisfactory fit is assumed to be achieved. When an air-purifying respirator is tested by this method, it should be equipped with organic vapor cartridges or offer protection against organic vapors , which removes the test vapor from the air. Note: This test is totally dependent on the wearer's honest indication of taste. There is no involuntary response, and therefore is not preferred as a method of testing . When conducting this type of test, the person being tested must not be allowed to eat, drink, or chew gum or tobacco for at least 15 minutes prior to taking the test. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.12 11.5 Respiratory Fit-Test Summary Record A summary of the test results for each employee on whom a qualitative fit- test was conducted, will be documented on the Respirator Fit-Test Summary . There must be a separate Fit-Test Record generated for each type of respirator the employee will use on that project. At the completion of the project, this record will then become a part of the employee's permanent personnel file and will be retained for a period of thirty years following the employee's last day of employment. Copies of these records must be maintained at the jobsite. 11.6 User Seal Check (Field Tests) Procedure 7.1 There are two field tests that are used to check the seal of the respirator. These are known as the positive and negative pressure tests. Each of these two tests must be performed every time a respirator is put on and prior to entering a contaminated area. • To Perform a Positive Pressure Test: (1) This test only applies to those respirators which have an exhalation valve which can be blocked. The exhalation valve cover may have to be removed for the test. (2) Close or "block off'' the exhalation valve. (3) Exhale gently into the face-piece. (4) The face-piece should hold the positive pressure for a few seconds. During this time, the worker should not hear or feel the air leaking out of the face-to-face-piece seal. • To Perform a Negative Pressure Test: ( 1) Covers the respirators inlet openings, cartridges, canisters, seals or hose of the respirator face-piece with the hand(s), tape, or other means. (2) Inhale gently so that the face-piece collapses slightly and hold the breath for ten seconds. (3) If the face-piece remains slightly collapsed and no inward leakage occurs, then the face-piece-to-face seal is probably satisfactory. Note: Although both the positive and negative pressure tests are considered essential to a good respiratory protection program and should always be used prior to entering an area of exposure, they are recognized solely as a field test and cannot be substituted for the annual qualitative fit-test. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.13 11. 7 Airflow Check Prior to fitting or using a PAPR respirator , an Airflow Meter must be used to check the operation of the battery and the flow of air through the power unit and the filter cartridge. The Airflow Meter is nothing more than a graduated plastic tube with a floating plastic ball that attaches to the input side of the filter cartridge on a 3M PAPR and inserts into the outlet side of the power unit on both a Racal and an MSA PAPR respirator . The flow of air through the Airflow Meter moves the floating ball up and down in tube . This test must be conducted using the individual worker's PAPR motor and battery assembly. The ball should indicate an air flow of between 4 to 6 cfm. If the flow rate is below 4 cfm , insufficient air flow is being provided and the unit must be checked. Generally, this is a result of a battery with a low charge or an overloaded filter. Do not use the respirator until this situation has been corrected . 12.0 TRAINING Respirators will not be issued to individuals (this includes company officials, subcontractors , visitors , customers , etc.) who have not received appropriate respirator training and who do not have a current Physician's Written Opinion on file at the work site . 12 .1 Training Program Procedure 7 .1 The extent and frequency of employee training depends primarily on the nature and extent of the hazard. At a minimum, all employees and supervisory personnel will be trained in basic respirator practices . It must be remembered the respirators are effective only when they are acceptable to the employee and worn properly . Because proper use depends especially upon the wearer's motivation, it is important the need for the respirator be fully explained . The basic Respirator Training Program must include : • An explanation of the problems involved in misusing the respirator. • A discussion of the nature of airborne contaminants against which the employee must be protected, and why engineering controls have not been effective in controlling exposure to the point where respirators are not required . • A discussion of why the respirator which has been selected for this job is the proper device for this particular purpose . • Instruction on the respirator's limitations , emphasizing such things as oxygen deficiency, toxic contaminants which are immediately dangerous to life or health (IDLH), particulates , such as asbestos, which are not immediately dangerous to life or health, and the need to change filter cartridges when indicated to do so by testing, or when breathing resistance increases to an uncomfortable level. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.14 • Instructions on how to put on the respirator , how it should be positioned on the face , how to set strap tension , and how to wear the respirator comfortably. • Instructions on the proper care and maintenance of the respirator . • Field training to recognize and cope with any type of emergency while using a respirator . • Instructions on how to inspect the respirator and ensure that it is in proper working condition. • An explanation of the differences between air-purifying and supplied air respirators and how their use is controlled by the amount of exposure . • A discussion on the value of medical surveillance and air-sample monitoring . • Instructions on the method of fit-testing used and the proper way to conduct positive and negative pressure tests each time the respirator is put on . During this instruction , the wearer must be made to understand that the respirator cannot be used when conditions prevent a satisfactory face-piece-to-face seal. If this condition cannot be corrected , the employee cannot be allowed into the area requiring the use of a respirator . • Instructions that it is illegal to alter in any way , or to mix parts from one model or manufacturer's respirator to another , and that doing so voids the NIOSH certification of the respirator . 12.2 Retraining Requirements Procedure 7.1 Respirator training must be performed initially and then at least annually. Previous training, within a twelve month period, is acceptable instead of initial training. Retraining must be performed annually and whenever any of the following occur : • Changes in the workplace or the type of respirator render previous training obsolete ; • Inadequacies in the employee 's knowledge or use of the respirator indicate that the employee has not retained the requisite understanding ; or • Any other situation arises in which retraining appears necessary to ensure safe respirator use . Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.15 12.3 Respirator Training Records Upon completion of the basic respirator training program , the employee will be required to read and sign a Respirator Training Record attesting to the fact that he/she has received the basic training program and feels confident in ability to use the respirator properly . The signed and dated Respirator Training Record will then become a part of the employee 's permanent personnel record and will be retained for a period of thirty years following the employee's last day of employment. 13.0 CARE AND MAINTENANCE The manufacturer's representative must adequately train personnel responsible for the care and maintenance of respirators . Substitution of parts from different brands or types of respirators invalidates approval of the device. Repairs and adjustments should never be made beyond the manufacturer's recommendations . Under no circumstances should a chemical or substance be used to clean or disinfect a respirator unless the manufacturer has approved that chemical or substance . 13.1 Cleaning the Respirator Procedure 7 .1 Respirators must be cleaned after each use and disinfected after each day's use when they are assigned to one individual , or after each use if they are assigned to more than one person . The following procedures are recommended for cleaning and disinfecting respirators : • If required, remove any filters or cartridges. • Wash face-piece and breathing tube in detergent and warm water (120 °) or a cleaning and disinfecting solution . Use a soft brush to facilitate removal of dirt . Cleaning and disinfecting solutions are available from respirator manufacturers or it can be made by using a solution of water and household chemicals , such as two tablespoons of chlorine bleach to one gallon of water , or one teaspoon of tincture of iodine to one gallon of water. A two minute immersion of the respirator into either solution is sufficient for disinfecting the item . • Rinse completely in clean, warm water. • Air dry in clean air. • Clean out other parts as recommended by the manufacturer. • Inspect the valves, headstraps, and othe r parts and replace with new parts if defective . • Place face-piece in a plastic bag or container for storage in an assigned area. • When required , insert new filters or cartridges prior to use making sure the seals are tight. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.16 13.2 Storing The Respirator When a respirator is assigned to an individual for their specific use, appropriate provisions must be made to provide the user with adequate storage facilities . When not in use , the respirator must be stored in a convenient , clean and sanitary location in order to protect against dust , sunlight , heat , extreme cold , excessive moisture , or damaging chemicals . If the respirator is routinely used , it may be placed and individually sealed plastic bag . The respirator should be stored in s uch a way, that the face- piece and exhalation valve is not being distorted . The respirator must not be stored in such places as lockers or tool boxes unless it is in a carrying case or carton . 13.3 Inspecting the Respirator Procedure 7.1 A competent person should be responsible for inspecting respirators and assuring that they are in satisfactory work ing condition . Respirators should be inspected before and after each use and at least monthly if not used often . A general inspection check list should include: • Tightness of connections . • Condition of face-piece, straps , connecting t ubes , and cartridges . • Condition of exhalation and inhalation valves . If the sides of the exhalation valve gap even slightly , it must be replaced with a new valve . • Pliability and flexibility of rubber parts. Deteriorated rubber parts must be replaced . Unused rubber parts should be worked, stretched and manipulated with a massaging action. • Condition of lenses should be checked. Lenses must be tight and scratched or damaged lenses replaced . • On self-contained breathing apparatus, the charge of the compressed air cylinders should be checked and fully charged. • Proper functioning of regulators and warning devices . • On Type C respirators , the compressor, warning devices, hoses and attachments . A qualified individual should assure that respirators are properly selected , fitted , used , cleaned and maintained , and must conduct frequent random inspections . Note: For a detailed resp irator check list , refer to the Respirator Inspection Chart. Respiratory Protection Program Eagle Remediation Services , Inc . Corporate Safety Manual 7.1.17 13.4 Care and Maintenance Records A written record should be maintained of the Care and Maintenance Program within each individual Company. Information contained on this record should include inspection reports , replacement parts used , dates of repair , cleaning and type of disinfectant used and the names of persons doing the work. The respirator should be identified by manufacturer, model and approval number. Records shou ld be retained for a period of five (5) years . 14.0 MEDICAL REQUIREMENTS Employees of Eagle will not be assigned to tasks requiring t he use or fit-testing of a respirator, unless it has been determined that they are physically able to perform the work and use the respirator . No employee shall be assigned to tasks requiring the use or fit-testing of respirators if, based on his or her most recent medical examination , an examining physician or other licensed health care professional determines that the employee will be unable to function normally wearing a respirator , or that the safety or health of the employee or of other employees will be impaired by the use of a respirator . Such employee shall be assigned to another job o r given the opportunity to transfer to a different position the duties of which he or she is able to perform with the same employer , in the same geographical area , and with the same seniority , status , and rate of pay and other job benefits he or she had just prior to such transfer , if such a d ifferent position is available . 14.1 Medical Examinations Procedure 7.1 Using a respirator may place a physiological burden on employee 's that varies with the type of respirator worn , the job and workplace conditions in which the respirator is used , and the medical status of the employee . Accordingly , the minimum requirements for medical evaluation to determine the employee 's ability to use a respirator are: • Prior to a medical evaluation to determine the employee 's ability to use a respirator ; • Prior to a fit-test ; and • At least annually thereafter. Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.1.18 Each procedure of the medical examination and evaluation will be performed by or under the supervision of a physician or other licensed health care professional and will include , as a minimum , a medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems to determine the presence of any possible respiratory diseases, and a pulmonary function test which will include both the maximum amount of air that can be expired from the lungs after full inhalation (FVC) and the amount of air forcibly expired in one second after full inhalation (FEV 1.0). A chest x-ray , both posterior and anterior , may be required at the discretion of the physician or other licensed health care professional. The only exception to this requirement for an initial medical examination is if the employee or Company can provide adequate records to show that he/she has been examined in accordance with the provisions of this program within the past twelve (12) month period. 14.2 Medical Forms Procedure 7.1 When conducting the initial medical examination , the standardized OSHA Medical Questionnaire must be used. During the annual re-examination , the abbreviated OSHA Medical Questionnaire should be used . In addition to the standardized questionnaires, the physician or other licensed health care professional must also be furnished with a copy of the latest OSHA Standard governing the type of exposure the employee will be involved in , for example , if the employee is in asbestos abatement work , the physician must be given a copy of the Standard 29 CFR 1926 .1101 Asbestos . A description of the employee's duties as they relate to the exposure, the anticipated exposure level, a description of the respiratory protection equipment to be used, and any avai lable information from previous medical examinations of the employee must also be furnished to the physician. At the conclusion of the examination, the physician will furnish a written opinion to Eagle. This will contain the results of the examination , any conditions discovered by the physician that will prohibit the employee from using a respirator and any recommendations from the physician regarding the employee's limitations . It will also contain a statement from the physician that he/she has informed the employee of the results of the examination. A copy of the physician's opin ion must be furnished to the employee, by the Company , within thirty (30) days of its receipt by the Company . Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.19 14.3 Corrective Glasses For those employees who require corrective lenses, the appropriate respirator must be selected to allow for good vision comfort and proper seal. A qualified person should fit the lenses and face piece . Providing respiratory protection for individuals wearing corrective glasses is a serious problem. If corrective glasses are required, they must be worn so as not to affect the fit of the face-piece . Proper selection of equipment will minimize or avoid this problem. Note: OSHA no longer has a restriction on the wearing of contact lenses while using a full-face respirator in a contaminated atmosphere. 14.4 Recordkeeping All records pertaining to the employee's medical examination and evaluation must be retained throughout the employee 's term of employment plus thirty (30) years . For specific details , refer to Medical Records, Section 3.5 in the Corporate Safety Manual. 15.0 NON-ROUTINE TASKS Non-routine tasks are those tasks, which may have to be performed in an area where the potential for exposure to the presence of hazardous chemicals or substances may require protection against more than just one chemical or substance . Examples of these non-routine tasks may include, but are not limited to, the use of organic solvents, working in the vicinity of torch cutting operations , working with certain spray adhesives, etc. Whenever exposure is not limited only to asbestos fibers, the additional exposure hazards must be taken into consideration. Either Self-Contained Breathing Apparatus (SCBA) or Type-C supplied-air be used or, where the exposure permits, use a powered-air purifying respirator (PAPR) or a negative pressure respirator supplied with a HEPA cartridge combined with one or more of the following additional filter cartridges: • An organic vapor cartridge when protection is required against not more than 1000 ppm organic vapors. • An acid gas cartridge when protection is required against not more than 10 ppm chlorine (CL2), 50 ppm Hydrogen Chloride (HCL), 50 ppm Sulfur Dioxide (S02), or 10 ppm Formaldehyde . • An ammonia and methylamine cartridge when protection is required against not more than 300 ppm Ammonia (NH3) or 100 ppm Methylamine. Note: Many of these additional cartridges are also provided in combinations for several types of protection. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.20 16.0 VIOLATION AND DISCIPLINARY ACTION Due to Eagle's heavy involvement in the asbestos abatement industry , respiratory protection is a crucial part of the Company's overall safety program. As such , mandatory compliance with all aspects of this program by those employees required to use a respirator , is a condition of continuing employment. 16.1 Disciplinary Action When it has come to the attention of a supervisor that an employee has deliberately removed his/her respirator , or broken the face-piece-to-face seal , while in the contaminated area, the employee will be immediately suspended from work and instructed to leave the job pending a final disposition. Random spot checks will be conducted to determine the effectiveness of the employee's fit test. Should the check , which will be a positive or negative pressure test , conducted under the direction of a supervisor , indicate that the employee 's respirator does not have a satisfactory seal , the employee will be advised accordingly and instructed to leave the contaminated area . A Written Warning for Safety Violation will be issued to the employee , the first time he/she fails a random check . Two such Warnings on the same job will be sufficient cause for dismissal (Refer to Section 2 .3 of the Corporate Safety Manual for a copy of this warning form). Note: Should an employee request permission to leave the contaminated area to remove his/her respirator for the purpose of washing either the face-piece or their face , this permission must be granted. However, the employee should be reminded that the positive and/or negative pressure test must be conducted before returning to the contaminated area . 17 .0 REPORTING RESPIRATOR PROBLEMS Occasionally , the Company may find a defect in the design or performance of a respirator . The best course to follow is to report these findings to the administrator of the Company's Respiratory Protection Program , who in turn should report these findings to Corporate Safety . If the respirator carries with it the approval of the National Institute for Occupational Safety and Health (NIOSH), the Corporate Director of Health and Safety will report the findings to the respirator's manufacturer and to NIOSH . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.21 Notifying the manufacturer of the defect in a report format , and forwarding a copy of the report to NIOSH will do this . The report will include the following: • The name , addresses and telephone number of the Eagle Company . • The name of the respirator's manufacturer. • The model number of the respirator . • The name and part number (if possible) of the defective part. • The lot number and/or serial number of the respirator and/or defective part . • A brief description of the respirator's use when the defect was discovered . • A description of the defect. • A description of the defect's adverse effect on the respirator's performance . This report should be addressed to the NIOSH Division of Safety Research , Testing and Certification Branch , 944 Chestnut Ridge Road, Morgantown , West Virginia 26505 . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.22 Table -1 Classification and Description of Respirator by Mode of Operation Atmosphere-Supplying Respirators A respirable atmosphere independent of the ambient air is supplied to the wearer . Self-Contained Breather Apparatus (SCBA). The wearer carries a supply of air , oxygen , or oxygen-generati ng material. Normally equipped with full face-piece , but may be equipped with a quarter-mask face-piece , half mask face-piece , helmet , hood , or mouthpiece and nose clamp. 1. Closed-Circuit SCBA (oxygen only , negative pressure or positive pressure). (a) Compressed or liquid oxygen type. Equipped with a facepiece or mouthpiece and nose clamp. High-pressure oxygen from a gas cylinder passes through a high-pressure reducing valve and , in some designs , through a low-pressure admission valve to a breathing bag or container. Liquid oxygen is converted to low-pressure gaseous oxygen and delivered to the breathing bag . The wearer inhales from the bag, through a corrugated tube connected to a mouthpiece or facepiece and a one-way valve . Exhaled air passes through another check valve and tube into a container of carbon-dioxide removing chemical and reenters the breathing bag . Make-up oxygen enters the bag continuo usly or as the bag deflates sufficiently to actuate an admission valve. A pressure -relief system is provided ; and a manual bypass system and saliva trap may be provided depending upon the design . (b) Oxygen-generating type. Equipped with a face-p iece , or mouth piece and nose clamp , water vapor in the exhaled breath reacts with chemical in the canister to release oxygen to the breathe r bag . The wearer inhales from the bag through a corrugated tube and one -way check valve at the face- piece. Exhaled air passes through a second check valve/breathing tube assembly into the canister. The volume of exhaled air governs the oxygen- release rate. The can isters fill removes carbon dioxide in the exhaled breath . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7 .1.23 2. Open-Circuit SCBA (compressed air, compressed oxygen, liquid air, liquid oxygen). A bypass system is provided in case of regulator failure except on escape-type units . (a) Demand type . Equipped with a face-piece or mouthpiece and nose clamp . The demand valve permits oxygen or air flow only during inhalation. Exhaled breath passes to ambient atmosphere through a valve(s) in the face-piece. (b) Pressure-demand type. Equipped with a face-piece only , positive pressure is maintained in the face-piece. The apparatus may have provision for the wearer to select the demand or pressure-demand mode of operation , in which case the demand mode should be used only when donning or removing the apparatus . Supplied-Air Respirators 1. Hose Mask. Equipped with a face-piece , breathing tube , rugged safety harness , and large-diameter heavy-duty non-kinking air supply hose , the breathing tube and air supply hose are securely attached to the harness . The face-piece is equipped with an exhalation valve . The harness has provision for attaching a safety line. (a) Hose mask with blower. Air is supplied by a motor-driven or hand- operated blower. The wearer can continue to inhale through the hose if the blower fails. Up to 300 feet (91 meters) of hose length is permissible . (b) Hose mask without blower. The weare r provides motivating force to pull air through the hose . The hose inlet is anchored and fitted with a funnel or like object covered with a fine mesh screen to prevent entrance of coarse particulate matter. Up to 75 feet (23 meters) of hose length is permissible. 2. Air Line Respirator. Resp irable air is supplied through a small diameter hose from a compressor or compressed-air cylinde r(s). The hose is attached to the wearer by a belt or other suitable means and can be detached rapidly in an emergency . A flow-control valve or orifice is provided to govern the rate of air flow to the wearer . Exhaled air passes to the ambient atmosphere through a valve(s) or opening(s) in the enclosure (face-piece , helmet, hood , or su it). Up to 300 feet (91 meters ) of hose length is permissible . (a) Continuous-flow class. Equipped with a face-piece , hood , helmet , or suit , at least 115 liters (four cubic feet) of air per minute to tight-fitting face- pieces and 170 liters (six cubic feet) of air per minute to loose-fitting helmets , hoods , and suits is required . Air is supplied to a suit through a system of internal tubes to the head , trunk , and extremities through valves located in appropriate parts of the suit. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc . Corporate Safety Manual 7 .1.24 (b) Demand type. Equipped with a face-p iece only , the demand valve pe rmits flow of air only during inhalation . (c) Pressure-demand type. Equipped with a face-piece only , a positive pressure is ma intained in the face-piece . Combination Air-Line Respirators with Auxiliary Self-Contained Air Supply . Include an air-line respirator with an auxiliary self-contained air supply . To escape from a hazardous atmosphere in the event the primary air supply fails to operate , the wearer switches to the auxiliary self-contained air supply . Devices approved for both entry into , and escape from dangerous atmospheres , have a low-pressure warning alarm and contain at least a 15 minute self-contained air supply . Combination Atmosphere-Supplying and Air Purifying Respirators. Provides the wearer with the option of using either of two different modes of operation : (1) an atmosphere-supplying respirator with an auxiliary air-purifying attachment which provides protection in the event the air supply fails or (2) an air purifying respirator with an auxiliary self-contained ai r supply which is used when the atmosphere may exceed safe conditions for use of an air-purifying respirator . Air-Purifying Respirators Ambient air , prior to being inhaled , is passed through a filte r, cartridge , or canister which removes particles , vapors , gases , or a combination of t hese contaminants. The breathing action of the wearer operates the non-powered type of respirator . The powered type contains a blower , stationary or carried by the wearer , which passes ambient air through an air-purifying component and then supplies purified air to the respirator inlet covering. The non-powered type is equipped with a face-piece or mouthpiece and nose clamp. The powered type is equipped w it h a face-piece , helmet, hood , or suit. Vapor and Gas Removing Respirators. Equipped with cartridges(s) or canister(s) to remove a single vapor or gas (for example : chlorine gas), a single class of vapors or gases (for example: organic vapors), or a combination of two or more classes of vapors or gases (for example: organic vapors and acidic gases) from air . Particulate-Removing Respirators . Equipped with filter(s) to remove a single type of particulate matter (for example : dust) or a combination of two or more types of particulate matter (for example: dust and fume) from air. Filter may be a replaceable part or a permanent part of the respirator . Filter may be of the single-use o r the reusable type . Combination Particulate-and Vapor -and Gas Removing Respirators. Equipped with cartridge(s) or canister(s) to remove particulate matter, vapors , and gases from air, the filter may be a permanent part of a cartridge or canister . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.1.25 Table 2 Capabilities and Limitations of Respirator Atmospheric-Supplying Respirators Atmosphere-supplying respirators provide protection against oxygen deficiency and toxic atmospheres. The breathing atmosphere is independent of ambient atmospheric conditions. General limitations: Except for some air-line suits , no protection is provided against skin irritation by materials such as ammonia and hydrogen chlor ide , or against sorption of materials such as hydrogen cyan ide , tritium , or organic phosphate pesticides through the skin . Face-pieces present special problems to individuals required to wear prescription lenses (see 9.1 ). Use of atmosphere supplying resp irators in atmospheres immediately dangerous to life or health is limited to specific devices under specified conditions (see Table 5 and 9 .3 and 9.4). Self-Contained Breathing Apparatus (SCBA): The wearer carries his own breathing atmosphere . Limitations: The period over which the device will provide protection is limited by the amount of air or oxygen in apparatus , the ambient atmospheric pressure (service life of open-circuit devices is cut in half by a doubling of the atmospheric pressure), and the type of work being performed . Some SCBA devices have a short service life (less than 15 minutes) and are suitable on ly for escape (self-rescue) from an irrespirable atmosphere. Chief limitations of SCBA devices are their weight or bulk , or both , limited service life , and the training required for their maintenance and safe use. 1. Closed-Circuit SCBA. The closed-circuit operation conserves oxygen and permits longer service life at reduced weight. The negative pressure type produces a negative pressu re in the respiratory-inlet covering during inhalation , and this may permit inward leakage of contaminants ; whereas the positive- pressure type always maintains a positive pressure in the respiratory inlet covering and is less apt to permit inward leakage of contaminants. 2. Open-Circuit SCBA. The demand type produces a negative pressure in the respiratory inlet covering during inhalation , whereas the pressure-demand type maintains a positive pressure in the respiratory-inlet covering during inhalation and is less apt to permit inward leakage of contaminants . Procedure 7 .1 Respiratory Protection Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.1 .26 Supplied-Air Respirators: The respirable air supply is not limited to the quantity the individual can carry, and the devices are lightweight and simple. Limitations: Limited to use in atmospheres from which the wearer can escape unharmed without the aid of the respirator . The wearer is restricted in movement by the hose and must return to a respirable atmosphere by retracing his route of entry . The hose is subject to be ing severed or pinched off. 1. Hose Mask. The hose inlet or blower must be located and secured in a respirable atmosphere. (a) Hose mask with blower. If the blower fails , the unit still provides protection, although a negative pressure ex ists in the face-piece during inhalation . (b) Hose mask without blower. Maximum hose length may restrict application of device. 2. Air-Line Respirator (Continuous Flow, Demand, and Pressure-Demand Types): The demand type produces a nega t ive pressure in the face-piece on inhalation , whereas continuous-flow and pressure-demand types ma intain a positive pressure in respirator-inlet covering and are less apt to permit inward leakage of contaminants . Air-line suits may protect against atmospheres that irritate the skin or that may be absorbed through the unbroken skin. Limitations: Air-line respirators provide no protection if the air supply fails . Some contaminants , such as tritium, may penetrate the material of an air-line suit and limit its effectiveness. Other contaminants , such as fluorine , may react chemically with the material of an air-line suit and damage it. Combination Airline Respirators with Auxiliary SC Air Supply: The auxiliary self-contained a ir supply on this type device allows the wearer to escape from a dangerous atmosphere . This device with auxil iary self-contained air supply is approved for escape and may be used for entry when it contains at least a 15- minute self-contained air supply. (See Table 5). Combination Atmosphere-Supplying and Air-Purifying Respirators: The advantages and disadvantages , expressed above , of the mode of operation being used will govern. The mode w ith the greater lim itat ions (air-purifying model) will mainly determine the overall capab ilities and limitations of the respirator , since the wearer may fo r some reason fail to change the mode of operation even though conditions would requi re such a change . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.27 Air-Purifying Respirators General limitations: Air-purifying respirators do not protect against oxygen-deficient atmospheres , nor against skin irritations by, or absorption through the skin of airborne contaminants. The maximum contaminant concentration against which an air-purifying respirator will protect is determined by the design efficiency and capacity of the cartridge , canister, or filter and the face -piece-to-face seal on the user. For gases and vapors , the maximum concentration for which the air-purifying element is designed is specified by the manufacturer or is listed on labels of cartridges canisters and canisters. Non-powered air-purifying respirators will not prov ide the maximum design protection specified unless the face-piece or mouthpiece/nose clamp is carefully fitted to the wearer's face to prevent inward leakage (see 7.4). The time period over which protection is provided is dependent on canister, cartridge , or filter type; concentration of contaminant ; humidity levels in the ambient atmosphere ; and the wearer's respiratory rate. The proper type of canister , cartridge , or filter must be selected for the particular atmosphere and conditions. Non -powered air-purifying respirators may cause discomfort due to a noticeable resistance to inhalation . Th is problem is min imized in powered respirators . Resp irator face-pieces present special problems to individuals required to wear prescription lenses (see 9.1 ). These devices do have the advantage of being small , light , and simple in operation. Use of air-purifying respirators in atmospheres immediately dangerous to life or health is limited to specific devices under specified conditions (see Table 5 and 9.3 and 9.4). Vapor -and Gas-Removing Respirators Limitations: No protection is provided against particulate contaminants. A rise in canister or cartridge temperature indicates that a gas or vapor is being removed from the inspired air. An uncomfortably high tempera t ure indicates a high concentration of gas or vapor and requires an immediate return to fresh air . Use should be avoided in atmospheres where the contaminants lack sufficient warning properties (that is : odor, taste , or irritation at a concentration in air at or above the permissible exposure limit (Vapor and gas removing respirators are not approved for contaminants that lack adequate warning properties). Not for use in atmospheres immediately dangerous to life or health unless the device is a powered-type respirator with escape provisions. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.1 .28 1. Full Face-piece Respirator: Provides protection against eye irritation in addition to respiratory protection. 2. Quarter-Mask and Half Mask Face-piece Respirator: A fabric covering (facelet) available from some manufacturers . 3. Mouthpiece Respirator: A small , lightweight device that can be donned quickly that shall be used only for escape applications. Mouth breathing prevents detection of contaminant by odor. Nose clamp must be securely in place to prevent nasal breathing . Particulate-Removing Respirators Limitations: Protection against non-volatile particles only . No protection against gases and vapors. Not for use in atmospheres immediately dangerous to life or health unless the device is a powered-type respirator with escape provisions. 1. Full Face-piece Respirator: Provides protection against eye irritation in addition to respiratory protection . 2. Quarter-Mask and Half-Mask Face-piece Respirator: A fabric covering (facelet) available from some manufacturers shall not be used unless approved for use with respirator . 3. Mouthpiece Respirator: A small , lightweight device that can be donned quickly that shall be used only for escape applications. Mouth breathing prevents detection of contaminant by odor. Nose clamp must be securely in place to prevent nasal breathing. Combination Particulate, Vapor and Gas-Removing Respirators. The advantages and disadvantages of the component sections of the combination respirator as described above apply . Procedure 7 .1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.29 CHART 1 -RESPIRATOR SELECTION FOR ROUTINE USE WHEN THE HAZARD 15: (When chemical cartridges are required, they must be suitable for the hazard involved) Oxygen Deficiency Toxic Contaminants : Gaseous - I DLH Gaseous and Particulate -IDLH Gaseous -Not I DLH Particulate THE RES Pl RA TOR NEEDED TO PROVIDE THIS PROTECTION 15: Positive pressure self-contained breathing apparatus (SCBA) with emergency escape bottle . Full face-piece supplied air respirator operated in pressure demand mode , equipped with an auxiliary positive pressure self-contained breathing apparatus. Positive pressure self-contained breathing apparatus (SCBA) with emergency escape or bottle Full face -piece supplied air respirator operated in pressure demand mode , equipped with an auxil iary positive pressure self-contained breathing apparatus. Chemical cartr idge or supplied-air in or either pressure demand or continuous flow . Dust , Mist or Fume cartridge or supplied-air in either pressure demand or continuous flow in regular face-piece or abrasive blasting helmet. NOTE: IDLH is Immediately Dangerous to Life and Health Procedure 7.1 Respiratory Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.1.30 CHART 2 -RESPIRATOR SELECTION FOR ASBESTOS AIRBORNE CONCENTRATION OF ASBESTOS OR REQUIRED RESPIRATOR CONDITIONS OF USE Not in excess of 0 .1 flee Not in excess of 0 .5 flee Not in excess of 1.0 flee Greater than 1 flee or unknown concentration . Half-mask air purifying respirator, other than a disposable respirator, equipped with high efficiency filters . Full face-piece, air-purifying respirator equipped with high efficiency filters. Any Powered Air-Purifying Respirator (PAPR), equipped with high efficiency filters or any supplied air respirator operated in continuous flow mode. Full face-piece supplied air respirator operated in pressure demand mode , equipped with an auxiliary pos itive pressure self-contained breathing apparatus. Note: a. Respirators assigned for high environmental concentrations may be used at lower concentrations , or when required respirator use is independent of concentration. b. Procedure 7 .1 A high efficiency filter means a filter that is at least 99.97 percent efficient against mono-dispersed particles of 0.3 micrometers in diameter or larger. Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.31 CHART 3 -RESPIRATOR SELECTION FOR LEAD WHEN THE LEAD CONCENTRATION IS: Not in excess of 500 .,_.g/m 3 Not in excess of 3 1,250 .,..glm respirator. Not in excess of 3 2 ,500 .,..glm Not in excess of 50 ,000 .,..g/m 3 Not in excess of 100,000 .,..g/m 3 Greater than 100,000 .,..g/m 3 and unknown concentrations Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual YOU MUST HAVE A PROTECTION FACTOR OF AT LEAST: 10 x PEL 25 x PEL 50 x PEL 1000 x PEL 2000 x PEL >2000 x PEL 7.1.32 RESPIRATOR NEEDED TO PROVIDE THIS PROTECTION IS: Half-mask air purifying respirator with HEPA cartridge. Half-mask supplied-air respirator in demand mode. Loose fitting hood or helmet powered air purifying Hood or helmet supplied-air respirator in the demand mode. Full face-piece air purifying respirator with HEPA cartridge . Tight fitting powered air purifying respirator with HEPA filter. Full face-piece supplied-air respirator operated in the demand mode . Half-mask or full face-piece supplied-air respirator operated in a continuous flow mode . Full face-piece self-contained breathing apparatus operated in demand mode. Half mask supplied-air respirator operated in pressure demand or other positive pressure mode. Full face-piece supplied-air respirator operated in the positive pressure or pressure demand mode. Full face-piece SCBA in pressure demand mode . RESPIRATORY PROTECTION EQUIPMENT The following list represents those respirators which have been approved for use within the Eagle organization. Any deviation from this list will require a prior written request for approval from the Program Administrator. HALF MASK, AIR PURIFYING, NEGATIVE PRESSURE RESPIRATORS • North 7700 Series . • MSA Comfo II . • Survivair Half-mask . • 3M 7000 Series When working on an asbestos abatement project , these respirators may only be used during prep work and containment tear down and are not to be used during gross removal. Under no circumstances may these respirators be used where the asbestos fiber count is expected to or will exceed 0.1 flee . The HEPA filter cartridge must be used for anticipated asbestos exposure . When required to be worn on projects other than asbestos , other protective cartridges may be used as required. Refer to Table 2 in Exhibit 2 of this Section. FULL FACE MASK, AIR PURIFYING, NEGATIVE PRESSURE RESPIRATORS • North 7600 Series • Survivair Full-Face • MSA Altra-Twin . • 3M Full-Face , 7800S When working on an asbestos abatement project , these respirators may only be used during prep work , during containment tear down , or when combined protective cartridges are required for other than gross removal. However , when only a Qualitative fit-test method is utilized, this respirator cannot be used where asbestos fiber counts are expected to exceed 0.1 flee. When a Quantitative fit-test method has been used, these respirators can then be employed where asbestos fiber counts are not expected to exceed 0.5 flee . The HEPA filter cartridge must be used for anticipated asbestos exposure . When required to be worn on projects other than asbestos, additional protective cartridges may be used as required . Refer to Table 2 in Exhibit 2 of this Section . Procedure 7 .1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.33 FULL FACE MASK, POWERED AIR PURIFYING RESPIRATORS (PAPR) • Racal Powerflow. • Racal Breathe-Easy. • Racal O.V. Unit with combination filter . • MSA Optim-Air 6. • 3M Powered Air Purify in g Respi rator. When working on an asbestos abatement project , these respirators can be used during prep work as well as during gross removal , where the asbestos fiber count is not expected to exceed 1.0 flee . The HEPA filter cartridge must be used for all anticipated asbestos exposure . When required to be worn on projects other than asbestos , additional protective cart ridges may be used as required and/or available. Refer to Table 2 in Exh ibit 2 of this Section. When using PAPR respirators , a f low check must be conducted on each respirator before beginning each work shift to determine that air flows properly through the system . This is accomplished by inserting an Airflow Indicator into the outlet side of the motor/airflow unit , turning the motor on and holding the unit so that the Airflow Indicator is in a vertical position . The Airflow Indicator float must be at or above the CFM mark specified for the type of respirator being tested . If the respirator fails the air flow test , it may mean a poo r battery charge , a problem in the assembly of the system , or the cartridge fil ter needs replacement. One of these PAPR respirators is the unit that will be provided whenever a worker requests the use of a PAPR in lieu of any negative pressure respirator , as long as it provides adequate protection for the anticipated exposure . FULL FACE MASK, TYPE-C PRESSURE DEMAND, SUPPLIED-AIR RESPIRATORS • Racal Dual-Air. • MSA Full-Face . • Bullard Lancer Airline. These are the respira tors that must be used at any time that the asbestos fiber count is expected to exceed 1.0 flee , at any time that the amount of exposure to a hazardous chemical or substance cannot be adequately projected , or at any time that exposure to hazardous chemicals or substances cannot be suitably protected against by a lesser type of respirator and filter cartridge combination . OSHA requires TYPE C be used during any Class I aba tement where fiber counts exceed 1.0 flee. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.1.34 Grade D Breathing Air When using the Type-C pressure demand supplied -air respirator system, breathing air must be supplied by either cylinders or air compressors which provide only that type of breathing air which meets at least the requirements for Grade D breath ing air as described in 29 CFR 1910 .134 (d)(1). When using an air compressor to provide the Grade D breathing air, it must have an emergency back-up system to provide breathing air supplied by a sufficient number of cylinders containing Grade D breathing air . Carbon Monoxide (CO) Poisoning All oil lubricated compressors and internal combustion engines have the potential for producing carbon monoxide , a colorless , odorless and tasteless gas which can be fatal for an individual who is overexposed . The symptoms of an individual that is overcome with CO poisoning is dizziness , nausea, severe headache, coma and finally death. If these symptoms are noted , the indiv idual must be immediately removed to fresh air and medical attention provided . In order to protect our workers against the possibility of CO poisoning , all air compressors supplying breathing air must have an in-line Carbon Monoxide (CO) monitor and alarm which is set for a maximum allowable concentration of 10 ppm . The CO monitor must be inspected daily and must be calibrated from a test tank each time the unit is set-up and each time the compressor is moved . A written record of the calibrations and the daily inspections must be maintained with the unit. Compressor System All compressor systems must meet each of the requirements of 29 CFR 1910 .134 (d). The compressed air system must be designed to provide a ir volumes and pressures to accommodate respirator manufacturer's specifications , and must have either a back-up system , as described above , or a receiver of sufficient capacity to allow escape of all respirator wearers from contaminated areas in the event of a compressor failure . Documentation of the capacity of compressed a ir system/respiratory protection system must be retained on site and must include a list of compatible components with the maximum number and type of respirators that may be used with the system . All air-line hoses and equ ipment from the manifold back to the wearer must contain the same NIOSH approval number as the mask itself. The mixing of air-line hoses and other equipmen t on a comp ressed air system is prohibited. The air compressor must be located where contam inated air cannot enter the system , and the system must be tested at least twenty-four hours prior to commencement of work and must be shown to be fully operational and in good working order at that time. The use of ambient air breathing apparatus w ill not be allowed in lieu of the compressed air system. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.35 FULL FACE MASK, PRESSURE DEMAND SELF-CONTAINED BREATHING APPARATUS (SCBA) • Racal 2000 System, NIOSH approval No.# TC13F279. • Scott Pressure-Pak, NIOSH approval No.# TC13F40 . Self-contained breathing apparatus (SCBA) must be used for entry and escape from all atmospheres Immediately Dangerous to Life or Health (IDLH) or where there may be an oxygen deficiency. SCBA units are ideal for HAZMAT response or for confined space or vessel entry . SCBA equipment must be inspected at least once each month and after each use. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.36 PROCEDURES FOR CONDUCTING A QUALITATIVE FIT-TEST (QLFT) USING IRRITANT SMOKE These procedures specify the only allowable Qualitative Fit-Test (QLFT) protocols permissible for compliance with OSHA and the Eagle Respiratory Protection Program . IRRITANT SMOKE TEST A. SELECTING THE RESPIRATOR 1. The test subject must be allowed to select the most acceptable respirator from a sufficient number of respirator sizes and models so the respirator is acceptable to , and correctly fits , the user . 2. The selection process must be conducted in an area away from the fit-test area to prevent odor fatigue. Prior to the selection process, the test subject must be shown the correct way to put on a respirator , how it must be positioned on the face, and how to set strap tension. B. SELECTING THE TEST AGENT 1. Of the three test agents available, sodium saccharin has been selected for the test agent. This is the agent recommended by NIOSH. If irritant smoke is the agent used because it causes an involuntary response from the test subject and therefore provides a better test indicator it must be conducted in a well ventilated area and without a fit test chamber. 2. Allow the test subject to taste/smell a weak concentration of the test agent to familiarize him/her with its characteristic odor. C. CONSTRUCTING THE FIT-TEST CHAMBER 1. Construct a temporary fit-test chamber by inverting a large clear poly bag so that the sealed end of the bag is on top, and attaching it to a wall by using duct tape or some other method . The top of the bag should be approximately 7 feet above the floor . This will enable each of the test subjects, regardless of their height , to stand with their head and shoulders inside the bag for the test. During the test , care must be taken to ensure that the bottom of the bag is open to admit as much oxygen as possible . The test subject must be cautioned to stand with his/her head and shoulders inside the test chamber (bag) only during the actual test. Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.37 D. CONDUCTING THE FIT-TEST 1. Have the test subject properly don the selected respirator and tighten the tension straps to get a good face-piece-to-face seal. 2. At this point , the test subject must "seat" the mask by rapidly moving the head from side-to-side and up and down while taking a few deep breaths. 3. The test subject must now conduct the positive and/or negative pressure test. If the positive and/or negative pressure test is not satisfactory, the selected respirator must be discarded at this point and an alternate respirator selected and tested . 4. If the positive and/or negative pressure test was satisfactory, the test subject is now ready for the fit-test. 5. Allow the test subject to wear the respirator for approximately 8 to 10 minutes before continuing with the fit-test. Use this time to review the test procedures with the test subject. If using irritant smoke, advise the test subject that the test agent is an irritant to the eyes and that if the test respirator is a half-mask, that he/she should keep their eyes closed during the test. 7. Direct the test agent towards the face-seal areas of the test subject, beginning at least twelve inches from the face-piece and gradually moving to within one inch, moving the smoke around the whole perimeter of the mask. 8. Instruct the test subject to conduct the following exercises while the respirator seal is being challenged by the test agent. Each exercise must be performed for at least one minute. If the test agent is tasted by the subject (sodium saccharin) or produces an involuntary reaction (Irritant Smoke) by the test subject, stop the test , reject the respirator, and select another . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.38 Exercises Required During the Test: • Breath normally . • Breath deeply . Be certain the breaths are deep and regular. • Turn the head from side-to-side . Be certain the motions are complete and that the test subject is inhaling when his/her head is at either side . • Nod the head up and down. Be certain the motions are complete . Have the test subject inhale when his/her head is in the fully up position. • Have the test subject talk slowly and distinctly, counting backwards from ten to one .. • Hand him/her the following passage and ask the test subject to read it aloud . Rainbow Passage : "When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors . These take the shape of a long round arch , with its path high above , and its two ends apparently beyond the horizon . There is, accord ing to legend , a boiling pot of gold at one end . People look , but no one ever finds it. When a man looks for something beyond reach , his friends say he is looking for the pot of gold at the end of the rainbow ." • If for some reason , the test subject cannot read the Rainbow Passage, then the passage must be read to the test subject a little bit at a time and the test subject must be asked to repeat it aloud word-for-word . • Have the test subject jog in place for a few seconds. 9. When the test subject has passed the test without tasting the test agent or evidence of a response , the respirator must be removed and the test subject given a sensitivity check of the test agent from the same source used during the fit-test to determine whether he/she is sensitive. Failure to evoke a response will void the whole fit-test and require that it be conducted over again using a d ifferent test med ia . Procedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.39 E. ANNUAL TESTING The qualitative fit-test must be repeated at least once every twelve months, if the user is assigned a new respirator , or whenever one or more of the following occur: • The employee has a weight change of 20 pounds or more ; • Facial scarring occurs in an area of the face-seal ; • The employee has significant dental changes ; • The employee has reconstruction or cosmet ic surgery of the face; and • Any other condition that may interfere with the face-piece seal. F. RECORDKEEPING The Respirator Test Summary , shown in Exhibit 8 , must be completed for each fit- test. Procedure 7 .1 Respiratory Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.1.40 INITIAL EXPOSURE ASSESSMENT -ASBESTOS Check this box D if this is a NEGATIVE EXPOSURE ASSESSMENT oject No .: ________ _ Project Name :------------------ Project Address :------------------------------- Project Competent Person :------------------Phone : _______ _ Date of AH ERA Training : ________ Date Current Training : ________ _ Copies of certificates must be on site Assessment Completed by : ____________ Competent Person : Yes D No D Assessment Completion Date : _____ Project Start Date : ______ Project Finish Date : ___ _ SCOPE OF WORK: OSHA Class of Work : D Class I D Class II D Class Ill D Class IV Describe Scope of Work : ___________________________ _ Work Force : D In-House D Contract Project Location : D Indoor D Outdoo r D Confined Space INITIAL EXPOSURE ASSESSMENT IS BASED ON: HISTORICAL DATA D OBJECTIVE DATA D HISTORICAL DATA: CURRENT PROJECT HISTORICAL DATA Project No. ____ _ Project No. ___ _ (Anticipated levels) te of Project: Type of ACM/PACM : Percentage of ACM: Material Condition : The Processes: Control Methods: Work Practices: Type of Environment: Respirator Protection : Are exposure levels consistently below PEL? Yes D No D D OBJECTIVE DATA: (Describe product and activity) ______________ _ Note: ANTICIPATED RESPIRATORY PROTECTION REQUIREMENT FORM must be completed and attached. ocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7.1.41 Corporate Safety EXPOSURE ASSESSMENT GUIDELINES GENERAL: For all Class I, 11, and Ill asbestos work activities, you must either: conduct an Initial Exposure Assessment for each project (generic assessments for types of activities are not allowed) to determine the expected exposure levels; or -the project must be performed in a complete negative pressure containment, using full facepiece supplied-air respirators , operated in the pressure demand mode. Exposure Assessments must be completed before the work begins, in time to assure that all control systems and protective measures are available, installed, and working properly . Exposure Assessments must be performed by a Competent Person , whose duties and requirements have been expanded under Paragraph (o) of the new Standard , to include: -must have completed a 40 hour EPA accredited contractor/supervisor training; -must be present during each work shift; and -must perform regular inspections while work is being conducted . INITIAL EXPOSURE ASSESSMENT: • For comparison purposes , when selecting a historical work project to use as a reference, select one that has characteristics that are similar to, or worse than , the work project being assessed. • Worker training and experience must be similar and under comparable work conditions. If both sets of workers attended equivalent EPA Model Accreditation Plan asbestos courses and have approximately the same amount of experience, you can assume similarity of training and experience. • Air monitoring data must also be for comparable work conditions and work practices. For example, preparation data cannot be compared to gross removal data . • If feasible, this should be based on monitoring conducted pursuant to paragraph (f)(1)(iii) of the Standard . • For Class I work, unless a Negative Exposure Assessment has been made, or air monitoring has been conducted to prove otherwise, it must be presumed that employee exposure will be in excess of the PEL. NEGATIVE EXPOSURE ASSESSMENT: • After analyzing both the historical data and the projected data for the project being assessed , you can demonstrate that employee exposures will be below the PELs , you may produce this assessment as a Negative Exposure Assessment and check the box at the top of the form . • Prepare an Anticipated Respiratory Protection Requirement form. • Keep a copy of this completed form in the job file, and post a copy at the work site. ocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7 .1.42 Corporate Safety RESPIRATOR FIT-TEST AND TRAINING RECORD Employee's Name: __________________ Social Security No: oject Name :--------------------Job Number: ________ _ RESPIRATOR FIT-TEST SUMMARY (A separate Fit-Test must be performed for each Negative Pressure Respirator used) Fit-Test Date : __________ Person Conducting Fit-Test: _____________ _ Respirator Selected for Test: Manufacturer: Model :---------- Respirator Size : -------------NIOSH Approval No .: ----------- Type of Fit-Test Conducted : ---------Type of Agent Used : Was Rainbow Passage Used : Yes D No D Was Face-piece-to-Face Seal Obtained : Yes D No D Signature of Person Performing Fit-Test: ------------------------- RESPIRATOR TRAINING RECORD Your signature on this Respirator Training Record will attest to your having received and understood the following respirator training information which both OSHA and Eagle require as a part of their Respiratory Protection Program . e required respirator training consists of the following information : An explanation of the problems involved in misusing or inter-changing parts of the respirator. A discussion of why engineering controls could not prevent the use of resp iratory protection . How and why this make and model respirator was chosen for this specific project. The limitations of this make and model respirator. How to put on this respirator and properly adjust the face-piece and tension straps . How to wear this respirator properly . What the essential points of the care and ma intenance of this respirator are . How to recognize and handle emergencies which may occur while using this respirator. How to properly inspect, clean and disinfect this respirator. How to properly use an Air-Purify ing Respirator. When a Powered Air-Purifying Respirator is required . When a Type-C supplied-air respirator is required. The purpose of the medical evaluation . How Eagle performs a proper respirator fit-test. That this fit-test must be performed at least every six (6) months . That you will be permitted to leave the work area to wash your face and respirator whenever necessary. That filter elements may be changed whenever an increase in breathing resistance is detected . That a Powered Air-Purifying Respirator (PAPR) is available to you upon request , as long as it meets the protection factor for the hazard involved . Employee's Signature: ---------------------Date: rocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7 .1.43 Corporate Safety RESPIRATOR INSPECTION CHART -EM Half-Face APR FACEPIECE Dirt or debris X Cracks , tears , or holes X Distortion X Cracked or scratched lens Looseness of parts X HEADSTRAPS Breaks or tears X Loss of elasticity X Broken or malfunctioning buckles x VALVES Dirt or dust Detergent residue Distortion Missing pieces Fit of valve set -,L TERS/CARTRIDGES Proper one for intended use Approval designation Missing or worn gasket Worn threads on filter Worn threads on face-piece Cracks or dents Missing or loose hose clamps PUMPS Motors working properly Batteries charging properly Batteries holding an 8 hour charge Charging unit Test gages Power cords Hoses Belt holder rocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7 .1.44 X X X X X X X X X X X X Full-Face PAPR APR X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Type-C SCBA X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Corporate Safety COMPRESSORS Air quality Breaks or kinks in supply hose Supply hose fittings Connections Regulator set properly and working Valves working correctly Carbon monoxide alarm set properly High temperature alarm working Air-purifying elements working prope rly TANKS Regulator Valves Reserve air system ocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7 .1.45 X X X X X X X X X X X X Corporate Safety Respirator Date Cleaned Identification & Disinfected rocedure 7.1 Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7 .1.46 MAINTENANCE LOG Date Brief Inspected By Whom Description of Repairs or Maintenance Corporate Safety KEY ITEM CHECK LIST FOR RESPIRATORY PROTECTION Key Item Respirator Program • Is there a written respiratory protection program on site? • Has a competent Program Administrator been designated? • Has the name of the Program Administrator been posted? • Is the Program Administrator evaluating the program? • Has an Anticipated Respiratory Protection Requirements form been completed? • If an asbestos project, has an Initial Exposure Assessment form been completed as well? Respirator Selection • Are all respirator NIOSH approved? • Have respirators been selected based on the hazard? 0 • Has selection been based on the activity to be performed? • Are respirators being selected from one of the three Respirator Selection Charts in the written program? Respirator Training • Are all workers who are required to use a respirator receiving the appropriate respirator training? • Is retraining being conducted when it is warranted? • Are respirator training records being completed? Fit-Testing • Are workers receiving a medical evaluation prior to being fit-tested for a respirator? • Are respirators fit-tested before initial use? • Is fit-testing repeated at least annually? • Is the Rainbow Passage used doing fit-testing? 0 • Are employees performing both a positive and a negative field test before entering a contaminated area? • Is a Respirator Fit-Test Summary Record being completed for each worker on each type of respirator being used? Inspection and Maintenance rocedure 7.1 • Are respirators cleaned and disinfected after each use? • Are respirators allowed to air dry before being put away? • Is a competent person responsible for inspecting the respirators? • Are written records being maintained on the care and maintenance of the respirators? • Are respirator problems being reported? Respiratory Protection Program Eagle Remediation Services, Inc. Manual 7.1.47 Yes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 No 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Corporate Safety CORPORATE SAFETY MANUAL P rocedure No. Date: 7.2 2/21/2008 Eagle Remediation Services, Inc HAZARD COMMUNICATION PROGRAM Rev ision : 1 Total pages : 26 1.0 PURPOSE The purpose of this written Hazard Communication Program is to ensure that our employees are informed , by means of labels , Material Safety Data Sheets and training , of the physical and health hazards to wh ich they may be exposed. This written program meets the requirements of OSHA's Hazard Communication Standard for the Construction Industry, 29 CFR 1926.59 . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY It is the policy of Eagle, to provide a safe workplace for its employees based on guidelines established by the Occupational Safety and Health Administration (OSHA) and othe r available recommendations. Eagle , as an employer engaged in a business where chemicals are either used or where its workers have the potential for contact wi t h chemicals in their workplace , will ensure that the hazards of all chemicals found in the workplace will be evaluated and that information concerning their hazard will be transmitted to all affected employees. Accordingly , this program describes how this criteria will be met. NOTE: Eagle neither produces nor distributes chemicals. 4.0 PROGRAM MANAGEMENT Although not specifically required under the OSHA regulations , Eagle 's program shall have Program Managers with authority to carry out its written requirements. 4.1 Responsible Party -Administrator Procedure 7 .2 Since each Branch within Eagle is now required to comply with the provisions of this Section , each Branch Manager, or his designate , will be named Administrator of the program and will be charged with the primary responsibility for all aspects of the Hazard Communication Program within the Branch. The Branch Manager, or his designate , will have overall responsibility for : establishing the chemical inventory ; providing the hazard assessment , based upon the chemicals Material Safety Data Sheet (MSDS); obtaining and providing additional information on the hazardous chemicals; overseeing the Company's labeling program ; identifying and providing appropriate emergency procedures , if necessary ; and supervising the train ing program. Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2 .1 The Branch Manager, herein referred to as the Administrator , will designate this responsibility to the senior supervisor on each jobsite in order to ensure that each project has implemented an up-to -date Hazard Communication Program. 4.2 Responsible Party -Health and Safety Officers The Eagle Branch Health and Safety Officers have been assigned the responsibility for coordinating the written Hazard Communication Program . The Corporate Director for Health , Safety and Compliance , in consultation with the Branch Health and Safety Officers , w ill maintain the program and institute changes as necessary . 5.0 PROGRAM CONTENT This written Hazard Communication Program has been promulgated based upon the OSHA Hazard Communication regulations found in both 29 CFR 1926 .59 and 29 CFR 1910 .1200 , as well as additional requirements instituted by Eagle. Components of this written Hazard Communication Program are as follows : • • • • • • • • • Eagle 's written Hazard Communication Program OSHA's Hazard Communication Standard OSHA's Haza rd Communication Inspection Procedures An MSDS Glossary Lists of Regulated Hazardous Chemicals Hazardous Chemical Inventory Material Safety Data Sheets (MSDS) Education and Training Program HMIS Labeling System • Program Forms 5.1 Distribution Copies of this written Hazard Communication Program will be provided to all Eagle Branch Health and Safety Officers , all Branch Managers , all participating supervisory personnel and to other people under special circumstances. A copy of this program will be made available for review by all Eagle personnel at each Eagle jobsite during normal working hours . 5.2 Quality Assurance and Updates Procedure 7.2 If employees have questions, concerns or recommendations about this written program, they are encouraged to submit their questions , concerns or recommendations to their project supervisor , who in turn will forward this information to the Branch Health and Safety Officer. Comments will be evaluated and appropriate action will be taken. Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.2 In addition, this written program will be evaluated on an annual basis. This program shall be updated and revised as new data becomes available or as a change in the Company 's operations occurs . 6.0 STATE RIGHT-TO-KNOW Many states and local communities have adopted employee "Right-to-Know" laws. Most of these local laws contain not only the provisions of the Federal Standard, but often times go far beyond in their compliance requirements . However, the courts have ruled that the Federal OSHA Standard would pre-empt all state and community Right-to-Know laws for all employers , with respect to those requirements that are covered by the federal standard . This does not mean that Eagle is exempt from all of the requirements of state Right-to-Know laws. Acco rding to OSHA, employers need not comply with the labeling , MSDS and training requirements of state laws . However, each state law is different, and in some areas additional requirements must still be met; such as , annual reports , community notification of hazardous chemicals , employee 's right of refusal to work, additional hazardous chemica l sources , etc . Each state and local community must be checked to determine their local requirements regarding hazardous chemicals. 7.0 THE WRITTEN HAZARD COMMUNICATION PROGRAM 7 .1 Hazard Communication Program This written Hazard Communication Program is required by 29 CFR 1926 .59(e); and although the length and complexity of the program may vary from Branch to Branch within the Eagle organization , the program must address the issues of the Standard in sufficient detail to ensure that a comprehensive approach to hazard communication has been developed . 7 .2 Effective Dates The effective date of this OSHA Standard now requires that all Eagle Branches be in complete compliance with t he requirements of the OSHA Hazard Communication Standard. 7.3 Availability Procedure 7.2 In accordance with the requirements of Paragraph (e) of the Standard , a copy of this program is available , upon written request, to all employees , their designated representatives , the Assistant Secretary of Labor and the Director of OSHA In order to facilitate this availability, a copy of the program is contained in the Corporate Safety Manual , MSDS Master files and in each Field copy of Eagle 's written Hazard Communication Program Manual , and a copy must be physically located on each jobsite . Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.3 Where employees must travel between workplaces during a work shift, i.e., their work is carried out at more than one geographical location , the written Hazard Communication Program may be kept at the primary workplace facility. 7.4 Exemptions Procedure 7.2 There are two types of exemptions from this program; those items that are exempt from the Standard and those items that are exempt from the labeling requirements of the Standard. 7 .4.1 The following materials or operations are exempt from the provisions of this Standard : a. Any hazardous waste , as such term is defined by the Solid Waste Disposal Act , as amended by the Resource Conservation and Recovery Act of 1976 , as amended (42 U.S .C. 6901 et seq.), when subject to regulations issued under that Act by the En vironmental Protection Agency ; b. Any hazardous substance , as such term is defined by the Comprehensive Environmental Response , Compensation and Liability ACT (CERCLA) (42 U.S .C. 9601 et seq .). When the hazardous substance is the focus of remedial or removal action being conducted under CERCLA in accordance with the Environmental Protection Agency regulations; c. Tobacco or tobacco products; d. Wood or wood products , including lumber which will not be processed , where the chemical manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility (wood or wood products which have been treated with a hazardous chemical are covered by this Standard, and wood which may be subsequently sawed or cut , generating dust, are not exempted); e. Articles , which means a manufactured item other than a fluid or particle : (i) which are formed to a specific shape or design during manufacture ; (i i) which have end use function(s) dependent in whole or in part upon its shape or design during end use ; and (iii) which under normal conditions of use do not release more than very small quantities, e.g ., minute or trace amounts of a hazardous chemical and does not pose a physical hazard or health risk to employees ; f. Food or alcoholic beverages , which a re sold, used or prepared in a retail establishment (such as a grocery store , restaurant or drinking place), and foods intended for personal consumption by employees while in the workplace ; g. Any drug , as that term is defined in the Federal Food , Drug , and Cosmetic Act (21 U.S.C . 301 et seq .), when it is in solid , final fo rm for direct administration to the patient (e.g ., tablets or pills); drugs which are packaged by the chemical manufacturer for sale to consumers in a retail establishment (e.g., over-the-counter drugs); Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.4 7.4.2 Procedure 7.2 h. i. j . k. I. a . b . C. d . and drugs intended for personal consumption by employees while in the workplace (e .g ., first aid supplies); Cosmetics which are packaged for sale to consumers in a retail establishment and cosmetics intended for personal consumption by employees while in the workplace ; Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C . 2051 et seq .) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq .) respectively , where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product , and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended; Nuisance particulates where the chemical manufacturer or importer can establish that they do not pose any physical or health hazard covered under this section ; Ionizing and non-ionizing radiation; and , Biological hazards. When labeled in accordance with federal requirements, the following substances shall be exempt only from the labeling provisions of the Standard: Any pesticide, as such term is defined in the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C . 136 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency ; Any chemical substance or mixture, as such terms are defined in the Toxic Substances Control Act (15 U.S.C . 2601 et seq.), when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Environmental Protection Agency; Any food , food additive, color additive , drug, cosmetic or medical or veterinary device or product , including materials intended for use as ingredients in such products (e.g. flavors and fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C . 301 et seq.) or the Virus-Serum-Toxin Act of 1913 (21 U.S.C . 151 et seq.), and regulations issued under those Acts, when they are subject to the labeling requirements under those Acts by either the Food and Drug Administration or the Department of Agriculture ; Any distilled spirits (alcoholic beverage), wine or malt beverage intended for non-industrial use, as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C . 201 et seq.) and regulations issued under that Act, when subject to the labeling requirements of that Act and labeling regulations issued under that Act by the Bureau of Alcohol, Tobacco, and Firearms ; Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.5 e . Any consumer product or hazardous substance , as those terms are defined in the Consumer Product Safety Act (15 U.S.C . 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq .) respectively , when subject to a consumer product safety standard or labeling requiremen t of those Acts , or regulations issued under those Acts by the Consumer Product Safety Commission ; and , f . Agricultural or vegetable seed treated with pesticides and labeled in accordance with the Federal Seed Act (7 U.S.C . 1551 et seq .) and the labeling regulations issued under that Act by the Department of Agriculture . 8.0 HAZARD DETERMINATION 8.1 Sources Procedure 7.2 Eagle, in evaluating chemicals , shall treat the following sources as establishing that the chemicals listed in them are hazardous: a. 29 CFR part 1926, Subpart Z , Tox ic and Hazardous Substances , Occupational Safety and Health Administration (OSHA); or, b. "Threshold Lim it Values for Chemical Substances and Phys ical Agents in the Work Environment ," American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). The chemical manufacturer, importer, or employer is still responsible for eva luat ing the hazards associated with the chemicals in these source lists in accordance with the requirements of this standard . Chem icals listed by ACGIH in Threshold Limit Values for Chemical Substances in the Work Environment. These lists provide a base of over 600 regulated substances . Eagle is responsible for determining the hazards associated wi t h each of these chemicals , when they are used in the work place or shipped by Eagle to another location . In addition , OSHA has decided what will constitute a carcinogen under the Hazard Communication Standard , and that is , any chemical listed as a confirmed or suspected carcinogen by the following : a. The National Toxicology Program's "Annual Report on Carcinogens ;" b. International Agency for Research on Cancer's Monographs ; and c. OSHA's 29 CFR 1926 , Subpart Z , Toxic and Hazardous Substances , Occupational Safety and Health Adm inistration. NOTE: The "Registry of Toxic Effects of Chemical Substances" published by the National Institute for Occupational Safety and Health indicates whether a chemical has been found by NTP or IARC to be a potential carcinogen . Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2 .6 Procedure 7.2 8.2 Hazard Assessment Eagle has chosen to rely on the evaluation and determination of the chemical by the chemical manufacturer and importer and the use of the Material Safety Data Sheet which they have provided , to satisfy the requirements of 29 CFR 1926.59(d) Hazard Determination . 8.2.1 Eagle will rely, in good faith , on the MSDS received with all hazardous chemical shipments , or soon thereafter in the case of missing or updated MSDSs , from the chemical manufacturer, importer or distributor. The Branch Manager is charged with the responsibility for ensuring that the most current MSDSs are posted in the Master and Field MSDS Binders . If new and significant information concerning the potential health hazard of a chemical in the work place is uncovered, then the safety manager will ensure that either an updated MSDS is obtained from the supplying source , or in the event such MSDS is not available , that the new information is added to the appropriate section of the existing MSDS within two (2) months of his being advised of the new information . 8.2.2 Eagle will rely solely on the MSDS and will not utilize any in- house alternatives to the MSDS for hazard assessment. 8.2.3 Since Eagle does not have access to the written procedures maintained by the chemical manufacturer, importer, or distributor, should a problem arise with the information received that cannot be resolved with the supplier , the matter will be referred to the nearest OSHA office for investigation. 8.2.4 In the event Eagle should become a "chemical manufacturer", due to a chemical being produced during a process of any type , the chemical will be evaluated in accordance with the provisions of the Standard by an appropriate outside chemical laboratory who will also be requested to provide a completed MSDS on the basis of their analysis of the chemical. 8.2.5 Should a Eagle Branch find it necessary to mix two or more chemicals , and the mixture has already been tested as a whole by any of the suppliers to determine its hazards , the results of this testing will be requested on an MSDS for the mixture as a whole. If this mixture has not been tested as a whole , then paragraphs (d)(5)(ii), (iii) and (iv) of the Standard will be used as the procedure for determination of the hazard. Should this become necessary , the procedures used to evaluate this mixture will be described in writing and attached to the completed MSDS . Note: Ingredients of less than 1 % of the mixture must be identified if there is evidence that the ingredients could be released from the mixture Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.7 in concentrations that would exceed a maximum threshold limit or present a health hazard . 8.3 Hazardous Chemical Inventory The Hazardous Chemical Inventory must be site specific! The Hazardous Chemical Inventory is a list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas). The designated supervisor will immediately, and throughout the length of the project , conduct an inventory of all chemicals within the work place. Using the appropriate MSDS for each of these chemicals , he will make an accurate assessment as to whether or not these chemicals contain a hazardous substance. In the event the MSDS shows the chemical to contain a hazardous substance , he will then enter this chemical onto the jobsite Hazardous Chemical Inventory sheet , completing the inventory form , as instructed. He will then take the necessary steps to ensure that each of these hazardous chemicals are appropriately labeled with an HMIS label and that the chemical 's MSDS is placed in the Hazardous MSDS section of the Field MSDS Binder which is located at the jobsite . The supervisor will also determine whether or not there are any missing MSDSs and that such , if any , have been requested from the Administrator. The Hazardous Chemical Inventory form , a copy of which is included with this Section , will be the form used to record the jobsite 's Hazardous Chemical Inventory. 9.0 MATERIAL SAFETY DATA 9.1 Material Safety Data Sheets (MSDS) Procedure 7.2 Although OSHA revised their Hazard Communication Standard in February of 1994 , to allow companies to stop collecting MSDSs , as long as their employees have access to the MSDS by FAX transmission , Eagle has elected to continue to require that cop ies of all currently required MSDSs be maintained in Section 7 of the Company's written Hazard Communication Program . The Material Safety Data Sheet (MSDS) is the primary document in the Hazard Communication Program . The Standard requires manufacturers and importers to provide an MSDS with the chem icals they ship and requires employers to have an MSDS on each hazardous chemical they use. We cannot overstate the importance of the MSDS . This form contains all known hazard and protection information on a hazardous chemical. It is the one place everyone should look before starting any job involving Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.8 Procedure 7.2 hazardous chemicals and any time there is a question about a particular chemical's risks or means of protection. 9.1.1 Acquiring the Material Safety Data Sheets (MSDS) The Administrator and the Branch purchasing agent are responsible for obtaining an MSDS on each chemical substance or compound entering the work place . The normal procedure for acquiring an MSDS will be to place a notice on all purchase orders requiring the supplier to comply with the MSDS requirements of the Standard. Indicate on the purchase order to whom the MSDS should be sent. The supplier has thirty (30) days in which to respond. A follow-up letter should be sent if the MSDS is not received within the thirty (30) day period. This second request should be accompanied by a telephone call. If the MSDS is not received within ten (10) working days following this second request , a certified letter requesting the MSDS should be sent to the supplier . Continued absence of the MSDS within the ten (10) wo rking days following the certified letter should result in the filling of a written complaint with the nearest OSHA regional office or appropriate state agency. One other possibility is to seek an alternate supplier who can guarantee an immediate MSDS. Complete documentation must be maintained on all requests for an MSDS , from the initial request on the purchase order through the letter of complaint with the appropriate regulatory agency , including all telephone calls . Note: One of the most important aspects of state Right-to-Know laws is documentation. Therefore , it is imperative that Eagle carefully document all communication with both suppliers and customers when dealing with hazardous chemicals and MSDSs. 9.1.2 Distribution The Administrator and the individual in charge of shipping are responsible for ensuring that a current MSDS accompanies all initial shipments of hazardous chemicals to any customer. Note: When a customer requests that Eagle furnish an MSDS for a hazardous chemical that is listed as an exemption , a letter from Eagle indicating this exemption will be suffic ient Hazard Communication Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.2.9 response to this request. However, whenever an MSDS is sent to the customer, every effort should be made to send a copy of the original MSDS from the manufacturer of the chemical. The Administrator is responsible for the distribution of all new or updated MSDSs to the field for placement in Section 7 of Eagle 's written Hazard Communication Program Manuals . 9.1.3 Maintenance of Records OSHA does not require that either the MSDS or the chemical inventory be kept for a specific period of time . They need only be maintained on a current status and to the extent required by OSHA's Employee Access to Exposure and Medical Records , as specified in 29 CFR 1910.20. However, while neither MSDSs nor chemical inve ntories have to be kept for a specified period of time , this is only true provided some other record of identity and where and when the hazardous chemical was used , is kept for a period of th irty (30) years. Therefore , Eagle has made the decision to keep both the Hazardous MSDSs and the Hazardous Chemical Inventories for the thirty (30) year period specified in the Records Access Rule. Refer to Paragraph 7 .2 .3 of this section . It is the responsibility of the individual supervising the project to ensure that the Field copies of the Eagle written Hazard Communication Program Manual are maintained and are up- to-date for immediate emp loyee access . 9.1.4 Employee Request for MSDS Any employee or employee representative has the right to request a copy of a Material Safety Data Sheet. In order to facilitate this request , the employee , or representative , must complete the Employee Request for Material Safety Data Sheet form. One form must be completed for each MSDS requested . Every effort will be made to comply with this request as quickly as possible . A copy of the completed form must be placed in the employee's personnel file for thirty years retention . 9.2 MSDS Locations Procedure 7.2 The MSDS is one of the mechanisms used by Eagle to transmit required information on hazardous chemicals to its employees . This is accomplished by placing a copy of the MSDS for each hazardous chemical in the work place into Section 7 of Eagle 's written Hazard Communication Program Manual. For field locations, this is known as the Field copy of the Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.10 Procedure 7.2 Eagle written Hazard Communication Program Manual. In addition to the field locations, there must also be one central location within the Branch where all master copies of the MSDS are maintained . This is known as the master file of MSDSs and should be in Section 7 of the Administrator's copy of the Eagle written Hazard Communication Program Manual. 9.2.1 Master File of MSDSs The master file of MSDSs must be maintained in the office of the Administrator . As a master file, this copy of the Eagle written Hazard Communication Program Manual should be complete and up-to-date at all times . The master file should have all written back-up material attached directly to the MSDSs. For example , if a worksheet is used for generating the Hazardous Materials Identification System (HMIS) rating for the label identifying the hazards of the chemical , the worksheet should be attached to the MSDS of this chemical. In addition to having a copy of the MSDS for all chemicals, this master file of MSDSs must also have copies of all Hazardous Chemical Inventory sheets, a copy of the Company's written Hazard Communication Program , and a copy of the OSHA Standard. 9.2.2 Field Copies of MSDSs The Eagle Corporate policy mandates there be an MSDS in the Field copy of Eagle's written Hazard Communication Program Manual for each substance listed on the jobsite's Hazardous Chemical Inventory. Refer to the Inventory in Section 6 of the Field copy of the written program manual. The number of Field copies of the written program manual required for each division will vary ; however, there must be at least one Field copy at every jobsite , or large work area within a job site, where hazardous chemicals are used. On some very large jobs, where workers are located on several different floors, it may necessitate having more than one Field copy at the same jobsite. When employees must travel between workplaces during a work shift , i.e ., their work is carried out at more than one geographical location, the Field copy may be kept at a central location at the primary workplace facility. In this situation , the MSDSs must be immediately available to the employees in an emergency situation . The location of each Field copy on a jobsite must be posted for employee information. The Field copy of the Eagle written Hazard Communication Program Manual will consist of a hard cover three-ring notebook which is to be prominently located at each jobsite and which is to contain the following : Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.11 1. A copy of Eagle's written Hazard Communication Program; 2 . A copy of OSHA's Hazard Communicat ion Standard , 29 CFR 1926 .59 ; 3. A copy of OSHA's Inspect ion procedures ; 4 . An MSDS Glossary ; 5. A basic list of those chemicals regulated under the Hazard Communication Standard ; 6 . The jobsites Hazardous Chemical Inventory list; 7. A complete set of MSDS for each chemical listed on the Hazardous Chemical Inventory ; 8. The Hazcom Training Program ; 9. The HMIS Labeling System ; and 10. Copies of the Hazcom Training Forms . 9.2.3 At Completion of Project When the project has been completed , a copy of the Hazardous Chemical Inventory and the respective Material Safety Data Sheets , as well as the Hazard Communication Training Log and the Hazcom Training Identification List , must become a part of the permanent job file and retained for a period of at least thirty (30) years . 9.3 Trade Secrets Procedure 7.2 Most state Right-to-Know laws , as well as the Federal Standard, provide protection for trade secrets in varying degrees . If trade secret information is withheld on the MSDS , all other information must be provided on the substance's properties and effects . The MSDS must also indicate the category of information being withheld , and the claim of a trade secret must be able to be supported. The specific chemical identity that may be withheld includes the chemical name , CAS number, or any other information which could reveal the precise chemical designation of the substance . However, should Eagle utilize the trade secret portion of the Standard , they must issue some type of identity to the chemical which can be tied directly back to a complete MSDS which identifies the chemical and its hazards. Should a treating physician or health care professional determine that a medical emergency exists, Eagle must immediately disclose any necessary trade secret information that will assist the medical professionals in handling the emergency . Eagle may , however, require the health care professional who requested the information to sign a confidential ity agreement. In non-emergency situations , workers , their representatives , occupational health nurses and occupational health professionals may request trade secret information. Eagle will provide this Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.12 information if the request is in writing , it adequately explains the need for the information , describes the measures that will be taken to prevent further disclosure of the information , and the individual requesting the information will be willing to sign a confidentiality agreement. Disagreements on disclosure will , in all probability , be settled by OSHA. 10.0 LABELING AND OTHER FORMS OF WARNING 10.1 Container Labeling (Hazardous Chemicals Only) Procedure 7.2 Each container of a hazardous chemical in the workplace will have a warning label , tag or will be marked with the following information: a. The identity of the hazardous chem ical(s) conta ined therein ; and , b. An appropriate hazard warning , or alternatively , words , pictures , symbo ls, or combination thereof, which provide at least general information regard ing the hazards of the chemica ls, and which , in conjunct ion with the other information immediately available to employees under the Hazard Commun ication Program , will provide employees with the specific information regarding the physical and heal t h hazards of the haza rdous chemical. The labeling system adopted by Eagle is not intended to be the sole or the most complete source of information regarding the nature or identity of the hazardous chemicals within the work place. The identity of the chemica l, as it is shown on the label , could be any term the Company wishes to use , as long as it also appears on the MSDS for that chemical , along with its precise chemical name . In doing this , it allows the Company to use a common term familiar to the employees of this particular Company , while still providing them with more extensive information including specific chemical identities on the MSDS . This is not true of shipped containers of hazardous chemicals . The Administrator and the individual in charge of the shipping department are responsible for ensu ring that conta iners of ha zardous chemicals that are shipped from the work place are marked with the identity of the chemical , the appropriate health hazard warning , and the name and address of the chemical manufacture r, importe r, or other responsible party . This label must not conflict with the requi rements of the Hazardous Materials Transportation Act (49 U.S .C . 1801 et seq .) and regulations issued under that Act by the Department of Transportation . If the hazardous chemical is regulated by OSHA in a substance-specific health standard , then Eagle shall ensure that the labels or other forms of warning used are in accordance w ith the requirements of that Standard. Eagle will ensure that its personnel will not remove or deface existing labels on incoming containers of hazardous chemicals , unless the container is immediately marked with the required information. There is no need to affix new labels to these containers if existing labels already convey the required information . Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.13 Eagle will ensure that labels or other forms of warning are legible , in English , and prominently displayed on the container , or readily available in the work area throughout each work shift . For those locations having employees who speak other languages , they may add the information in other languages to the material presen ted , as long as the information is presented in English , as well. Eagle is not required to label small portable containers into which hazardous chemicals are transferred from labeled containers , as long as these portable containers are intended only for the immediate use of the employee who performs the transfer. For purposes of this section , drugs which are dispensed by a pharmacy to a health ca re provider for direct administration to a patient are exempted from labeling. 10.2 Hazardous Materials Identification System (HMIS) Procedure 7 .2 The HMIS is a comprehensive color coded labeling system covering both hazard assessment and hazard communication. Hazard assessment involves the collection and evaluation of MSDSs and the development of numerical ratings for the acute health , flammability and reactivity hazards of the chemical , the des ignation of chronic health hazards , and the assignment of a personal protective equipment index. The hazard communication portion of the HMIS program communicates information on the chemical 's identity , its degree of acute health , flammabil ity , and reactivity hazards , its chronic health hazards , and the proper personal protective equipment that must be used when exposed to the hazardous chemical. The chemical 's identity is conveyed by a chemical , trade or brand name , by a chemica l code number, or by some other descriptive term which clearly identifies the chemical to the work force and for hazard evaluation purposes. The acute health , flammability and reactivity hazards are communicated by numerical ratings , and the chronic health hazard is communicated by an asterisk on the label which is tied to descriptive information on the MSDS. An alphabetical designation is used to denote a single item , or a combination of items , of personnel protective equipment appropriate for use when exposed to the hazardous chem ical. The HMIS label utilizes a four- color rectangle or square, which is affixed to the chemical container , conveyance , or piping system , etc . 10.2.1 Work Place Labels LABELS USED ON CON TAINERS OF HAZARDOUS CHEMICALS WHICH DO NOT LEAVE THE WORK PLACE. Hazard Communication Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.2.14 10.2.2 The use of the standard HMIS label , as identified below, may be used on all containers which remain within the work place. The standard label is described as follows: White space -Chemical name Blue space -Health hazard Red space -Flammability hazard Yellow space -Reactivity hazard White space -Personal Protective Equipment Shipping Labels LABELS USED ON CONTAINERS OF HAZARDOUS CHEMICALS, WHICH ARE SHIPPED OUT OF THE WORK PLACE. In the case of shipped containers of hazardous chemicals, the label must also include the target organ effects of the hazardous chemical. In addition to the information contained in the standard HMIS label , the shipping HMIS label must also contain the following information: Health hazards, Immediate and Delayed Target Organ Effects , Routes of Entry, Physical Hazards , Name and Address of chemical manufacturer, importer, or other responsible party . 10.3 Completing the HMIS Label Procedure 7.2 The Administrator, or his designate, is responsible for ensuring that the proper hazard assessment and protective equipment ratings appear on all HMIS labels used for identifying hazardous chemicals in the work place. The Administrator should be assisted by work area supervisors in ensuring that all such containers in the work place are properly labeled, stenciled or tagged . The appropriate information concerning the chemical should be written directly onto the HMIS label with an indelible felt-tip marking or writing pen. Stockroom or warehouse receiving supervisors are responsible for ensuring that all containers of hazardous chemicals received at the dock or coming into an Eagle facility are free from damage and/or leaks prior to their acceptance . They are also responsible for ensuring that all such chemicals received are properly identified and that the appropriate HMIS label is displayed on or affixed to the container before it is removed from the receiving area for either storage or delivery to the work area. The designated supervisor is responsible for determining the hazard assessment of all chemicals in the work place. Whenever an updated MSDS is received , it is his responsibility to see that the appropriate MSDS in each Master and Field MSDS Binder is replaced with the updated MSDS, Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.15 and if a change in the acute health , flammability or reactivity hazard , or the personal protective equipment appropriate for exposure to the hazard , is indicated by the updated MSDS , that existing labels on all such chemicals are replaced to reflect the updated hazard evaluation and communication information. Eagle does not have a written altern ative to the HMIS labeling system and the procedures described herein . 11.0 CONTRACTOR NOTIFICATION In accordance with the OSHA Standard , all cont ract ual agreements with on-site contractors will contain a notification advising the contractor of Eagle's Hazard Communication Program and requiring the cont ractor to ma ke himself, and those of his employees that will be working at one of Eag le's facilities or work sites , to become familiar with the provisions of the Eagle Hazard Communication Program . In the event the contractor will be performing his work in an area where Eagle is working with or storing hazardous chemicals, the contractor must be given a verbal orientation on the Eagle program by the designated supervisor and the location of the nearest Field MSDS Binder , including a copy of Eagle's Hazard Communication Program and the Hazardous Chemical Inve ntory for that area . In addition , each member of the contractor's work party must be given a copy of the Hazard Commun ication brochure and one of t he wallet size HMIS card which they will be requi red to carry with them while in the work area . 11.1 Multi-employer Workplaces In the event that Eagle would produce , use , or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example , employees of another construction contractor who is also working on-site) then Eagle shall ensure that a copy of this Hazard Communication Program is available to these other employers . To ensure this , Eagle w ill do the following : a. Eagle w ill prov ide the other employer(s) on -site access to material safety data sheets for each hazardous chem ica l the other employer(s)' employees may be exposed to while working ; b. Eagle will inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace 's normal operating conditions and in foreseeable emergencies; and c . Eag le will inform the other employer(s) of the labeling system used in the workplace . 12.0 EMPLOYEE INFORMATION AND TRAINING (Routine Tasks) Each Eagle employee will be informed of the requiremen ts of OSHA's Hazard Communications Standard , of any operations in their work area where hazardous chemicals are present , and the location and availability of Eagle 's written Hazard Communication Program, including the required list (s) of haza rdous chemicals , and their respective material safety data sheets. Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.16 In order to ensure this , Eagle has established an initial orientation and on-the-job training program for each employee who may come into contact with , or be exposed to , a hazardous chemical in the work place. Eagle believes that color coded warning labels , Material Safety Data Sheets , Hazardous Chemical Inventories , and a specific orientation and training program , all play an equally important part in their Haza rd Communication Program. Each Eagle employee , who is affected by the OSHA Hazard Communication Standard , must be informed of the provisions of the Standard . This will include an explanation of the requirements of the Standard , Eagle 's written Haza rd Communication Program , how to use the Material Safety Data Sheet , the Hazardous Chemical Inventory , and the color coded label system . Training will be provided at the time of initial assignment and whenever a new hazardous chemical is introduced into the work area . Employees will be informed of operations in the work area where hazardous chemicals are present , and where they can find the Company's written Hazard Communication Program , the Hazardous Chemical Inventory , the hazard determination procedure , and the MSDSs. Eagle Corporate Safety Office will be responsible for the training of all Administrators who will in turn have the responsibility for training all supervisory personnel. The supervisor will then have pri mary responsibility for employee training. 12.1 Initial Orientation and Training Procedure 7.2 New or transferred employees will be assumed to have little or no prior knowledge of the extent of the hazards associated with chemicals . Prior to initiation of work , the supervisor must give t he new employee a thorough description of the work area , use and maintenance of personal protective devices , a complete description of the initial work assignment , and the methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring , conducted by the employer, continuous monitoring devices , visual appearance or odor of hazardous chemicals when being released , etc.). The employee will receive training in the physical and health hazards of the chemicals in the wo rk area and the measures employees can take to protect themselves from these hazards , including specific procedures Eagle has implemented to protect its employees from exposure to hazardous chemicals , such as appropriate work practices , emergency procedures , and personal protective equ ipment to be used. The training will also include details of the Haza rd Communication Program developed by Eagle , including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information . The format of the hazard communication port ion of the initial orientation and training includes the supervisors' classroom type instruction on the employees right-to-know , how to use a Material Safety Data Sheet , and where to find the Field MSDS Binder which has copies of the MSDSs , the Company's Hazard Communication Program , the OSHA Standard , and the Hazardous Chemical Inventory. A printed handout will be used to provide Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.17 instruction on the OSHA Hazard Communication Standard. A second printed handout, including posters , placards, wallet cards , and signs will be used to provide instruction on the color coded HMIS labeling system. 12.2 On-The-Job Training For those employees who will be working directly with a hazardous chemical, the functional supervisor in the area in which the work will take place will be responsible for specific on-the-job training in regard to these chemicals. The supervisor will instruct these employees on the methods and observations that may be used to detect the presence or release of the hazardous chemical, including air sampling , personal monitoring , visual appearance, odor, etc., the physical and health hazard of the chemical , and the specific measures the employee can take to protect himself from these hazards . During this on-the-job training and working directly with a hazardous chemical , it should be planned to have the new employee work closely with a mo re experienced co-worker until such time as it is determined the new employee can work independently. 12.3 Non-Routine Tasks All management personnel are responsible for contacting the Administrator before any non-routine task is undertaken in their respective department or anywhere else in the work place where personnel may have the potential for exposure to a hazardous chemical. This also applies to non-routine maintenance tasks . This is necessary to allow for a hazard assessment to be made and to communicate these hazards to the affected employees before the non-routine tasks are performed and personnel are subjected to exposure . The administrator should also notify the appropriate Regional Safety Manager before beginning any non-routine tasks. 12.4 Training Forms Procedure 7.2 In order to properly document the Hazard Communication Training provided to our employees, the following training forms must be completed and filed in their respective locations as indicated : • HMIS Employee Quiz -The employee must be required to complete this quiz to insure his/her understand ing of the HMIS Labeling System in use by Eagle . A copy of the completed quiz should be placed in the employee 's personnel file for thirty (30) year retention . • Employee's Evaluation of Hazcom Training -The employee must be required to complete this form in an effort to ensu re his/her understanding of the Hazard Communication training he/she has rece ived . A copy of the completed evaluation should be placed in the employee 's personnel file for thirty (30) year retention . • Hazard Communication Training Log -The Hazard Communication Training Log must be signed by each employee receiving Hazard Communication training, attesting to training and the date(s) which it was conducted . A copy of this training log should be placed in the permanent job file for thirty (30) year retention after the completion of the project. Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.18 • Hazcom Training Identification List -The Hazcom Training Identification List must be completed during the course of each project to identify those groups or individual workers who may be exposed to a hazardous chemical and whether or not they received Hazcom training . At the completion of the project , this list should become a part of the permanent job file for thirty (30) year retention . 13.0 UNLABELED PIPES 13.1 Eagle Owned or Operated Facilities The Administrator is responsible for ensuring that all piping systems within the work places of Eagle owned or operated facilities are identified as to their contents, and recording their location, contents and hazards should they contain hazardous chemicals. This information must be entered on an inventory sheet and become a part of the Master and Field MSDS Binders. Following this inventory, all unlabeled pipes which contain hazardous chemicals must be labeled with the appropriately marked HMIS label at intervals of no more than fifteen (15) feet, so as to communicate the necessary hazard warning information to all employees and contractors working in the area where such pipes are located. 13.2 Eagle Jobsites The problem of unlabeled pipes on a jobsite presents a specific problem on renovation or demolition projects. In the event any unlabeled pipes are discovered, all work in the immediate vicinity of the pipes must be halted until such time as a determination can be made to identify the contents of the pipes. If such an assessment determines that chemicals constituting a hazard are present , the necessary hazard information must be communicated to all affected workers prior to such work being allowed to continue . Whenever hazardous chemicals are identified with respect to either unlabeled pipes or non-routine tasks, the location of such potential hazards will be added to all appropriate chemical inventories by the designated supervisor and/or the Administrator. 14.0 DOCUMENTATION AND FORMS The passage of the OSHA Hazard Communication Standard has mandated that the employer provide worker training in the area of hazardous chemicals. It has been found that it is not adequate to just provide this training, but it is necessary to have sufficient written documentation that the employee has received and understood the training. This problem is especially sensitive with unskilled and with non-English speaking workers . Even though all handouts will be printed in both English and Spanish, for those workers who do not speak English , the supervisor must use an interpreter and provide special attention during training to assure that safe work habits are developed .It will, therefore, be necessary to have the employee complete both the Employee's Evaluation of the Hazcom Training and the HMIS Quiz and to have the employee sign the Hazard Communications Training Log, thus attesting to the fact that he/she has received hazard communication training, hase been furnished hazard communication material, has Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.19 studied the material , and comprehends the information contained in the material. The forms accompanying this program must be used . Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.20 EMPLOYEE'S EVALUATION OF HAZCOM TRAINING Employee Name: ______________ Soc . Sec. No.: _____ _ Date: Job No.: Supervisor: ---------------------- HAZARD COMMUNICATION TRAINING 1. List the toxic substances you use in your work: ___________ _ 2. Were these substances covered in your Hazcom Training: YES NO If No, list those substances that were not covered: ----------- 3. Did this Training adequately explain the protective clothing and equipment needed to safely handle the toxic substances you are required to work with? YES NO If not, which substances were omitted? -------- 4. Have you been issued this protective clothing and equipment? _YES _NO 5. Do you understand how to use of this clothing and equipment? _YES _NO 6 . Did your Hazcom Training answer all the questions you have concerning working safely with hazardous materials? _YES_NO If not, what other questions do you have: ___________________ _ 7 . Use the back of this page to offer any additional comments on your Hazcom Training . 8. During my Hazcom Training, I have received instructions on the following: a. The location of the Field MSDS Binder(s) on this project b. Eagle's written Hazard Communication Program c. OSHA's Hazard Communication Standard d . How to read and use a Material Safety Data Sheet (MSDS) e . How to read and understand the Eagle labeling system f. The location of emergency medical supplies and safety equipment Employee signature: Date: ______ _ HAZARDOUS CHEMICAL INVENTORY Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.21 SPECIFIC TO THIS JOBSITE Project Name: ____ _ Job No.: ---- LIST OF HAZARDOUS CHEMICALS AND INDEX OF MSDSs Hazardous Chemicals Procedure 7.2 Hazard Communication Program Eagle Remediation Services , Inc. Corporate Safety Manual Location Where Being Used / Stored MSDS on File 7.2.22 HMIS LABEL TRAINING QUIZ This quiz will serve as a record of your Hazcom Training in Eagle's use of the HMIS Labeling System to identify hazardous chemicals , and as such , will be placed in your permanent employment file. Employee name : ____________ Soc. Sec. No.: ______ _ Date: _____ Job No.: _______ Supervisor: _________ _ HMIS TRAINING QUIZ 1 . 2 . 3. 4. 5. What do the initials HMIS stand for? ---------------- What three types of hazards are rated by the HMIS label? What do the letters in the bottom section of the HM IS label represent? What action must you take if you see the letter "X " in the bottom section of the label? -------------------------- What type of hazard is represented by each of these colors on the HMIS label? Yellow: Blue: Red: 6 . Write the correct number next to the degree of hazard which it represents : ________ slight hazard severe hazard -------- moderate hazard -------- serious hazard -------- minimal hazard -------- 7. What is the difference between a chronic health hazard and an acute health hazard? 8. If you have any questions concerning the HMIS label or the Hazcom Training in general, what should you do about it? --------------- Employee signature: ______________ Date: ______ _ Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.2.23 EMPLOYEE REQUEST FOR MATERIAL SAFETY DATA SHEET (MSDS) (A separate request form must be used for each MSDS requested) Employee Name: ________________ Date: _____ _ Employee Representative : _____________________ _ Title: ----------------------------- Job No.: Date of Job: Supervisor: -------------------- Employee job assignment: _____________________ _ I am requesting a copy of the current Material Safety Data Sheet (MSDS) for the following chemical or substance: My reason for requesting this MSDS is : ________________ _ Employee signature : ______________ Date: _______ _ EMPLOYEE NOTIFICATION 1. A copy of the MSDS you have requested is attached. Please sign and return. I have received a copy of the MSDS which I requested. Employee signature: Date : ---------------------- 2. We are sorry for the delay , but a current copy of the MSDS you requested is not available at this time. We are making every effort to obtain a current copy from the supplier. As soon as it is available, a copy will be sent to you . Supervisor signature: Date : ---------------------- Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.24 HAZARD COMMUNICATION TRAINING LOG Branch : ------------------ Job Name: ------Job No: ____ Supervisor: _______ _ Employee Name Soc. Sec. No . Date of Training Employee Signature HAZARD COMMUNICATION TRAINING IDENTIFIER Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.2.25 Chemical Name or Family Procedure 7.2 Hazard Communication Program Eagle Remediation Services, Inc. Corporate Safety Manual Employees Exposed Groups or Duties 7.2 .26 Training Required Yes No CORPORATE SAFETY MANUAL Procedure No. Date: 7.3 2/21/2008 Eagle Remediation Seroices, Inc. HEARING CONSERVATION PROGRAM Rev ision : 1 Total pages : 14 1.0 PURPOSE To provide OSHA requirements given under 29 CFR Part 1910 .95 Occupational Noise Exposure , including all applicable amendments . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY Each applicable Eagle Branch shall administer a continuing effective Hearing Conservation Program , as prescribed in 29 CFR Part 1910.95 Occupational Noise Exposure , whenever employee noise exposures equal or exceed an 8 hour time- weighted average (TWA) sound level of 85 decibels (dB) measured on the A-scale slow response or , equivalently , a noise dose of fifty percent. 4.0 PROGRAM ELEMENTS The following elements provide the requirements for complying with Eagle's policy on Hearing Conservation for its employees . 5.0 EXPOSURE MONITORING 5.1 Monitoring Procedure 7.3 Sound level meters wi ll be used to make an initial determination concerning the need for additional monitoring. When reasonable information indicates that any employee 's exposure may equal or exceed an 8 hour time- weighted average of 85dBA , we will obtain individual or representative exposure measurements for all employees who may be exposed at or above the level by use of individual noise dosimeters . For purposes of the Hearing Conservation Program , employee noise exposures shall be computed without regard to any attenuation provided by the use of personal protective equipment. Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.1 5.2 Observation During monitoring operations, we shall provide affected employees or their representatives with an opportunity to observe all measurements of employee noise exposure which are conducted pursuant to this Standard . 5.3 Method Of Noise Measurement Noise dosimeters which comply , at a m inimum , with the provisions of this Standard , or sound level meters which comply, at a minimum, with the provisions of this Standard, shall be used whenever employee exposures are evaluated for the purpose of complying with 29 CFR Part 1910.95 Occupational Noise Exposure. (a) Dosimeters: Dosimeters shall meet the Class 2A-90/85-5 requirements of the American National Standard Specification for Personal Noise Dosimeters, S1 .25-1978 . (b) Sound level meters: Sound level meters shall meet the Type 2 requirements of the American National Standard Specification for Sound Level Meters , S1 .4=1971 (R1976). All continuous , intermittent, and impulsive sound levels , which have been measured in accordance with this section , shall be integrated into the exposure computation (80 dB to 130dB). 5.4 Calibration To ensure the calibration of all monitoring equipment , all dosimeters and sound level meters used to monitor employee noise exposure shall be calibrated before and after each day's use . Calibration will be conducted in accordance with prescribed procedures. 5.5 Effective Date Procedure 7.3 Initial monitoring conducted in accordance with the prov1s1ons of this Standard will be completed immediately upon receipt of this Standard. Monitoring will be conducted in any area where machines , processes , or work practices are changed, regardless of when this occurs . A periodic monitoring will be conducted with the use of sound level meters to determine the feasibility of additional exposure monitoring. Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.2 6.0 AUDIOMETRIC TESTING 6.1 Policy Each applicable Eagle Branch shall establish and maintain a mandatory audiometric testing program, as provided for in 29 CFR Part 1910.95 , for all employees whose exposures equal or exceed an 8 hour-time-weighted average of 85 dBA. 6.2 Cost This program shall be provided at no cost to the employee . 6.3 Reliability Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist , or other qualified physician, or by a technician, who is certified by the Council of Accreditation in Occupational Hearing Conservation or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms, and properly using, maintaining and calibrating audiometers . A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist, or other qualified physician. 6.4 Requirements All audiograms obtained pursuant to this OSHA Standard , shall meet all of the requirements of the Standard , as well as each of the appendices applicable to audiometric testing. 6.5 Testing Procedure 7.3 When audiometric testing is required, it must be offered to the employee at a time and location, which are convenient to the employee. The employee must also be informed as to the purpose of the audiometric testing and given an explanation of the test procedures and the effects of noise on hearing. (a) Baseline Audiogram: Prior to or within 180 days after an employee's first exposure to noise at or above a time- weighted average of 85 dBA. Eagle will establish for each employee so exposed , a valid baseline audiogram against which subsequent audiograms can be compared. Testing to establish a baseline audiogram shall be preceded by at least 14 hours without exposure to work place noise . NOTE: This may be accomplished by use of adequate hearing protectors ; however, the employee should be well supervised and told of the need to avoid high levels of non- occupational noise exposure during this 14 hour period. Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.3 Procedure 7.3 (b) Annual Audiogram: At least annually after obtaining the baseline audiogram, a new audiogram shall be obtained for each employee exposed at or above a time-weighted average of 85dBA. (c) Evaluation of Audiogram: Each employee's annual audiogram shall be compared to that employee's baseline audiogram to determine if the audiogram is valid and if a significant threshold shift (STS) has occurred. An audiologist, otolaryngologist, or other qualified physician shall review those audiograms , which indicate a significant threshold shift, to determine whether there is need for further evaluation. In order for the person performing the evaluation to make a successful determination, it will be necessary for Eagle to ensure that they have the following information within their possession: (1) A copy of the Standard, 29 CFR Part 1910.95 Occupational Noise Exposure; (2) The baseline audiogram and most recent audiogram of the employee being evaluated; (3) Measurements of background sound pressure levels in the audiometric test room used to obtain the audiograms; and (4) Records of the audiometer's calibrations, as required by the Standard. (d) Follow-up Procedure: If a comparison of the annual audiogram to the baseline audiogram indicates a significant threshold shift, we shall ensure that the following steps are taken: (1) (2) (3) Employees not using hearing protectors shall be refitted and retrained in the use of hearing protectors, and if necessary, provided with new protectors having greater attenuation; Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors, and if necessary, provided with new protectors having greater attenuation ; Inform the employee , in writing, within 21 calendar days of the determination , of the existence of a Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.4 significant threshold shift ; (4) Refer the employee , at no cost to the employee , for a clinical audiological evaluation or an otological examination , as appropriate . If additional testing is necessary or if we , the employer , suspect that a medical pathology of the ear, as defined in the Standard , is caused or aggravated by the wearing of hearing protectors ; and (5) Inform the employee of the need for an otological examination , if a medical pathology of the ear is suspected to be totally unrelated to the use of hearing protectors . Note: In cases where the professional determines that the audiometric test results are consistent with a medical problem that is not related to wearing hearing protectors , such as respiratory infection , Eagle is not responsible for the cost of a medical referral. However, in such cases the employee must be told about the problem and advised to see a phys ician . (e) Refusal of Examination and Treatment: When an employee elects not to participate in the audiometric testing program , he/she can be allowed to work in an area where noise exposures exceed a time-weighted average of 85dB and not participate in the program , or participation in the program can be made a condit ion of employment. However, even if the employee elects not to participate , Eagle will remain in compliance with the total program and all of the testing must still be offered to the employee . When an employee refuses the follow-up examination or treatment , he or she does so at their own risk and Eagle has carried out its responsibility , if it has complied with all aspects of the Standard and has advised the employee of the necessity for examination or treatment even though the employee refuses. 6.6 Environment Audiometric examinations shall be administered in a room which meets all of the requirements , as set forth in 29 CFR Part 1910.95 . Procedure 7 .3 Hearing Conservation Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.3.5 6.7 Equipment Audiometric tests shall be conducted with equipment that meets the specifications of, and is maintained and used in accordance with , American National Standard Specification for Audiometers . Audiometric tests shall be pure tone, air conduction , hearing threshold examinations , with test frequencies including at a minimum 500, 1000, 2000 , 3000 , 4 ,000 , and 6000 Hz . Tests at each frequency shall be taken separately for each ear. Pulse-tone and self-recording audiometers, if used , shall meet the requirements specified in the Standard . 6.8 Calibration The functional operation of the audiometer shall be checked before each day's use by testing a person with known , stable hearing thresholds , and by listening to the audiometer's output to make sure that the output is free from distorted or unwanted sounds. Deviations of 1 OdB or greater shall require acoustic calibration . Audiometer calibration shall be checked acoustically at least annually in accordance with the requirements of this Standard. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this check . Deviations of 16 dB or greater necessitate an exhaustive calibration . An exhaustive calibration shall be performed at least every two years in accordance with the appropriate requirements of this Standard and those applicable sections of the American National Standard Specification for Audiometers. Test frequencies below 500 Hz and above 6000 Hz may be omitted from the calibration. Note: The use of an outside contractor to perform the required test does not relieve Eagle from the responsibility of checking the contractor's records to verify that the above calibration requirements are being complied with . 6.9 Effective Date Procedure 7.3 Baseline audiograms required by 29 CFR Part 1910 .95 must be completed by March 4 , 1984 . When a "grandfathered" audiogram, one obtained before the March 4, 1984 effective date of the amendment to the Standard , is used as a baseline, the annual audiogram must be performed by March 4, 1985. For those Eagle employers obtaining new baseline , the annual audiograms must be completed within one year of the baseline date . Baseline audiograms must be completed for new employees no later than one year from the date of the employees' first exposure to noise levels at or Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.6 above an 8 hour-time -weighted average of 85 dBA. 7 .0 NOISE REDUCTION Procedure 7.3 When employees are subjected or exposed to sounds exceeding permissible noise levels, then feasible administrative or engineering controls shall be utilized. 7 .1 Administrative Controls Administrative controls simply mean reducing the amount of time an employee is subjected or exposed to excessive noise. This can be done by several methods, one of which is dividing noisy jobs up among two or more employees , with each spending only a permissible amount of time exposed to the excessive noise. Another alternative is to perform high level noise operations at night so fewer employees may be exposed. 7.2 Engineering Controls Engineering controls, which are realistically at the heart of the matter, are usually more complex to deal with. The Standard requires that our first approach to a noise problem must be to reduce the sound at its source through engineering designs and equipment innovations . Among the possible steps to accomplish this, are several recommended by OSHA which should be given careful consideration : (a) Make sure machines are in good repair , properly oiled , with all worn or unbalanced parts replaced; (b) Mounting machines on rubber or plastic to reduce vibration and noise; (c) Putting silencers or mufflers on noisy components; (d) When feasible, substituting a quiet process for a noisy one; (e) (f) Confining the sound of a machine within an acoustical enclosure; and Isolating the operator in an acoustical booth . Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.7 8.0 HEARING PROTECTORS While engineering controls are be ing developed to reduce excessive noise, employees must , in the meantime , have and use pe rsonal protective equipment. 8.1 Requirements For Wearing Adequate hearing protectors must be made available , at no cost , to all employees exposed to a time-weighted average of 85 dB or greater. All employees who are exposed to a time-weighted average of 85 dB or greater and who have experienced a significant threshold shift , must wear adequate hearing protectors. Hearing protectors must attenuate employee exposure at least to a time- we ighted average of 90 dB , as required by this Standard . For employees who have experienced a significant threshold shift , the hearing protectors must attenuate employee exposure to a time -weighted average of 85 dB or below. The following is a table of suggested TWA ranges for Hearing Conservation Program (HCP) policy implementation : TWA, Workers HPD HPD OBA Included in Utilization Selection The HCP Options < 85 No Vol untary Free cho ice 85-89 Yes Optional Free choice 90-94 Yes Required Free choice 95-99 Yes Required Limited choice > 100 Yes Required Very limited choice 8.2 Availability and Selection Procedure 7.3 Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by Eagle . This does not mean Eagle will provide an unlimited number of protectors to choose from , but does mean it will make an effort to provide employees with more than one type of device , more than one size device , and preferable three or more devices to choose from . Hearing Conservation Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.3 .8 While insert-type hearing protectors are generally most common around construction projects , Eagle will discourage the use of those insert protectors that are connected to each other by a cord which allows them to be hung around the neck or tied to a hard hat. Although this type of protector is considered to be re-useable , the conditions under which these protectors are used is far from favorable and the tendency is to use them even if they become dirty. If insert type protectors are used , it is suggested that only one-time use throw away type protectors are issued and that large quantities of these protectors be made available throughout the project. Once characteristics of the noise environme nt , such as temperature , humidity , and presence of dust , grease , or metal particles , have been determined , and the majority of the employees within that environment have settled on the types and sizes of protectors that will be worn , there may no longer be a need to keep such a varied selection always available. It should be noted, however, that each of the hearing protectors which are made available for the employees ' selection , must have an appropriate Noise Reduction Rating (NRR) to reduce the noise level to which the employee is exposed , to a permissible level. 8.3 Fitting and Training Each Eagle Branch shall ensure that all employees who are required to wear hearing protectors receive proper in itial fitting and adequate supervision in the correct use of the hearing protector in accordance with the manufacturer's instructions. Special emphasis will be made during training to ensure that employees are aware of the potential for ear infection from the insert ion of dirty hearing protectors . Employees must be made aware that these protectors are disposable and that the Company urges them to discard them if they become even the least bit dirty . Large quantities of these protectors will always be available and the Company encourages their frequent use . 8.4 Care and Maintenance Procedure 7.3 Improper care of the hearing protector will reduce its effectiveness in attenuating noise. The manufacturer's instructions for the care and maintenance of the protector must be adequately explained to the employee and sufficient supervision provided to ensure the employee's compliance with these instructions. Note: While it is Eagle's responsibility to replace hearing protectors as necessary , t his does not mean it will have to pay for an unlimited supply of protectors or continue to replace protectors that have been lost due to employee negl igence. It is up to each Eagle employer to formulate its own reasonable policies , as to how many free replacement protectors to supply. Although worn out protectors must be replaced by Eagle, it does not have to bear the expense in cases Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.9 where employees have been irresponsible. 8.5 Attenuation It is the responsibility of both Eagle and its employees to evaluate hearing protector attenuation for the specific noise environments in which the protector will be used. Any of the methods listed in Appendix G of the Standard may be used for this purpose. 8.6 Noise Reduction Rating (NRR) Procedure 7.3 Although the easiest method involves the use of the Noise Reduction Rating (NRR), which is listed by the manufacturer and printed on the hearing protector package , it should be noted that the NRR values may be unrealistically high and extra care should be exercised in the fitting and supervision of use of the hearing protector , when the full amount of the NRR is needed . A hearing protector which has a higher NRR than another model hearing protector is likely to give the wearer more protection . For example , hearing protector A has an NRR of 25 while hearing protector B has an NRR of 21 . Hearing protector A will give most users 4 dB more protection than hearing protector B. However, NRRs are based upon idealistic rather than actual measurement. 8.6.1 Fifty Percent Lower Rating Hearing Protection Devices (HPD) have an attenuation value based on idealist ic laboratory measurement. The NRR is subtracted from the employee's noise exposure level to indicate the maximum exposure reduction obtained by using the HPD . In general , studies of HPDs in actual use show that even properly trained personnel can count on receiving only about fifty percent of the NRR value in attenuation . Eagle will use the conservative method of derating labeled NRRs by 50 percent in evaluating the protection of the HPDs. This derating factor is also used by OSHA to evaluate relative performance of HPDs compared to feasible engineering and/or administrative controls . Calculations using the NRR to estimate exposure and evaluate relative performance of the HPDs are provided in Appendix B of the Standard . Note: The adequacy of hearing protector attenuation shall be re- evaluated whenever employee no ise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation . If it becomes necessary , then we shall have to provide more effective hearing protectors. Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.10 8.7 Disciplinary Action If participation in the Hearing Conservation Program has been indicated as a condition of employment , or if acceptance of Eagle's Safety Program has been listed as a condition of the employee's employment , then not complying with the hearing conservation program is a violation of the employee's work agreement and appropriate disciplinary action should be taken and a written record of the action entered into the employee's file . 9.0 TRAINING AND EDUCATION A training program shall be instituted for all employees who are exposed to noise at or above a TWA of 85 dB , and employee participation shall be ensured in such training program . 9.1 Training and Materials Procedure 7.3 The training program shall be repeated annually for each employee included in the hearing conservation program . Information which is provided in the training program shall be updated to be consistent with changes in protective equipment and work processes . The training program shall , at a minimum , include the following : (a) The effects of noise on hearing ; (b) The purpose of hearing protectors, the advantages , disadvantages, and attenuation of various types , and instructions on selection , fitting , use, and care of the protectors ; (c) The purpose of audiometric testing and an explanation of the test procedures; and (d) The right of the employee to access his records , as stated in the Standard. Training shall also include the following: • that HPD utilization in required areas is strictly and consistently enforced ; • that comfort , practicality , and actual field attenuation , not the NRR , are the primary criteria for selecting which HPD will be utilized ; • that each employee shall be individually fitted with HPDs and trained in their proper use and care ; • that it is essential that all types of HPDs , including earmuffs and single-size earplugs are fitted to the individual ; • that HPDs must be replaced on a regular basis and that each individual will receive a minimum of two pairs of earplugs and one earmuff (if applicable); and • that each employee 's HPDs will be rechecked during the Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.11 audiometric evaluation for condition , fit , and correct placement. 9.2 Access To Information A copy of 29 CFR part 1910.95 occupational noise exposure , as well as a copy of Eagle's Hearing Conservation Program will be made available to any and all employees or their representatives who are affected by this Standard. In addition , a copy of the Standard and our program will be posted in the work place. Eagle will provide affected employees with any informational materials pertaining to this Standard that are supplied to us by the Occupational Safety and Health Administration, and upon request by the Occupational Safety and Health Administration, we will provide to them all materials relating to our training and education , as required by this Standard . 9.3 Warning Signs Appropriate warning signs shall be posted at entrances to, or on the periphery of all well defined work areas in which employees may be exposed at or above 90 dBA. Warning signs shall clearly indicate that the area is a high noise area and that hearing protectors shall be required. Whenever warning signs are posted indicating that hearing protection is needed, these signs should be construed to indicate a mandatory rather than advisory request for the wearing of hearing protection . 10.0 RECORDKEEPING Noise exposure measurement records and audiograms performed prior to the effective date of this Standard must be maintained , as a part of this Standard, while those records existing prior to July 19 , 1978 , are subject to the medical records access standard of 19 CFR Part 1910 .95 . Note: All records required by 29 CFR Part 1910.95 can be stored in a central location, as long as they are available and accessible when necessary. All noise-induced hearing losses must be reported on the OSHA 200 form. Any employees hearing loss equal to or greater than 20 dB at any test frequency and where that employee's time-weighted average noise exposure is 85 dB or greater, it must be reported on the OSHA 200 form. However, the hearing loss does not have to be reported on the form if the employee was referred to a physician and it was determined that the loss was not work related. Procedure 7.3 Hearing Conservation Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.3.12 10.1 Exposure Measurements All employee audiograms obtained pursuant to this Standard shall be retained . These records shall include , but not be limited to , the following : (a) The name and job classification of the employee ; (b) The date of the audiogram; (c) The examiner's name ; (d) The date of the last acoustic or exhaustive calibration of the audiometer; (e) The employee's most recent noise exposure assessment; and (f) Audiometric test rooms. 10.2 Audiometric Testing Rooms Accurate records shall be maintained of the measurements of the background sound pressure levels in the audiometric test rooms . 10.3 Retention Period All records requ ired in this Standard shall be retained . These records shall include, but not be limited to, the following : (a) Noise exposure measurement records shall be retained for two (2) years ; and (b) Audiometric test records shall be retained for the duration of the affected employee's employment. 10.4 Access Of Records All records required by this Standard shall be provided , upon request , to employees , former employees , representatives designated by the individual employee and the Occupational Safety and Health Administration. The provisions of 19 CFR Part 1910 .95 also apply to access to records under this Standard . 10.5 Transfer Of Records Procedure 7 .3 In the event that Eagle should cease to do business . We will transfer to the successor employer all records required to be maintained by this Standard, and the successor employer shall retain them for the remainder of the period prescribed by this Standard . Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.13 10.6 Fit-Testing Record HEARING PROTECTOR FITTING RECORD Employee Name : Date of Initial Fitting: Date Fitted Make/ Model Mo DAY YR HPD EVALUATION CRITERIA Is HPO adequate(TWA-NRR ± 90 dBA)? ') Is employee 's HPD the correct size? Is employee 's HPD in good condition? Can employee demonstrate proper Insertion or usage of the HPD? ADDITIONAL COMMENTS: Procedure 7.3 Hearing Conservation Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.3.14 Job Number: Employee TWA: NRR Size Right Left YES NO Fitted & Trained By COMMENTS CORPORATE SAFETY MANUAL Procedu re No. Date: 7.4 2/21/2008 Eagle Remediation Services, Inc. HEAT STRESS PROGRAM Rev ision : l Total pages : 11 1.0 PURPOSE There are a number of steps that can be taken , either alone or in combination with others, to reduce and contro l the hazards of heat stress in the workplace . These guidelines are designed to aid in that task . 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Occupational heat-related disorders and accidents must be prevented. Although OSHA does not have a specific standard on heat exposure at this time , a Heat Stress Program will be implemented whenever a heat stress environment exists. If preventive measures are not effective , worker monitoring and control measures will be implemented. 4.0 GENERAL Although no one questions that there is an association between heat stress and occupational accidents , it is d ifficult to predict just who will be affected and when . Two people can work at the same job , under the same conditions , and while one will be affected by the heat, the other will not. Age , weight , physical fitness , metabolism , alcohol or drug use, and medical condition are some of the determining factors affecting a person's sensitivity to heat and susceptibility to heat disorders . Even the type of clothing worn must be considered. In addition , the measurement of a hot environment involves mo re than just measuring the ambient air temperature : radiant heat, air movement, and relative humid ity are all factors that must be determined . Heat-induced occupational illnesses , injuries and reduced productivity occur in situations in which the total heat load exceeds the capacities of the body to maintain normal body functions without excessive strain . Many of the bodily responses to heat exposure are desirable and beneficial. However, at some level of heat stress , the worker's compensatory mechanisms w ill no longer be capable of maintaining body temperature at the level required for normal body functions. As a result , the risk of heat-induced illnesses , d isorders and accidents substantially increases . Procedure 7.4 Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.1 5.0 HEAT DISORDERS (Table 1) Heat stress causes body reactions , and as we have mentioned above, there are four environmental factors that affect the amount of stress a worker faces in a hot work area temperature , humidity , radiant heat (such as from a furnace or live steam pipes), and air movement. The body reacts to high external temperature by circulating blood to the skin which increases skin temperature and allows the body to give off its excess heat through the skin. However, if the muscles are being used for physical labor, less blood is available to flow to the skin and release the heat. Sweating is another means the body uses to maintain a stable internal body temperature in the face of excessive heat. However, sweating is effective only if the humidity level is low enough to permit evaporation and if the fluids and salts lost are adequately replaced. Of course there are many steps a person might choose to take to reduce the risk of heat stress , such as moving to a cooler place, reducing the work pace or load, or removing or loosening some clothing . But this is not always practicable or possible during the work situation. If the body cannot dispose of excess heat , it will store it. When this happens, the body's core temperature rises and the heart rate increases . As the body continues to store heat , the individual begins to lose concentration and has difficulty focusing on a task, he may become irritable or sick, and often loses the desire to drink. The next stage is most often fainting and then possible death if the person is not removed from the heat stress environment. The following heat disorders, listed here and in Table 1, can pose special hazards to a worker's safety and health . 5.1 Heat Stroke Heat stroke, the most serious health problem for workers in hot environments , is caused by the failure of the body's internal mechanism to regulate its core temperature . Sweating stops and the body can no longer rid itself of excess heat. Signs include: mental confusion, delirium , loss of consciousness, convulsions or coma; a body temperature of 106 degrees or higher ; and hot dry skin which may be red, mottled or bluish. Victims of heat stroke will die unless treated promptly and correctly. Even while medical help is being called, the affected worker must be removed immediately to a cool area and his/her clothing soaked with cool water. The worker should be fanned vigorously to increase cooling . Prompt first aid can prevent permanent injury to the brain and other vital organs . 5.2 Heat Exhaustion Procedure 7.4 Heat exhaustion develops as a result of loss of fluid through sweating when a worker has failed to drink enough fluids or take in enough salt or both . The worker with heat exhaustion still sweats , but experiences extreme weakness, giddiness , nausea or headache. The skin is clammy and moist, the complexion pale or flushed and the body temperature normal or slightly higher. Treatment is usually simple: the worker should rest in a cool place and drink liquids. Severe cases, involving workers who vomit or lose Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.2 consciousness, may require longer treatment under medical supervision. 5.3 Heat Cramps Heat cramps, which are painful spasms of the bone muscles, are caused when workers drink large quantities of water but fail to replace their bodies salt loss. Cool, electrolyte replenishing drinks are readily available and make excellent beverages to prevent heat cramps. These drinks should be available on all job sites and workers encouraged to consume them. 5.4 Heat Fatigue Heat fatigue or fainting may be a problem for the worker who is not acclimatized to a hot environment, even though that worker may do nothing but stand still in the heat. Victims usually recover quickly after a brief period of lying down and receiving something cool to drink. Moving around, rather than standing still, will usually reduce the possibility of fainting. 5.5 Heat Rash Heat rash, also known as prickly heat, may occur in hot and humid environments where sweat is not easily removed from the surface of the skin by evaporation. When extensive or complicated by infection , heat rash can be so uncomfortable that it inhibits sleep and impairs a worker's performance or even results in temporary total disability. It can be prevented by resting in a cool place and allowing the skin to dry. 5.6 Medical Conditions Aggravated By Exposure To Heat Workers who have heart or circulatory diseases, or those who are on "low salt" diets, pose a very severe problem for working in a high heat stress environment, and should consult with their family physicians prior to working in this type of environment. 6.0 A HEAT STRESS PROGRAM -WHEN TO IMPLEMENT The incidence of heat stress is the result of a variety of factors. The following guidelines contain some of the many factors which may require a heat stress program evaluation and/or program implementation: • Ambient temperature . • Humidity . • Type of work required -the metabolic heat generated during heavy, moderate or light work. • Required work clothing -the potential for heat stress increases as the impermeability of the work clothing increases . • Employee symptoms and/or complaints. • Employee conditioning and/or acclimatization . Whenever it has been determined that a heat stress environment exists, then heat stress preventive measures must be implemented. If the heat stress preventive measures are not successful, then worker monitoring will commence . Worker monitoring will reduce heat stress related injuries by adjusting the work/rest regimen to compensate for the hot environment. Procedure 7.4 Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.3 7.0 HEAT STRESS PREVENTIVE MEASURES Heat stress is the combination of environmental and physical work factors that constitute the total heat load imposed on the body . One of the best ways to reduce heat stress on workers is to minimize the amount of heat in the workplace. However, there are some work environments where heat production is difficult to control, such as steam lines that cannot be shut down , high temperature or humidity work sites , and radiant heat from the sun or a furnace. However, most heat related health problems can be prevented or the risk of developing them reduced. When unacceptable levels of heat stress occur, there are generally only six approaches to a solution: • modify the environment; • modify the clothing or equipment; • modify the work practices; • modify the worker by heat acclimatization; • modify production with a work/rest regimen; and • enhance the worker's knowledge of working in a hot environment. 7.1 Engineering Controls A variety of engineering controls, including ventilation and spot cooling by local exhaust ventilation at points of high heat production, may be helpful. Shielding may be required as protection from radiant heat sources. Evaporative cooling and mechanical refrigeration are other ways to reduce heat by engineering controls . The use of extra Air Filtration Devices (AFD) can be added to increase the turn over rate of interior air and heat. Take-off points at the top of the enclosure will also help in removing heat. Cooling fans can also reduce heat in hot conditions . Shutting down hot steam lines or eliminating steam leaks will also help , as will equipment modifications, such as the use of mechanical equipment to reduce manual labor. 7.2 Administrative Controls Procedure 7.4 There are many times when engineering and other controls are not practical, and administrative controls must be instituted for worker protection. One administrative control is limiting the work time by prescribing a stay time based on the work , environment, and clothing requirements. Stay times are generally selected to be conservative because they are (1) based on approximations of the heat stress and (2) designed to protect most workers . As a result, most workers can work beyond the stay time, and some workers can go much longer. Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.4 7.3 Auxiliary Body Cooling and Protective Clothing Auxiliary cooling systems can range from such simple approaches as an ice vest , pre -frozen and worn under the clothing , to more complex systems; however, cost of logistics and maintenance are considerations of varying magnitude in all of these systems. Four auxiliary cooling systems are presently available : (1) water-cooled garments , such as water-cooled vest , undergarments , hoods , etc., all of which require a circulating pump , liquid container , and battery ; (2) air-cooled garme nts , such as suits and hoods , generally require a vortex tube, connecting hose and a constant source of compressed air; (3) ice packet vests, which although frozen when put on , do not provide continuous and regulated cooling and require the use of backup frozen units every 2 to 3 hou rs ; and (4) wetted over-garments, wh ich can be as s imple as cotton terry cloth coveralls worn over the protective clothing and wetted down with water. The wetted overgarment works best when there is air blowing across the wet garment to increase evaporation. 7 .4 Work Practices Work practices , such as providing a period of acclimatization fo r new workers and those returning from two weeks of absence , can help reduce the risks of heat disorders. Making plenty of drinking water ava ilable at the workplace and urging workers to drink as much as possible both before going into containment and after leaving containment is another method used to reduce heat stress. In high heat stress environments, an employee can lose as much as one quart of liquid pe r hour. Wherever possible , some type of product that has been formulated to replace the electrolytes and match the weight of the body fluids lost by the sweating process should be used. This is necessary to enable the body to quickly absorb replacement minerals . Products of this type include Quickick , Sqwincher, and Gatorade . Training supervisors to recognize and be able to correctly treat heat stress disorders is absolutely essential. Prospective workers physical conditions should also be considered when determining their fitness for working in a hot environment. Older workers , obese workers, and those workers taking some type of medication are usually at a greater risk. 7.5 Acclimatization Procedure 7.4 Acclimatization to the heat through short exposures followed by longer periods of work in the hot environment can reduce heat stress. New employees and workers returning from an absen ce of two weeks or more should have a five day period of acclimatization. This period should begin with a less than normal workload and time exposure on the first day and gradually build up to normal workload and exposure on the fifth day. Heat Stress Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.4.5 7.6 Work/ Rest Regimen Alternating work and rest periods with longer rest periods in a cool area can help workers avoid heat strain . Supervisors must be trained to detect early signs of heat strain and should permit workers to interrupt their work if they are extremely uncomfortable . If the interior temperature of the enclosure cannot be reduced to a tolerable work level, it may be necessary to rotate workers. In addition to work and rest , in an extremely hot environment, a daily weigh-in/out program should be initiated to monitor the percent of lost body weight. 7.7 Employee Training Procedure 7.4 For both employees and supervisory pe rsonnel , heat stress training is the key to good work practices. If all employees do not understand the reasons for using appropriate work practices to prevent heat stress , the chances of this program succeeding are greatly reduced. A good heat stress training program for employees should cover at least the following components : • Knowledge of the hazards of heat stress . • Recognition of predisposed factors , danger signs , and symptoms . • Awareness of first-aid procedures for and potential health effects of heat stress . • Employee responsibilities in avoiding heat stress. Dangers of the use of drugs , including therapeutic ones , and alcohol in a hot work environment. • Proper use of protective clothing and equipment. • Purpose and coverage of environmental and medical surveillance programs and the advantages of worker participation in such a program. • The importance of maintaining body fluids at normal levels . • The benefits and factors of acclimatization. • The components of the Heat Stress Program . Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.6 8.0 TECHNICAL ASSISTANCE -CORPORA TE SAFETY From time to time , it may be necessary for Eagle Corporate to accept work which will require the employment of personnel in extremely hot environments , having a tremendous potential for heat stress and heat disorders . When faced with this type of situation , notification of the Corporate Safety Office must be considered mandatory. In addition, Corporate Safety has compiled sufficient technical information to assist divisions having projects of this type. The technical information includes such material as : • recommended Permissible Exposure Li mits and Threshold Limit Values for heat stress ; • worker monitoring , including weight loss and heart rate monitoring ; • methods of obtaining temperature measurements ; and • specific tables for the measurement of various aspects of a heat stress program. Do not hesitate to notify the Corporate Safety Office when it is believed that heat stress will present a strategic factor at the work place . 9.0 PERMISSIBLE HEAT EXPOSURE THRESHOLD LIMITS VALUES (Table 2) Threshold Limit Values (TLV) for heat stress conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect, have been established. The TLVs shown in Table 2 are based on the assumption that nearly all acclimatized, fully clothed workers with adequate water and salt intake should be able to function effectively in heat stress conditions below these TLVs without increases in deep body temperature to levels above 100.4° Fahrenheit. However, because of the wide variation in individual susceptibility , exposure of an occasional individual at , or even below, the threshold limit may not prevent annoyance or aggravation of a preexisting condition or even physiological damage . The Threshold Limit Values in Table 2 are the time-weighted average (TWA) exposure for a normal 8 hour workday and a normal 40 hour work week , to which nearly all workers may be repeatedly exposed without adverse effect. Although there are built-in safety factors to guard against adverse effects to moderate deviations from normal environments and work loads , the safety factors are not of such magnitude as to take care of gross deviations. For example , continuous work at temperatures above 86° Fahrenheit, or overtime extending the work week more than 25%, might be considered gross deviations . In such instances, judgment must be exercised in the proper adjustments of the Threshold Limit Values. Higher heat exposures than shown in Table 2 may be permissible when the work involved is an asbestos abatement project. This is due to the fact that each of these workers are in an undergoing Medical Surveillance Program, they have been properly acclimatized, and due to the type of work involved, it has been established that these workers quickly become more tolerant to working in a hot environment than the average worker . However, workers should not be permitted to continue their work , when their deep body temperature exceeds 100.4° Fahrenheit. Procedure 7.4 Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.7 10.0 WORKER MONITORING 10.1 Weight Loss Monitoring Measure the employee's weight on an accurate scale at the beginning and end of each work day to determine if adequate fluids are being taken to prevent dehydration. The body water loss should not exceed one and a half percent total body weight loss in a single day . Anything above this , should be considered excessive and may require the employee's removal from the hot environment until lost fluids are replaced and the worker's body weight is again within acceptable limits. Overnight rest and proper diet are generally sufficient to bring body weight back to normal. Note: If the daily starting weight one day is less than the starting weight of the previous day: a) A re-weigh should be made to verify scale accuracy; and b) Worker should be moved to a less heat intensive job until weight stabilizes . 10.2 Frequency of Heart Rate Monitoring (Table 3) Procedure 7.4 Workers wearing normal work clothing should be monitored whenever the dry bulb temperature exceeds 70 ° F and workers wearing impermeable protective work clothing should be monitored whenever the dry bulb temperature exceeds 60 ° F. To determine the workers heart rate , count the workers radial pulse for 15 seconds and then multiply the number by four . The frequency of the heart rate measurements should be according to acceptable Tables . When the heart rate measurement of a worker exceeds 110 beats per minute , it will be necessary to have the worker take immediate action to reduce this high heart rate . This action may take the form of either removal from the hot environment to a cooler location , beginning a work/rest regimen, wetting down of the over garments, a change in the type and location of work, or whatever else it requires to reduce the heart rate. Worker monitoring should continue until a work/rest cycle is established which controls work weight loss and heart rate measurements to an acceptable level. Heat Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.4.8 11.0 METHOD OF TEMPERATURE MEASUREMENT Since measurement of deep body temperature is impractical for monitoring a worker's heat load on a jobsite , the temperature measurement required must be that of the environmental factors that most nearly correlate with deep body temperature and other physiological responses to heat. At the present time , the Wet Bulb Globe Temperature Index (WBGT) is t he simplest and most suitable technique to measure these environmental factors. The determination of WBGT requires a series of instruments, including a black globe thermometer , a natural (static) wet-bulb thermometer , and a dry-bulb t hermometer, and a specific operating procedure . There are , however, small portable units that include a microprocessor that will conduct the test and correlate the information for you . A portable WBGT heat stress monitor, utilizing wet bulb , dry bulb and globe temperature sensing elements which are connected to a meter, which has either a dial o r digital display for the readings , and is pre-marked to indicate heat stress levels , should be an essential item of equipment on every work site in which excess ive heat may be an important factor . Procedure 7.4 Heat Stress Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.4.9 TABLE 1 -HEAT DISORDERS Disorder Symptoms Predisoosin2 Factors Treatment Prevention Heat Cramps Tiny red and patchy blisters on skin. Unrelieved exposure to humid heat Clean and dry the skin, apply mild Allow skin to dry in cool place (prickl y heat) and continuously sweaty skin drying lotions, and institute work-before re -exposure. rest regimen. Heat Cramps painful spasms of arm , le g, and heavy sweating during hard work; Drink salted liquids ; give Ens ure adequate salt intake stomach muscles. lo ss of body salt. intravenous infu sion for quicker relief. SALT TAB LETS SHOULD NOT BE USED Heat Fatigue Impaired performance of sk illed lack of acclimatization ; No spec ific recommendations unle ss Acclimatization and training for sensory motor, mental, or vigilance occurs more frequent ly among accompanied by other heat illne ss. work in hot e nvironments . required jobs. unskilled employees. Heat Exhau st ion Fainting, blurred vision, fatigue, sustained exertion, lack of Remove to cooler area; have victim Acclimatization ; intermittent nausea, headache, giddiness; acc limatization ; dehydration . rest in a recumbent position with activity; ensure adequate salt intake. clammy moist skin ; pale facial color. knees raised or in a seated position with head down ; have victim drink salted liquid or ingest small quantities of semi-liquid food. EVERY HEAT EXHAUSTION CASE SHOULD BE TREATED AS A POTENTIAL HEAT STROKE CASE. Heat Stroke confusion , irrational behavior, loss Sustained work in heat by Call for MEDICAL ASSISTANCE Medical screening of a ll he at- of consciousness, convulsions, unacclimatized workers; lack of IMMEDIATELY . Move patient to exposed workers, selection based on extremely high body temperature physical fitness ; obesity and recent cool area; meanwhile, initiate health and ph ys ical fitness; (I04°F) and rising. CONDITION alcohol intake ; de hydration ; chronic immediate and rapid cooling in acclimatization for 5-7 days by FATAL IF TREATMENT respiratory di sease. chilled water while administering graded work and heat exposure; DELAYE D. Other signs: Partial or massage or wrap patient in wet sheet monitoring of workers durin g complete failure of sweatin g and fan vigorously with cool dry air. s ustained work in severe heat. mechanism , hot dry skin (usually red, mottled or cyanotic). Procedure 7.4 Heat Stress Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.4.10 rocedure 7.4 Table 2 PERMISSIBLE HEAT EXPOSURE THRESHOLD LIMIT VALUES (Values are given in degrees Fahrenheit WBGT) WORKLOAD Work-Rest Regimen: Light Moderate Heavy Continuous work 86 .0 80 .1 77 .0 75% Work, 25% Rest each hour 87 .1 82.4 78 .6 50% Work, 50% Rest each hour 88 .5 85 .0 82 .2 25% Work , 75% Rest each hour 90 .0 88 .0 86 .0 Table 3 FREQUENCY OF HEART RATE MONITORING (Values are given in degrees Fahrenheit) Working in Shade Dry Bulb Temperature Greater than 90 87 .5 -90 82 .5 -87 .5 77 .5 -82.5 72 .5 -77.5 Working in Sun Dry Bulb Temperature Greater than 77 74 .5 -77 69 .5 -74 .5 64 .5 -69.5 60 -64 .5 Frequency of Heart Rate Monitoring Impermeable Normal Clothing Clothing After each 15 After each 45 minutes of work minutes of work After each 30 After each 60 minutes of work minutes of work After each 60 After each 90 minutes of work minutes of work After each 90 After each 120 minutes of work minutes of work After each 120 After each 150 minutes of work minutes of work Heat Stress Program Eagle Remediation Services, Inc. Corporate Manual 7 .4.11 Safety CORPORATE SAFETY MANUAL Procedure No. Date: 7.5 2/21/2008 Eagle Remediation Services, Inc. COLD STRESS PROGRAM Re v ision: 1 Total pages: 5 1.0 PURPOSE To describe the causes, symptoms, treatment and/or prevention of cold-related illness and injuries. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY Eagle recognizes that work must be performed in various weather conditions, including cold climates. In order to minimize cold related illnesses and injuries, site supervisors will be made aware of the symptoms of cold stress and the environmental conditions that lead to cold-related illnesses and/or injuries, and the steps necessary to prevent their occurrence. 4.0 GENERAL INFORMATION When the temperatures of the surrounding air or water are much colder than the worker's body temperature, the body's physical processes must increase to maintain a thermal balance . Shivering is one method in which a body is attempting to generate heat. Shivering, pain and numbness are not trustworthy indicators of cold exposures, because prolonged cold exposure numbs all of the body's sensations. Wind chill temperature is a better means of evaluation as it takes into account the winds ability to strip heat from the body through convection . Protective clothing that becomes wet with perspiration or from rain or water , will cause heat loss through conduction. As an example , personnel are at an extreme cold stress hazard if they are performing spill clean -up in boats in cold weather situations . Should they fall into the cold water, their body's heat loss will be extremely fast. 5.0 COLD INJURY The following are some of the cold stress problems which may arise whenever an individual is working under adverse weather conditions and does not acknowledge his or her symptoms quickly enough. Each of these conditions can cause severe pain and , if not alleviated quickly , can lead to amputation and even death . Procedure 7.5 Cold Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.5.1 5.1 Trench Foot Trench Foot occurs as a result of extended exposure of the feet to cold and moisture. The capillary walls of the feet are injured , resulting in tingling , itching and pain . Blisters may form followed by ulceration of the skin . 5.2 Frost Nip This is when superficial freezing is localized to the extremities , such as ears , nose , toes , and fingers. Initially there is a dark bluish color due to bleeding , which occurs under the skin. This bleeding is extremely dangerous in that it can become gangrenous very easily . Workers experiencing frost nip are susceptible to future injury and should avoid becoming chilled. 5.3 Frostbite This occurs when the moisture in the skin actually freezes, forming ice crystals, resulting in often permanent damage to the skin cells. The injured area becomes red and then blue/red. A burning pain is noted initially, then the pa in decreases and numbness sets in . The skin becomes waxy pale in appearance because of the lack of oxygen. The ears , nose, toes and fingers are most susceptible . Damaged areas can become gangrenous resulting in the loss of tissue, finger tips and toes. 5.4 Hypothermia Procedure 7.5 Hypothermia occurs when heat production in the body is not sufficient to replace heat lost to the environment. The results are a lowering of the core body temperature , the pulse rate slows down, muscular weakness occurs , mental abilities dull and the worker becomes uncoordinated . Signs of hypothermia are evident at 95° Fahrenheit. Body core temperature and consciousness is lost between 89.6° and 86.0° Fahrenheit. At lower core temperatures, there is an excellent chance of cardiac arrest. Exposure to cold water decreases the body core temperature rapidly and consciousness is quickly lost. Personnel working on or over water should be acutely aware of the danger of immersion during cold weather. Hypothermia results in a dulling of the senses and could result in poor decision making. Workers that are exposed to extreme cold should not be given tasks that are critical to both their health and safety as well as the health and safety of others. Cold Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.5.2 6.0 PREVENTION Just as with heat stress (refer to Section 7.4 Heat Stress Program in the Corporate Safety Manual) cold stress must be controlled in order to prevent cold related illnesses and injuries . The following are cold stress prevention guidelines. 6.1 Education All personnel must receive adequate training on cause, symptoms, and most importantly , methods of prevention of cold stress illnesses and injuries. 6.2 Adequate Clothing Prevention of hypothermia and other cold injuries is best accomplished by protecting workers from cold and moisture . Adequate clothing is the most important factor in prevention of illness or injury. Personnel working on land should layer clothing with the outer layer being wind and water resistant. The layers should be capable of being vented at wrist , neck and waist to reduce wetting by perspiration. Feet should be kept dry and socks must be changed when they become wet. Gloves which protect the hands from cold but allow freedom of movement are necessary . Never allow bare skin to contact metal surfaces at sub-zero temperatures. 6.3 Acclimatization A limited degree of acclimatization can occur from exposure and working in a cold environment. Some physiological changes do occur, but people also learn how to more effectively protect themselves from temperature extremes. 6.4 Fluid Replacement Cold weather does cause significant water loss as a result of dryness in the air. Fluid intake should be increased to prevent dehydration, which directly affects blood volumes and limits blood flow to the extremities. Warm, sweet, caffeine-free, non-alcoholic drinks and hot soups offer the best fluid replacement as well as providing caloric energy. 6.5 Work-Rest Regimens When temperatures are less than 20° Fahrenheit, either actual or wind-chill, heated warming shelters should be made available. Workers should use these on a regular basis throughout the work shift. Procedure 7.5 Cold Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.5.3 6.6 Diet As with any work in extreme temperatures , personnel should be instructed to eat a well-balanced diet to replace those calories burned off by the extreme temperatures . This diet should a lso provide the necessary vitamins and nutrients the body needs during these types of weather conditions . 6.7 Environmental Monitoring Regular monitoring of the environment by recording wind speed and actual thermometer readings for comparison to the wind-chill chart, should occur at regular intervals throughout the work shift depending in cond itions . 6.8 Prohibited Activities Under no circumstance should alcohol be consumed during adverse weather conditions. This is because alcohol increases blood circulation to the skin and interferes with the body's internal thermostatic control. Alcohol also interferes with mental acuity which can lead to a much higher risk taking. Cigarette smoki ng should be prohibited under extreme weather conditions , because when nicotine enters the body , it restricts the flow of blood to the extremities. 7.0 COPING WITH THE COLD Even during that part of the w inter when you can have some of the coldest weather of the year , there are some construction projects in which we must continue to operate . If you are working on one of those , you need to know how to stay warm . When your body temperature drops even a few degrees below normal, which is about 96.8° Fahrenheit , you can begin to shiver uncontrollably, become very weak , drowsy , disoriented , unconscious , even fatally ill. This loss of body heat is known as "cold stress " or hypothermia . Persons who work outdoors , such as construction workers , need to learn about how to protect against the loss of body heat. The following guidelines can help you keep your body warm and avoid the dangerous consequences of hypothermia , frostbite , and overexposure to the cold. 7.4 Dress in Layers Procedure 7.5 Outdoors , indoors , in mild weather or in cold , it pays to dress in layers . Layering your clothes allows you to adjust what you 're wearing to suit the temperature conditions . In cold weather, wear cotton polypropylene , or lightweight wool next to the skin , and wool layers over your undergarments. In warm weather , stick to loose-fitting cotton clothing . For outdoor activities , choose outergarments made of waterproof, wind resistant fabrics , such as nylon . And , since a great dea l of body heat is lost through the head , always wear a hat for added prote ction. Cold Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.5.4 7.4 Keep Dry Water chills your body far more rapidly than air or wind . Even in the heat of summer , falling into a 40 degree lake can be fatal in a matter of minutes . Always take along a dry set of clothing whenever you are working (or playing) outdoors . Wear waterproof boots in damp or snowy weather , and always pack raingear even if the fo recast calls for sunny , dry skies . 7 .4 Co-Workers Should Check on Each Other The effects of hypothermia can be gradual , and often go unnoticed until it's too late. If you know you 'll be working outdoors for an extended period of time , take the precaution of asking one or two of your co-workers to check up on you from time-to-time. Ask your co -workers to check you for overexposure to the cold , and then do the same for your co-workers. Check for shivering , slurred speech , mental confusion , drowsiness , and weakness . If anyone shows any of these symptoms , he or she should get indoors as soon as possible and warm up . 7.4 Warmth and Understanding The key ingredients to preventing loss of body heat are dressing properly to stay warm , and understanding what you can do to protect yourself against conditions that can cause frostbite , overexposure or hypothermia . Cold weather can be extremely dangerous , but if you work in it properly , you can be safe and productive . 8.0 USE OF PAPRs IN SUB-FREEZING TEMPERATURE WARNING Whenever PAPR respirators are used in temperatures below 30 ° F, the additional air movement from the constant blowing of the PAPR fan motor significantly increases the exposu re of the facial tissues to superficial or deep , local tissue- freezing . Extreme care should be practiced by individuals wearing a PAPR respirator during this type of weather condition , and supervisors should perform constant checks of their workers to ensure that this exposure is not causing problems . Procedure 7.5 Cold Stress Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.5.5 CORPORATE SAFETY MANUAL Procedure No. Da te: 7.6 2/21/2008 Eagle Remediation Services, Inc. BLOODBORNEPATHOGENPROGRAM Re v isio n: 1 Total Pages: 12 1.0 PURPOSE To make certain that our employees are duly aware of the hazards of blood exposure or other potentially infectious materials. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY To present information on the nature of bloodborne diseases in an effort to assist our employees in reducing or eliminating their potential exposure to bloodborne pathogens in their work environments. This procedure will ensure compliance with 29 CFR 1910 .1030. 4.0 REGULATORY COMPLIANCE A copy of the Blood borne Pathogen Standard , 29 CFR 1910 .1030 , will be made available to all employees at each work site . Eagle employees will be able to review the Standard and obtain a copy at any of the following locations : • Corporate Health and Safety Office • Branch Health and Safety Officer's Office • Site Safety Office • Site Superintendent's Office 4.1 Construction Industry Procedure 7.6 Even though the Bloodborne Pathogen Standard is basically an industrial standard , and the construction industry, as a whole , is exempted from the Standard , there is often an unrecognized employee category to which the Standard does apply even in the construction industry. This is the Company employee who has the potential for occupational exposure , the employee perfo rming basic first aid. Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.1 4.2 Exposure Determination It is Eagle's policy that only employees who have been appropriately trained in first aid and bloodborne pathogens and who have the necessary protective equipment available are authorized to assist in the treatment of first aid injuries . No other Eagle employee is to make any effort to assist in the first aid treatment of an injury, including efforts to clean the wound, stop the bleeding, bandage the injury, etc ., nor is any other employee authorized to assist in the clean-up after an accident in which an employee has been injured , including the removal of blood stains, blood splattered equipment, or first aid materials . This policy must be strictly adhered to by all Eagle personnel. 4.2.1 Job Classifications Eagle employees designated , as either supervisory personnel or safety personnel , and who have successfully completed the required training outlined above, are the only employees considered to have occupationally exposure. 5.0 TRANSMISSION OF BLOODBORNE PATHOGENS Illness or disease related to bloodborne pathogens are transmitted through blood and other body fluids including semen, vaginal secretions , loose sk in, and body tissue . Eagle personnel must recognize that these fluids are potentially harmful and take precautions against contact and/or exposure . Occupational exposure to bloodborne disease such as Human Immunodeficiency Virus (HIV), the Hepatitis B Virus (HBV), and other infectious Hepatitis strains are most often transmitted through breaks in the skin or mucous membranes. This usually occurs through needle sticks or other contaminated broken sharp objects, human bites , or having blood or other body fluids enter existing cuts, abrasions , or body cavities. 6.0 EXPOSURE CONTROL PLAN As a direct requirement of the Standard, Eagle has established the following written Exposure Control Plan, which is designed to eliminate or minimize employee exposure. This Exposure Control Plan will be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures which may affect occupational exposure. Each Eagle employee will have access to this Plan. Procedure 7.6 Bloodborne Pathogen Program Eagle Remediation Services, Inc . Corporate Safety Manual 7.6.2 The project superintendent has responsibility for program implementation and compliance at his/her specific jobsite : • maintaining the list of employees who have specific responsibilities for the Exposure Control Plan at this site ; • ensuring that the Universal Precaut ions Program is initiated immediately at the beginning of each project and overseeing this program throughout the duration of the job ; • maintaining and updating the lists of job tasks in which occupational exposure may occur ; • ensuring that personal protective equipment is available in all appropriate locations and that adequate work controls are initiated and maintained ; and • ensuring that all contaminated and potentially contaminated equipment and materials are effect ively decontaminated or appropriately disposed of. The Branch Health and Safety Officer will be responsib le fo r the following portions of this program : • conducting bloodborne pathogen education and training ; • overseeing implementation of work practice controls ; • assist ing in setting up and maintaining t he Reg ion's Hepatitis B vaccination program; • assisting in the coordination of biohazard waste disposal ; and • investigating of all "exposure incidents " and overseeing post- exposure evaluation and follow-up processes. Copies of this program may be reviewed and/or obtained at the following locations : • Corporate Health and Safety Office ; • Branch Health and Safety Officer 's Office ; • Branch Manager's Office ; and • Site Superintendent's Office at the jobsite . Procedure 7.6 Bloodborne Pathogen Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.6.3 6.1 Task Hazard Analysis Generally , most Eagle personnel are at a very low risk for exposure to bloodborne pathogens. However, there are some situations in which Eagle personnel (as described in Paragraphs 4.2.1 and 5.0) may come in contact with potentially infectious or contaminated biohazard material. These task includes: • providing cardio-pulmonary resuscitation (CPR) to an injured worker; • providing first aid assistance to an injured employee ; and • conducting clean-up of an accident site in which an employee has been injured . These tasks are now to be conducted only by authorized personnel. 6.2 Universal Precautions Procedure 7.6 Eagle has mandated following the "Universal Precautions ". This is a concept in which it is universally accepted that all human blood and most human body fluids will be treated as if they are known to be infectious for HIV, HBV , and other bloodborne pathogens . These precautionary measures will be taken on every jobsite to insure that: • employees do not contact blood or other infectious materials ; and • all body fluids will be treated as potentially infectious materials . 6.2.1 Precautionary Measures Since there is always the potential for accidents in the work place and at project sites, when these incidents involve potentially infectious materials, protecting human health and safety is the primary consideration for all employees involved in the incident. Important precautionary steps for all employees to follow in this situation include: • • • • • • Avoid all contact w ith blood or other bodily fluids (i.e ., vomit , salvia); Wear appropriate PPE when there is a potential to make contact with potentially infectious materials ; Warn employees in surrounding area of the potential hazards ; Provide essential first aid only if appropriately trained , approved , and equipped to do so ; Report all exposure incidents to supervisor's and See that all equipment and surfaces contaminated with blood or other body fluids are appropriately decontaminated or suitably disposed of. Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.4 6.3 Engineering Controls and Work Practices Engineering controls utilized at the job site must include: Procedure 7.6 • the use of tools, such as a dust pan and brush, to sweep-up all materials suspected of being contaminated and placing them into the proper waste bag; • the use of mechanical implements , such as hand extension apparatus, tongs, or other grasping devices, to pickup suspect materials; and • provide an approved disinfectant for the immediate decontamination of suspect materials . The following work practices must also be implemented on each project: • provide hand washing facilities with potable water which are readily accessible to potentially exposed employees; • provide soap, antiseptic hand cleanser, and disposable towels or antiseptic towelettes; • require employees to wash their hands immediately after removing potentially contaminated gloves or other personal protective equipment; • ensure that employees wash any area of the body, and flush mucous membranes with water , as soon as possible after contact with blood or other potentially infectious materials; • utilize procedures involving clean-up of blood or other potentially infectious materials to ensure that splashing, spraying, splattering, and generation of droplets are minimized; • prohibit employees from using mouth pipetting/suctioning of blood or other potentially infectious materials; and • any item of equipment which may be contaminated as a result of being involved in an accident in which an employee was injured, will be examined prior to taking any additional action. Equipment found to be contaminated will either be decontaminated or it will be appropriately labeled and disposed of. Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.5 6.4 Personal Protective Equipment A kit, containing personal protective equipment (PPE), required by the Bloodborne Pathogen Standard must be readily available at all Eagle facilities and jobsites. This protective equipment must not allow blood or other potentially infectious materials to pass through to workers' clothing, skin, or mucous membranes. The equipment in this kit will include: • Latex gloves (minimum) • Safety glasses (minimum) • Protective Clothing (minimum) • Liquid splash goggles (preferred) • Full-face shield (if potential to splash on face and in mouth) • CPR mask with one-way exhalation valve (for use only by trained personnel) • biohazard waste disposal bags • a copy of the Exposure Incident Investigation Report In accordance with OSHA requirements , the contents of this kit and our first aid kits should be certified as adequate by a licensed physician. If these kits are purchased commercially, the manufacturer should obtain the certification. 6.5 Hepatitis B Vaccination Procedure 7 .6 Eagle will make a Hepatitis B vaccination available to those employees listed in Paragraph 4.2.1 of this section, entitled Job Classification. The vaccinations will be made available at no cost to the employee , at a time and place that is reasonable, will be performed under the supervision of a licensed physician, and will be provided based on the current recommendations of the U.S . Public Health Service . Employees eligible for this vaccination will be informed about the efficacy , safety, method of administration and the benefits of the vaccine. There are three groups of employees who can be exempted from this vaccination program . They are: • Employees who have previously received the complete series ; • Employees who have had "antibody testing" that has revealed that the employee is immune ; and • Employees for whom the vaccine is not recommended for medical reasons . It must be noted, that while Eagle can request and offer this vaccination, the employee is under no legal obligation to accept it. However, in those cases where the employee has declined the vaccination, the employee is mandated by the Company to sign the Vaccination Declination Form, which is included as Exhibit 1 of this section. This form verifies that the Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.6 vaccination was offered by the Company and declined by the employee. 6.6 Post-Exposure Vaccination While not a part of the Hepatitis B Vaccination Program , a post exposure vaccination and a medical evaluation will be made available to any employee who has had an accidental exposure incident. Confidential medical evaluations and follow-ups will be made available to all affected employees, following the report of an exposure incident. The medical evaluations will include the following elements : • Documentation of exposure routes and circumstances of exposure ; and • Identification and documentation of source individual. The source individual 's blood will be tested , as soon as feasible after consent is obtained , in order to obtain the person's HIV/HBV status . 6.7 Housekeeping Practices Worksites must be maintained in a clean and sanitary condition with efforts made to ensure the following: • in the event that any equipment , environmental , or working surfaces should come into contact with blood or other potentially infectious materials , they will be immediately cleaned and decontaminated ; • all contaminated work surfaces will be effectively decontaminated , with an appropriate disinfectant , as quickly as possible and certainly before the end of the work shift ; and • all biohazard contaminated waste , which is to be disposed of, will be placed into red biohazard waste containers. 7.0 EXPOSURE INCIDENT An exposure incident may involve the eyes, mouth or other mucous membrane, non-intact skin , parental contact with blood or other potentially infectious materials or body fluids that results during the performance of an employee's work. 7 .1 Notification Procedure 7.6 Employees must immediately report exposure incidents to their supervisors to enable timely medical evaluation and follow-up by a health care professional . Each exposure incident must also be reported to the Regional Safety Manager as quickly as possible . Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.7 7.2 Evaluating Exposure Incidents Exposure incident evaluations must be made by a health care professional, and it should be remembered that an immediate assessment and confidentiality are critical issues. The supervisor must be prepared to provide the health care professional with a copy of the Bloodborne Pathogen Program , a description of the employee's job duties , as they relate to the incident , a report of the specific exposure , including potential routes of exposure , any relevant employee medical records , and the employee's Hepatitis B vaccination status. 7.3 Post-Exposure Follow-up Following post exposure evaluation , the health care professional should provide a written opinion to Eagle . This opinion should be limited to a statement that the employee has been informed of the results of the evaluation and told of the need , if any , for further t reatment. 8.0 BLOODBORNE PATHOGEN HAZARD COMMUNICATION Communication of the hazards associated with blood , blood products , or other potentially infectious material is extremely important. Biohazard warning labels must be affixed to containers of regulated waste. Labels must also be affixed to containers used to store , transport , or ship blood or other potentially infectious material. Labels must include the universal biohazard symbol and be fluorescent orange or orange-red with lettering or symbols in a contrasting color . In most situations , Eagle personnel will discard all potentially infectious material in red biohazard marked bags or containers which may be substituted for labels. After an exposure incident occurs and potentially infectious material has been generated and containerized in red bags or containers , it will be the responsibility of the project supervisor to contact his/her Regional Safety Manager for direction on the proper disposal of infect ious or potentially infectious material. 9.0 DECONTAMINATION Equipment and other surfaces which have been contaminated with blood or other body fluids must be decontaminated . Equipment and surfaces should be initially washed with a 10 percent bleach/water solution , then rinsed with clear water until all visible blood and body fluids has been cleaned up. The water generated during the decontamination can be disposed in the sanitary sewer or absorbed on paper towels for disposal. All solid waste generated should be added to the "Red Bio- Hazard Bag" waste stream . Procedure 7.6 Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.8 10.0 EXPOSURE INCIDENT INVESTIGATION In an effort to insure that we can take the proper steps to prevent exposure incidents, it will be the responsibility of the Regional Safety Manager to investigate each exposure incident, as quickly as possible after being made aware of the incident. This investigation should contain the following information: • the date and time the exposure incident occurred ; • the exact location within the facility or jobsite the incident occurred ; • what potentially infectious materials were involved in the incident; • what is the source of the potentially infectious material ; • what activity was being performed when the incident occurred ; • details of exactly how the incident was caused ; • the personal protective equipment being used at the time of the incident; • the actions taken as a result of the incident; and • documentation of the disposal of waste products . After this information is gathered and evaluated, a written summary of the incident and its causes should be prepared on the Exposure Incident Investigation Report form, included as Exhibit 2 of this section. This report should include recommendations to ensure that we avoid similar incidents in the future. 11.0 TRAINING AND EDUCATION Eagle employees who are authorized to provide first aid , and whose job classifications are listed in Paragraph 4.2.1 of this section, as well as those other employees who may experience an occupational exposure to blood or other potentially infectious material, must be knowledgeable of the precautions to take against bloodborne pathogens. These employees will receive both initial and annual training in the following areas: Procedure 7.6 • the epidemiology and symptoms of bloodborne diseases and OSHA's Bloodborne Pathogen Standard (29 CFR 1910 .1030); • how bloodborne diseases are transmitted ; • the Company's Exposure Control Plan for their work site and how to recognize tasks that may involve exposure; • a review of the engineering controls , work practices, and personal protective equipment required to reduce or eliminate exposure ; • the use of biohazard labels and color-coded waste containers ; • information on HBV and HIV and on the free HBV vaccination program ; • actions to take in case of an exposure incident involving bloodborne pathogens; and • an explanation of post-exposure evaluations and follow-up that is provided to employees in the case of an exposure incident. Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.9 11.1 Exemption There is one exemption to the Bloodborne Pathogen regulation , that is a "Good Samaritan " act performed by an employee who would not normally be expected to encounter human blood or other potentially infectious materials in his/her job. 12.0 RECORDKEEPING There are two types of records required by the Bloodborne Pathogen Standard : Procedure 7.6 • Medical Records: A medical record must be established for each employee with occupational exposure . This record must be maintained as a confidential medical record and separate from other personnel records. This record may be kept on site or retained by the health care professional who provides services to the employee . This medical record must contain the employee's name , social security number, Hepatitis B vaccination status , and a written opinion by the health care professional. Medical records of exposure must be mainta ined for a period of 30 years following the employee's last date of employment. • Training Records: Training records , which document each training session , must be maintained for a period of at least 3 years . These records must include the date , content, outline , trainer's name and qualifications , and the names and job titles of all persons attending the tra ining sessions. Bloodborne Pathogen Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.6.10 VACCINATION DECLINATION FORM Employee Name: _________________________ _ Employee Social Security Number: __________________ _ I understand that due to my specialized training as a first aid provider, my occupational exposure to blood or other potentially infectious materials may place me at risk of acquiring Hepatitis B Virus (HBV) infection. Even though Eagle has given me the opportunity to be vaccinated with Hepatitis B vaccine at no cost to myself, and at a time and place that would not be inconvenient, I have declined the Hepatitis B vaccination at this time. I further understand, that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If, in the future, I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B vaccine, I can receive the vaccination series at no cost to me. Employee Signature Safety Manager's Signature Procedure 7.6 Bloodborne Pathogen Program Eagle Remediation Services , Inc. Corporate Safety Manual Date Date 7.6.11 EXPOSURE INCIDENT INVESTIGATION REPORT Date of Incident: Time of Incident: ------------------ Exact Location: ------------------------- Potentially Infectious Materials Involved : Type: Source: ___________ _ Circumstances : -------------------------- How Incident Was Caused: ---------------------- Personal Protective Equipment Being Used : _______________ _ Actions Taken: -------------------------- Recommendations For Avoiding Repetition: ---------------- Safety Manager Completing Report: __________________ _ Procedure 7.6 Bloodborne Pathogen Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.6.12 CORPORATE SAFETY MANUAL Procedure No. Date: 7.7 02/21/2008 Eagle Remediation Services, Inc. INDUSTRIAL HYGIENE PROGRAM Re vis ion: 1 Total pages: 7 1.0 PURPOSE To define the minimum requirements of a jobsite or Branch Industrial Hygiene Program, which shall be implemented in all work situations within Eagle. 2.0 SCOPE This section applies to all Eagle operations. 3.0 GENERAL Industrial Hygiene (IH) is the science and art devoted to the anticipation, recognition, evaluation and control of those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health or well-being, or significant discomfort and inefficiency primarily among workers. In the course of operations throughout Eagle, employees may encounter various chemical and physical hazards. An effective industrial hygiene program anticipates such hazards, evaluates their severity and implements controls to reduce or eliminate exposure. 4.0 HAZARD IDENTIFICATION WORKSHEET Project Management should utilize the Hazard Identification Worksheet to identify potential health/industrial hygiene hazards which may be present on the project. This information must be conveyed to the appropriate Branch Health and Safety Officer for assessment before operations can begin. 5.0 HAZARD ASSESSMENT Each project must be assessed by Branch Health and Safety Offices or Branch Management for the various health and safety hazards which can be reasonably expected during the course of the project. Assessment must include: • identifying the existing and ensuing hazards ; • quantifying the hazard where appropriate (all health hazards must be sampled or characterized as similar to previously measured hazard in a like project and so documented); • planning work schedule , procedures , etc. to avoid the hazard or minimize potential exposure ; • where hazards cannot be eliminated or controlled, identifying personal protective equipment necessary for the degree of hazard quantified; and • assurance that all personnel be properly trained and medically qualified (where appropriate) to perform the job safely . Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.1 6.0 EVALUATION Internal IH sampling must be conducted only by trained personnel, and samples sent only to accredited laboratories meeting the appropriate QA requirements (AIHA , AHERA , etc .). A copy of the results with a short narrative describing the project and exposures should be sent to the Branch Health and Safety Officer. Contractual IH sampling must only be conducted by reputable firms with an extensive familiarity with local and state regulations affecting the sampling under contract. Samples from contractors shall also be analyzed appropriately by accredited laboratories , and final reports shall be issued in a timely manner with a copy to the Branch Health and Safety Officer Specific hazards may require unique sampling methods or frequency . Refer to the particular program as appropriate for detailed info rmation. All employees partic ipating in personal monitoring should be informed of the results within 15 days of the receipt of results at their Branch. A copy of each employee 's personal results should be maintained in the Branch's medical files in accordance with Section 3.5 of the Corporate Safety Manual. 7.0 CONTROL Refer to the appropriate sections of the Corporate Safety Manual for specific program requirements. In general , the following priority system shall apply unless otherwise stated: • keep employees out of hazardous areas using remote methods ; • engineer out the hazard where possible, or reduce exposure to acceptable levels through process controls ; and/or • use personal protective equipment appropriate to the hazard when previous methods are in process , inadequate or infeasible . Under no circumstances shall protective equipment , especially respiratory , be assigned to Eagle personnel without quantitative measurement of the hazard or careful comparison of exposure to previous measurements at similar sites (preferably same) under similar conditions (same work activity). Consult Branch Safety personnel for input. Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.2 8.0 INDUSTRIAL HYGIENE LABORATORIES Only laboratories which are accredited by the American Industrial Hygiene Association's (AIHA) quality assurance program, PAT (Proficiency Analytical Testing) for specific analyses should be used . Only those organizations with proficiency in metals , silica and organic solvents should be used . Some laboratories may also qualify as an asbestos lab for PCM , although this is not an Eagle requirement for inclusion on this section . When working with any lab, be sure to discuss your needs in depth prior to sampling. They will do as little or as much as you want as long as you give them the proper data. Always request raw data as well as final calculations to ensure accuracy of the report. Please forward cop ies of all worksheets and lab reports to Corporate Safety so a broad database can be developed to minimize repetitive sampling. 9.0 INDUSTRIAL HYGIENE CONSULTANTS Conducting good industrial hygiene sampling is time consuming and detailed. Equipment must be monitored carefully for malfunction and proper placement. Eagle's typical operations are very labor intensive and often occur in adverse environmental conditions which can stress the sampling train and equipment. In order to obtain a good industrial hygiene sample , the sampler must mount the pump and media correctly , maintain it in proper operating condition, take copious notes regarding facility characteristics and operator activity during sampling , and finally, properly label and seal the samples for shipment to the lab . The sampler cannot perform any other major duties while conducting a survey . Consulting personnel have various levels of field expertise within their organization but most can be categorized as follows: Certified Industrial Hygienist (CIH): This is the highest paid , technical member of the team, usually around $100 per hour depending on hidden costs and geography . This person has a degree, at least five years of experience , and has successfully completed the certification exam . Most will overview surveys by reviewing a junior member's plan for sampling , final report and conclusions . Many consultants will not release even the simplest report unless it is reviewed by the staff CIH, but very few CIH's perform the actual field sampling . Technician with Experience (Non-CIH): For most Eagle sampling , this individual is sufficient. They have more experience , are knowledgeable about sampling , can correct minor problems while in the field, and make basic conclusions concerning exposure status. They usually have between five and ten years of experience in Industrial Hygiene and related fields and have a science degree . Their rates can range from $42 -$80 per hour depending on geography and hidden costs. Some consultants may still require that a CIH review the final product. Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.3 Technician (entry-level): This individual varies greatly in ability, energy and education . In many cases , another experienced industrial hygienist will instruct them on how and where to place the equipment and what basic maintenance steps are necessary to keep the units functioning properly. They can range from recent college graduates with no experience to high school graduates who have been trained to operate air-sampling pumps . Some take good notes, but most are only concerned about pump operation and not the exposure or characteristics of the job . This level of expertise is only useful in simple repetitive operations , such as asbestos abatement where daily sampling may be required by regulation . Therefore , hiring a consultant can quickly become an expensive proposition . All consultants will perform the job according to the specifications in the contract. At the very minimum , you should expect the following : 1. Full shift sampling of a representative (25%) number of workers performing certain classes of duties (i.e., gross detail , scaffold build ing, water blasting, etc.). 2. Individual written exposure records that can be photocopied and handed to each employee (employers should sign file copy as a receipt). 3. Use of an approved laboratory for the particular contaminant of concern; beware of potential co-contaminants (lead and asbestos; metals and volatiles). 4. Final report that categorizes exposures by job class , operation phase, etc . (as you determine); request statistics so you can compare one phase of the job to another, work practices between employees ; supervisor procedures, etc . 5. Reasonable turn-around time for all of the above. State regulations may differ on items (1), (2), (3) and (5) above, so check with a knowledgeable person prior to commitment. Don't compromise on the demand for organized results ; this could assist you in using the data effectively rather than gathering useless bits of information haphazardly . Air monitoring can be a useful tool in improving procedures which can eventually cut costs. Without it, overprotection is necessary , and that results in employee stress, slower work schedules and mandatory protective equipment purchase . Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.4 HAZARD IDENTIFICATION WORKSHEET It is important under Right-To-Know to be informed of the hazards our employees might encounter while on the site . It is also essential that Eagle collect any information available , on airborne levels of hazardous materials in order to properly choose personal protective equipment (if not, protective equipment must be chosen based on "unknown" concentrations , and that increases total job cost). It is unadvisable to accept customers judgment on protective equipment without some verification of air-borne concentrations. Most client contacts will be reluctant to release any specific information to anyone outside their organization ; however , if Eagle safety personnel can contact client safety/health personnel (or convince the client contact to do so), general information , sufficient to estimate the proper protective equipment, will usually be made available (if it exists). This form will assist in gathering the applicable information in order to pre-plan job safety and health requirements . What are the hazardous chemicals/materials Eagle employees might encounter while on this job? What components/ingredients of the above materials are regulated ; have an OSHA PEL. or ACGIH TLV .. ? Has the client sampled his own personnel for the above chemicals? YES D NOD Have the samples been taken while his employees performed work similar to our employees? YES D NO D Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.5 Please describe , in general , what the sampling revealed : ... Substance AboveAL ? Above PEL? Do client personnel wear any protective equipment when encountering these substances in the same manner as our employees might? YES D NO D If so , what? ___________________________ _ Do client personnel wear protective clothing when encountering these materials in any other operations? YES D NO D If so, what & under what condition? ------------------- Lastly , are we disposing of any waste from this operation? YES D NOD If yes, consult contact, safety and regulatory compliance department, and local , state and federal regulations while in the plann ing stages. OSHA PEL: Permissible Exposure Limit (enforceable by OSHA; law) ACGIH TLV: Threshold Limit Value (suggested guidance level; recommendation) AL: Action Limit (OSHA term ; usually 1/2 , or closest to it of the PEL) Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services, Inc. Corporate Safety Manual 7.7.6 Eagle SAFETY AUDIT CHECKLIST INDUSTRIAL HYGIENE PROGRAM Does the Branch have an Industrial Hygiene Program in compliance with Eagle's requ irements . At a m inimum, the following items must be addressed in the program and related documentation : YES D A. B. C . D . Health Hazard awareness survey has been complet ed prior to job start-up YES D Hazards have been identified to the extent that preventative programs can be implemented. YES D Protective equipment has been specified based on reliable data: previous monitoring from prior similar operations or same location sampling conducted during this project. YES D Where required , documentation is ma intained accordi ngly , training is conducted adequately, and protective equipment altered as necessary . YES D REMARKS NOD NOD NOD NOD NOD ---------------------------- Procedure 7.7 Industrial Hygiene Program Eagle Remediation Services , Inc. Corporate Safety Manual 7.7.7 CORPORATE SAFETY MANUAL Procedure No. Date: 8.1 2/21/2008 Eagle Remediation Services, Inc. CONFINED SPACE/ VESSEL ENTRY Revi s ion: 1 Total pages: 20 1.0 PURPOSE These guidelines have been developed to assure the safety and health of our personnel who must enter confined spaces to perform work . Because of the seriousness of the potential for safety or health hazards , these are very stringent guidelines which must be adhered to at all times . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY All persons involved in an operation requinng entry into confined spaces are responsible to see that this procedure is followed. Management will instruct all affected employees in the nature of the hazards involved, the necessary precautions to be taken, and the use of protective and emergency equipment required. No deviation from the requ irements of this section can be made without the written consent of the customer's Safety Department and/or an Eagle Branch Health and Safety Officer. 4.0 GENERAL Injuries and fatalities may occur if certain essential precautionary measures are not taken when entering a confined space. This instruction is provided to make Eagle management and all employees aware of Confined Space Entry requirements. The detailed requirements to be met by all personnel involved with confined space entry are contained in this procedure. It covers most Confined Space Entry situations. Those which present unique conditions will be addressed by management and the Safety Department, as required. Whenever possible, management should investigate the possibility of doing the work outside the confined space to avoid exposing Eagle employees to the hazards inherent in confined space entry. All Eagle employees required to enter into confined spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required. For Eagle , confined spaces include, but are not limited to such items as vaults, excavations, dust collectors , manholes, bins , containments, boilers, pits, catch basins , tanks, silos or tunnels . When in doubt, contact your safety office so that a field determination can be made by qualified safety personnel. Each facility in which Eagle works will likely employ differing methods of identifying confined spaces. Eagle management must inquire as to the method of identification that is Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.1 being used at a specific facil ity. 4.1 Definition of a Confined Space The definition of a confined space in cludes an enclosure or compartment that: • is large enough and so configured that an employee can bodily enter and perform assigned wo rk; and • has limited or restricted means for entry or exit ; and • is not designed for continuous employee occupancy. 4.2 Definition of a Permit Required Confined Space A permit required confined space means a confined space that has one or more of the following characteristics : • contains or has the potential to contain a hazardous atmosphere ; • contains a material that has the potential for engulfing an entrant ; • has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downwa rd and tapers to a smaller cross- section , or • contains any other recognized serious safety or health hazard. 4.3 Definition of an Entry Supervisor Entry Superviso rs are individuals selected by the project management to be responsible for dete rmining the class of entry , whether or not acceptable entry conditions are present, directing the steps to be followed for issuance of an entry permit , determining rescue provis ions , issuing the Confined Space Entry Permit , overseeing entry, and te rminating entry . This individual must be familiar , by training and experience , w ith t he safety , health and rescue requirements necessary for work in confined spaces . 4.4 Definition of an Outside Attendant Procedure 8-1 Outside Attendant means an individ ual stationed outside one or more permit required confined spaces who monitors the authorized entrants and who performs all attendant's duties assigned in the Company 's Confined Space Entry Program . Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.2 4.5 Definition of an Authorized Entrant Authorized Ent rants are employees who are authorized by the Company to enter a permit required co nfi ned space . 4.6 Potential Hazards Some of the hazards which may be enco untered by personnel working in confined spaces include , but are not limited to the following : • Toxic vapors • Flam mable gases • Oxygen deficien cy • Electr ic shock from installed and portable electric equipment • Injury from mechanical equipment inside of the confined space . • Phys ical hazard such as falling and sl ipp ing • Hazards resulting from steam , water, chemical , etc . lines being opened into the confined space . 5.0 DETERMINATION OF CONFINED SPACE Before any act ion is taken to enter a confined space , an Entry Supervisor must make a determination as to whether or not the physical character istics of the confined space indicates it is merely a confined space or mandates it to be a Permit Required Confined Space . This determination will be made using : • the characteristics of a permit required confined space as defined in Paragraph 4.2 of this section ; or • the customer 's designation that the space is permit required. In the event the physical characteristics of the permit required confined space change and the definition , as indicated in Paragraph 4.2 no longer prevail , the designation "permit required " may be removed and the space may be treated as a confined space . 5.1 Written Program Procedure 8-1 When a confined space has been determined to be a permit required confined space and the Company has decided that its employees will enter this space , then a copy of this written program , which complies with 29 CFR 1910 .146 and 1926.21 (b)(6) must be present at the work site and must be available for inspection by the employees and their authorized representatives . Confined Space I Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.3 5.2 Warning Signs Immediately upon designating the space as a permit required confined space , the Company must notify exposed employees by posting the following warning sign: PERMIT REQUIRED CONFINED SPACE DO NOT ENTER 6.0 TESTING THE ATMOSPHERE Before an employee enters a space , the internal atmosphere must be tested with a calibrated direct reading instrument for oxygen content , for flammable gases and vapors , and for potential toxic air contaminants , in that order. Tests must be made with the appropriate monitoring equipment. The person authorized to monitor the atmosphere must be trained in the proper use , calibration , and care of the monitoring instruments and must remain at the site until all monitoring is completed . If tests indicate the atmosphere is initially safe , but the work may produce a hazardous atmosphere from such processes as cutting and welding , disturbing of accumulated sludge , or use of solvents, entry without respiratory protection will only be permitted subject to additional atmosphere testing by authorized personnel. If tests indicate that the atmosphere is unsafe , the confined space must be ventilated until the hazardous atmosphere is removed , prior to employee entry. WARNING: There can be no hazardous atmospheres within the confined space whenever any employees are inside the space . 6.1 Employee Observation Employees , who are Authorized Ent rants to enter a pe rmit required confined space , must be given the opportunity to observe the testing of the confined space before entry is made. Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services , Inc. Corporate Safety Manual 8-1.4 7.0 CONFINED SPACE ENTRY PERMIT Before any employee is allowed to enter a tank or other permit required confined space, an Entry Supervisor 's authorization must be obtained and a Key Item Check List -Confined Space Entry form must be initiated. In the event the customer's provided confined space entry permit is not acceptable, the entry permit will be provided by Eagle. This Permit will not be completed without the following : • Prior to issuing the confined space permit , an MSDS for each of the chemicals which were recently used in the space or vessel must be obtained. • The necessary testing as indicated in Paragraph 6.0 of this section. • If after ventilating the space, tests indicate a non-respirable atmosphere (less than 19.5 percent oxygen) or levels of toxic contaminants hazardous to health, no person will be allowed to enter unless equipped with an approved air-line respirator complete with escape bottle or a self-contained breathing apparatus , safety harness , and lifeline and has been properly trained in the use of that equipment. Project Manager approval must be obtained prior to entry with supplied air. • The Authorized Entrant entering the space must wear protective clothing if the contaminant can cause dermatitis , chemical burns , or can be absorbed through the skin. The Confined Space Entry Perm it will not be issued unless all of the following provisions have been made for : Procedure 8-1 • An Entry Supervisor has been designated for overall responsibility of the confined space entry ; • Assigning an Outside Attendant that is in good physical condition and who has received the proper training in the Outside Attendant's procedures and duties ; • An adequate rescue and retrieval procedure has been developed and implemented ; • There is someone readily available who has been trained in cardio- pulmonary resuscitation (CPR); • The number of Authorized Entrants who will enter the confined space are kept to a minimum ; • All Authorized Entrants who will enter the confined space are physically and mentally capable of working in a confined space. In other words, they have no known physical restrictions or aversion to working in close confines; • The Outside Attendant , the Authorized Entrants , and the rescue and retrieval personnel have been made to understand the hazards of the confined space and are instructed as to the necessary precautions to be taken; and • The Branch Health and Safety Officer has been notified prior to issuance of Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.5 the permit. In all cases , Eagle's Lock Out/Tag Out Procedures (Section 8.12 of this Manual) will be followed . Before entering a confined space, the contents must be drained and clean-out doors opened where provided . Further , all lines/pipes serving the confined space must be isolated by positive means which may include , but is not limited to , blanking , misaligning , and securing valves in a closed position. An Eagle supervisor must verify all positive means of isolation prior to entry. The completed permit will be posted in a conspicuous place near the point of entry. 7.1 Employee Participation Eagle must consul t with and provide all of the necessary permit information to any of its employees who will be affected by the Confined Space Entry Permit. 8.0 DUTIES OF THE ENTRY SUPERVISOR This individual must be familiar , by tra ining and experience , with the safety , health and rescue requirements necessary for work in confined spaces . • Entry Superviso rs are responsible for determin ing the class of entry ; • They determine whether or not acceptable entry conditions are present ; • They direct the steps to be followed for issuance of an entry permit ; • They develop the rescue and retrieval plan ; • They may issue the Confined Space Entry Permit ; and • They oversee the entry and if necessary , term inate the entry. 9.0 DUTIES OF THE OUTSIDE ATTENDANT Because of the possibil ity of having to respond to an emergency in more than one permit space at the same time , a single Outside Attendant cannot be used to monitor more than one confined space . 9.1 General Duties Procedure 8-1 • Be aware of the product that was last contained in the confined space , as defined on the Confined Space Entry permit; • Be aware of the type of material or processes in the su rrounding area ; • Make certai n that a Confined Space Ent ry Permit has been issued for the confined space you are assigned to. A lso make certain that the entry permit is signed by an authorized person , the precautions noted on the permi t have been satisfied , and that it has the current Confined Space / Vessel Entry Eagle Remediation Services , Inc. Corporate Safety Manual 8-1.6 Procedure 8-1 date, time and location on it; • If the Outside Attendant must leave the area at any time and for any reason , he must have a qualified replacement there before he leaves . If this is not possible and he must leave, the entry must be terminated and all of the Authorized Entrants must vacate the confined space; • Make certain that all equipment is in good working condition . If not , it must be replaced or repaired before entry ; • Ensure that all equipment in the confined space is the proper equipment specified by the permit precautions. For example , if the precautions require explosion-proof lighting , make certain the lighting is explosion-proof and not regular 12V or 11 OV ; • It may be necessary for the Outside Attendant to utilize an alarm device , such as an air horn, whistle , etc . If an emergency were to arise, the Outside Attendant can use the a larm device to either alert the persons inside the confined space or to seek help . List on the accompanying Confined Space Emergency Rescue and Retrieval Plan where emergency notification should be made and which rescue / emergency service will be utilized for rescue ; • The Outside Attendant must remain at the opening to the confined space where he can maintain either visual or voice contact with persons inside . If it is necessary for the Outs ide Attendant to be located where quick access to the emergency system is difficult, a radio or equally effective commun ication device must be utilized by the Attendant to enable quick communications with the rescue teams ; • When a Confined Space Entry Perm it is issued and requires the use of supplied-air equipment , the Outside Attendant will also have supplied-air equipment on site and be trained in its use ; • The Outside Attendant may be required to serve as a fire watch for personnel welding or burning inside the space . Fire watch duties and responsibilities would then apply to the Outside Attendant as described in Paragraph 9.3 of Sect ion 8.9 of the Eagle Corporate Safety Manual ; • The Outside Attendant should know the number of Authorized Entrants working inside the confined spa ce . When the space is vacated , he should make certain that all personnel that were inside are now accounted for outside the space ; • The Outside Attendant is responsible for maintaining the Confined Space Entry and Exit Log(s); • When the work is completed ins ide t he confined space or the shift ends , the Outside Attendant should notify the Entry Supervisor that Confined Space I Vessel Entry Eagle Remediation Services , Inc . Corporate Safety Manual 8-1.7 all personnel have vacated the confined space ; Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.8 • it must be understood by all Authorized Entrants that they must obey evacuation orders or job requirements that are passed on by the Outside Attendant; • where possible , the assigned Outside Attendant should wear some type of bright and easily identifiable outside garment or vest , such as a fluorescent orange traffic vest , to easily distinguish him as the Outside Attendant. 9.2 Unauthorized Persons • The Outside Attendant must prohibit anyone from entering the permit required confined space, unless they are an Authorized Entrant or a member of an appropriately equipped and trained rescue team ; • The Outside Attendant must take the following actions when an unauthorized person approaches or tries to enter the confined space while entry is underway: a) warn the unauthorized person that they must stay away from the confined space; b) advise the unauthorized person that they must exit immediately if they have entered the confined space ; and c) inform the Authorized Entrants , the Entry Supervisor, and if the unauthorized person is an employee or representative of the client , then the client also of the unauthorized entry into the confined space . 9.3 Evacuation of the Confined Space Procedure 8-1 The Outside Attendant must be prepared to have the confined space evacuated immediately under any of the following conditions : • The Outside Attendant detects a prohibited condition ; • The Outside Attendant detects the behavioral effects of hazard exposure in an Authorized Entrant; • The Outside Attendant detects a situation outside the confined space that could endanger the Authorized Entrants; or • The Outside Attendant can no longer effectively and safely perform all of the duties required of him . The Outside Attendant must summon the emergency/rescue team immediately upon his determination that an Authorized Entrant(s) may require assistance to escape from the confined space. WARNING: At no time should the Outside Attendant attempt a rescue in an emergency situation prior to sounding an alarm and assuring a response to that alarm. Regardless of the situation, the Outside Attendant will not enter the confined space unless he is appropriately trained , adequately equipped , and has been properly relieved by another trained Outside Attendant. Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.9 10.0 Duties of Authorized Entrants 10.1 General Duties • Authorized Entrants must be able to understand the hazards they may be exposed to during their entry into a confined space , including the signs , symptoms and consequences of the exposure ; • They must be trained in and be able to properly use the equipment required by the permit; • Authorized Entrants must be able to communicate with the Outside Attendant as necessary to enable the Attendant to monitor the Entrants ' status and to enable the Attendant to alert the Entrants of the need to evacuate the space if necessary; • The Entrants must be able to alert the Outside Attendant whenever they recognize any warning sign or symptoms of exposure to a dangerous situation; • The Entrant must be able to communicate with the Outside Attendant as quickly as possible , if he detects a prohibited condition; • The Entrant must be prepared to evacuate the confined space immediately if he: a) receives an order to evacuate from the Outside Attendant or the Entry Supervisor; b) recognizes any warning sign or symptom of exposure to a dangerous situation ; c) detects a prohibited condition ; or d) hears or sees an evacuation alarm that has been activated. NOTE: The Outside Attendant and the Authorized Entrant may rotate duties provided they are each properly trained in t he duties and responsibilities of both positions as listed within this section. 11.0 KEY ITEM CHECK LIST FOR CONFINED SPACE ENTRY The preparation of the Key Item Check List fo r Confined Space Entry may require a joint effort by both the customer and Eagle , and should include at least the following: • Purging and removal of contents Every effort must be made to make the confined space as safe to enter as possible before an entry is made. This may require purging , ventilation , pumping , flushing etc . as required , remote from the confined space . Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.10 • Isolation All lines which may d ischarge into the confined space shall be physically disconnected upstream and capped or isolated . The use of an in-l ine shut- off valve , as the sole means of isolating the confined space from any line is prohibited. • Lock Out/ Tag Out All electrical , hydraul ic , pneumatic, etc., apparatus in , or associated with , the confined space (i .e ., mixers , conveyo rs , pumps , motors , etc.) must be tagged and locked in the "OFF" pos ition . T his m ust be done for any entry , even though the work may not be being performed on the apparatus itself. It is the duty of the Eagle supervisor to ensure that the proper lockout procedures have been perfo rmed . • Security of Covers All manhole and c lean-out covers shall be removed and the openings maintained clear of any obstructions. All access openings must be barricaded. When hinged doors or covers are provided , they shall be secured so that they cannot be closed while someone is inside of the confined space . • Atmospheric Testing Normally the customer will perform the in itial testing of the atmosphere using approved and properly calibrated instruments to assure that 10% of the lower explosive limit (LEL) is not exceeded. The confined space shall also be tested to ensu re that the oxygen content of the space is at least 19 .5% for a normal entry . If toxic vapors are suspected, they shall also be properly tested to ensure that the exposure level does not exceed the level of protect ive equipment and OSHA specified limits . • Hot Work Eagle is not normally involved in hot work process. In the event that it is necessary , Eag le will comply with the establ ished Hot Work permit system of the custome r. 12.0 SPECIAL CONSIDERATIONS 12.1 Monitoring Procedure 8-1 Continuous monitoring of the atmosphere will be required , when the nature of work to be performed introduces , or has the potential to introduce , hazardous conditions to the personnel within the confined space . The instruments used for continuous automatic monitoring are to be provided with an audible and visual alarm to warn when the pe rmissible amounts of flammable or tox ic vapors or oxygen deficiency are exceeded . Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.11 12.2 Explosive Atmosphere In potentially explosive or flammable atmosphere , non-sparking tools and portable vapor-proof electric lighting not exceeding 12 volts must be used. Smoking , open flames , and cutting or welding will be prohibited . 12.3 Ventilation If required, the area is to be thoroughly ventilated. Special care should be taken to ensure that circulated air will reach isolated pockets and prevent recirculating contaminated air . Provisions shall be made to provide for adequate fresh air during the entire time personnel are inside a confined space. Under some conditions , such as a tunnel or large diameter tank, a system of blowing and exhausting air is to be used . The confined space shall be ventilated to prevent the accumulation of: • Flammable vapors in the atmosphere above 10% of the LEL. • Concentrations of combustible dust. • Toxic and other contaminants . • Oxygen excess or deficient atmospheres . 12.4 Air Supply Procedure 8-1 • Level One: If the integrity of the atmosphere in the confined space cannot be guaranteed , a primary breathing air supply is required . Approved breathing apparatus connected to this primary air supply through a manifold can be used. The use of a canister type mask, which operates on the principle of chemical absorption or mechanical filtration , shall not be used . Note: No less than 30 minutes of air will be permitted , and you must have 5 minutes of emergency breathing air. For this we would use either a SCBA with 30 minute tank or an airline type equipment with the 5 minutes of emergency air built in to the system on your side. • Level Two: In those instances, in which the level of hazard is known and presents no exposure hazard for the personnel, Eagle has the ability to use either air purifying or air supplied respiratory protection. • Level Three: Supplied air equipment is not required . At such times a determination shall be made by qualified personnel as to the type of respiratory equipment to be utilized , i.e ., half face or full face respirator and/or dust mask. Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.12 12.5 Special Tools Special consideration must be given to tools that are to be used within a confined space. Some of these special considerations are as follows : • Hand tools are to be of the spark-proof type and electrical power tools and equipment explosion proof where a possibility of flammable vapors or gasses exists . • All portable electrical power tools and extension cords are to be grounded , in good repair and protected by a ground-fault circuit interrupter. If a flammable atmosphere may be present , electrical equipment taken into the confined space must be explosion proof or be air operated . • In lieu of ground-fault circuit interrupter protection , battery or transformer equipment operated at 12 volts or less may be used. • A ladder may be used as a means of entering and exiting, provided it does not obstruct the opening . A hoist or ot her suitable means may be used with the proper approvals . A ladder is required in all confined spaces deeper than four feet. The ladder shall be secured , and not removed until all employees have exited the space . 12.6 Equipment For Confined Space Entry Equipment for Confined Space Entry including personal protective equipment, such as coveralls, impervious gloves, boots , face and eye protection , etc ., must be used as required by the nature of the operation to be performed . Each worker inside a confined space with only an overhead means of egress must wear a safety harness with a life line attached. If needed, Eagle can provide a fall arrester and retrieval system for vertical confined space entry work . Under certain conditions, a lifeline shall be attached to either a harness or wristlets. The other end of the lifeline is to be securely anchored outside the confined space . In some cases , it is advisable to have a fall arrester on a tripod or fastened by other suitable means above the confined space. 12.7 Emergency Entry Procedure 8-1 In the event of a sudden life threatening or otherwise potentially dangerous situation requiring immediate action , which involves entry into a confined space as defined in this procedure , and in the absence of time to complete testing and ventilation procedures , the atmosphere will be considered as unsafe to enter without the use of an approved air-supplied breathing device . Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.13 13.0 RESCUE AND RETRIEVAL 13.1 Use of an Outside Service Before you can choose a rescue service, whether it be a public safety service or the client's rescue service, you must first evaluate the prospective service's ability to respond in a timely manner based on the specific hazards associated with each entry. Trained and fully equipped rescuers are now required to be standing by outside the confined space for all entries with Immediately Dangerous to Life or Health (IDLH) atmosphere or that can quickly develop into an IDLH atmosphere , or if the rescue plan calls for "stand-by " rescuers. In all other entries, a response time of 10 to 15 minutes might be adequate. Before choosing an outside service, you must also evaluate the qualifications of the service to function appropriately while rescuing entrants from the types of spaces identified . The appraisal must consider the state of training and the service's rescue equipment. Another factor which must be taken into consideration before choosing an outside rescue service is whether or not they are capable of immediately responding to a request for service with both the required trained personnel and the proper equipment. Before choosing an outside service , you must advise them of the type of hazards they may be exposed to during a rescue attempt and ascertain if they have any problems with responding to that type of condition. 13.2 Using "On-Site" Eagle Personnel Procedure 8-1 If you plan to use your own workers for the rescue and retrieval process, should the need arise, there are several factors which you must take into consideration. For example, you must make certain that your "rescue team" has the necessary personal protective equipment needed to affect the rescue and that they have been thoroughly trained in the use of this equipment. The Company must provide this equipment and training at no cost to the employees. In addition to being trained to use the proper personal protective equipment , these workers will also have to be trained (a) in their assigned rescue duties, (b) as Authorized Entrants, (c) in first aid, and (d) in CPR. Here again, all of this additional training can be at no cost to the employees. Additional costs to the Company will be that of having their rescue teams practice simulated rescue operations either in the actual spaces or in representative type of spaces, and in the case of a stand-by requirement, having their rescue team just standing by at the entry point in the event they would be needed . Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.14 13.3 Initial Evaluation Procedure 8-1 It makes no difference whether or not an off-site rescue service is being considered or a team of Company employees , merely posting the service 's telephone number or planning to rely on the 911 emergency telephone number to obtain t hose services at the time of a permit space emergency , will no longer comply with the OSHA Standards . At the time the rescue and retrieval plan is put together , the Entry Supervisor must make an evaluation and determine whether or not the rescue service or team is capable of affecting the rescue. Answering the following questions may help in making this evaluation: • What are the needs of the Company with regard to response time? • How quickly can the rescue team or service get from its location to the permit space from which rescue may be necessary? • What is the availability of the rescue service or team? Is it unavailable at certain times of the day or in certain situations? What is the likelihood that key personnel might be unavailable at times? Do they have additional responsibilities? Are they the designated rescue service for other entry teams? • Does the rescue service or team meet all of the requirements for training , the necessary rescue equipment , and personal protective equipment that are called for in the Standard? • In the case of an outside rescue service , are they willing to affect a rescue on-site? • Does the rescue serv ice or the rescue teams have adequate communications to enable them to receive a request for assistance without delay? • Does the service or team have the necessary technical knowledge and equipment to perform rope work or elevated rescue if needed? • Does the service or team have the necessary skills in medical evaluation , patient packaging and emergency response? Confined Space / Vessel Entry Eagle Remediation Services, Inc . Corporate Safety Manual 8-1.15 13.4 Performance Evaluation In addition to the initial evaluation , the Standard also calls for the Entry Supervisor to make a performance evaluation before choosing a rescue service or team . Rescue services or teams are required , by law , to practice rescues at least once every twelve (12) months unless they have successfully performed a permit required confined space rescue within that time . As part of each practice session , a critique must be performed so that deficiencies in procedures , equipment , training , or number of personnel required can be identified and corrected . These critiques should be a very important part of your performance evaluation. 14.0 CERTIFICATION AND PERMITS Prior to issuing the Confined Space Entry Permit, the owner or user of the confined space must furnish either a letter certifying that the vessel or space has been thoroughly cleaned and ventilated, or must furnish a Material Safety Data Sheet (MSDS) for each of the chemicals which were recently used in the space or vessel. The Confined Space Entry Permit will be valid for a single work shift only. On projects requiring more than a single work shift , a new permit shall be completed at the start of each shift. The permit shall be displayed at the project site . At the conclusion of the project , the confined space permit shall be copied and forwarded to the Corporate Safety Manager. 15.0 TRAINING Each affected employee must be trained prior to his or her initial assignment , prior to a change in assigned duties, if a new hazard has been created, or if special deviations have occurred. Affected employees must be trained in all aspects of the purpose and use of the Confined Space Entry Procedures. The employees must be trained in the use and purpose of all personal protective equipment. The training must include simulated emergencies during which respirators will be donned and rescue procedures practiced . 15.1 Documentation Procedure 8-1 The Company must certify that the required training has been accomplished. This certification shall include the employee 's name , the signature of the trainer , and the dates of the training. This certification must be made available to the employees and their authorized representatives . Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.16 16.0 CONFINED SPACE ENTRY AND EXIT LOG The Authorized Entrants within the permit space must be tracked by means of a roster that will enable the Safety Watch (Attendant) to determine quickly and accurately, for the duration of the Permit , which authorized entrants are inside the permit space. The Confined Space Entry and Exit Log satisfies this requirement. The requirements for the Confined Space Entry and Exit Log are, that it: • must be attached to the Confined Space Entry Permit; • must continue to be a part of that Permit throughout the duration of the Permit; • must identify the Safety Watch by name , and in the event the Safety Watch is relieved , must a lso identify the individual relieving the Safety Watch ; • must identify each entrant by name and social security number; and • must continuously track each entrant by logging the Time In and Time Out. 17.0 EQUIPMENT FOR CONFINED SPACE ENTRY A combination combustible gas/oxygen meter which samples for combustible vapors and oxygen deficiency simultaneously, is suggested . However, individual meters to sample for combustible atmospheres and oxygen deficiency may also be used. Supplied-air breathing apparatus, such as a self-contained respirator with full facepiece operated in pressure demand mode (SCBA), or TYPE-C supplied-air respirator with full facepiece operated in pressure demand mode with an emergency backup SCBA or escape bottle operated in a pressure demand mode must be used in atmospheres immediately dangerous to life. A supplied-air TYPE-C respirator , in either continuous flow or pressure demand mode may be used in areas which are not immediately hazardous to life and from which the wearer can readily escape. Harness and Lifelines: Full body harness should be capable of retrieving an inert body in an upright position . A parachute-type harness with a single lifting ring attached to the upper back, or with duel lifting rings attached to the shoulder straps, is recommended for work in open areas. Where egress through narrow openings is necessary, wristlets with attached lifting rings may be required instead of a body harness . Sufficient lifelines of at least one-half inch manila must be provided to ensure constant connection between the worker in the confined space and the attendant outside. When using an air compressor to supply breathing air to hose line supplied-air units, breathing air must be delivered through a filter board. Ventilation: A portable blower with a minimum capacity of 600 cfm at 1.5 inches static pressure should b.e used to supply air and ventilate the enclosed space prior to and during occupancy . If the space is large enough , additional air volume may be required . Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services , Inc. Corporate Safety Manual 8-1.17 17.1 Maintenance of Equipment A competent person must maintain and issue all self-contained and/or supplied-air breathing apparatus required by this procedure. A competent person must be responsible for issuing all entry permits. A competent person must maintain and ensure calibration of all combustible gas and oxygen analyzers which must be readily available for use as required. 18.0 PROGRAM EVALUATION At the completion of each Permit Required Confined Space Entry operation, the entry team, which shall consist of the Entry Supervisor, the Outside Attendant, and a representative number of Authorized Entrants, shall critique the execution and performance of the entry to evaluate the program and its implementation. Items which should also be a part of this critique include : Procedure 8-1 • was the information on the permit complied with and were there hazards not covered by the permit? • was the overall performance of the team in keeping with the program? • was there any unauthorized entry, injuries, near misses or worker complaints? Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.18 CONFINED SPACE ENTRY PERMIT Job Site: ___________________ Job No.: ________ _ Location/Description of permit space: ____________________ _ Shift: Shift Supervisor:-------------------- Entry Authorized: From: To: _______ Date: _______ _ Printed Name of Authorizing Entry Supervisor:------------------ Printed Name of Outside Attendant: ---------------------- TYPE OF ENTRY: ( Permit Valid for One Shift Only) D Entry With Special Precautions D Entry With Restrictions D Entry Without Restrictions (If Entry With Special Precautions, must use full OSHA Permit Required Confined Space Entry Procedures) PURPOSE OF ENTRY: INITIAL ATMOSPHERIC TESTING: (Analysis and/or Sampling Equipment Used) Type Serial No. Date Calibrated By Whom Known Hazards:---------------------------- Pre-Entry Atmospheric Testing: • Oxygen Content • Flammable Gases and Vapors Findings _____ % _____ % • Toxic Air Contaminant _____ % Time Specific Contaminant ---------------(ppm) Initials Is Continuos Atmospheric Testing Required? Yes D Is Periodic Atmospheric Testing Required? Yes D No D No D Intervals: ---- AUTHORIZATION: D ENTRY: Entry is permitted on the date and time and for the duration specified above. Signature of Authorizing Entry Supervisor: -------------- D CANCELLATION: All entrants have exited the space and this Permit is cancelled. Signature of Authorizing Entry Supervisor: -------------- Describe problem(s) encountered during entry: ------------------ Hot Work can be performed within this permit-required space: Yes D No D Hot Work Permit issued: Yes D No D Number: ______ Date: ____ _ Other Permits issued: Yes D No D Type:-------------- ATTACHMENTS: To be valid, Entry Permit must have following completed attachment(s): Key Item Check List for Confined Space Entry Yes D No D Confined Space Emergency Rescue and Retrieval plan Yes D No D Confined Space Entry and Exit Log(s) Yes D No D Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.19 CONFINED SPACE ENTRY AND EXIT LOG Each authorized entrant within the permit space must be tracked by means of this ENTRY AND EXIT LOG. This will enable the Safety Watch (Attendant) to determine quickly and accurately which authorized entrants are inside the permit space. Job Site: ___________________ Job No.: ________ _ Location/Description of permit space: ____________________ _ Shift: Shift Supervisor:-------------------- Entry Authorized: From: To: _______ Date: ______ _ Printed Name of Authorizing Entry Supervisor: ----------------- 1 dent i ty of Rescue and Retrieval Team: -------------------- EMERGENCY TELEPHONE NO.------------- Name of Attendant/Safety Watch: Name: ______________ Social Security No.: _________ _ Time ON ____ Time OFF____ Time ON ____ Time OFF ___ _ Time ON Time OFF Time ON Time OFF ---- Name of Relieving Attendant/Safety Watch: Name: --------------Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ----- Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ____ _ Name of Authorized Entrant(s): Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ----- Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ----- Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ___ _ Time IN Time OUT Time IN Time OUT ---- Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ____ _ Name: Social Security No.: _________ _ Time IN Time OUT Time IN ____ Time OUT ____ _ Time IN Time OUT Time IN Time OUT ____ _ Attach as many Confined Space Entry and Exit Logs to the Confined Space Entry Permit as may be necessary to cover the duration of the Permit. Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services, Inc. Corporate Safety Manual 8-1.20 KEY ITEM CHECK LIST FOR CONFINED SPACE ENTRY Key Item Confined Space Entry Program • Is a confined space entry program in affect? • Have all procedures been reviewed and understood? • Is it a permit required confined space , and if so , has a written permit been completed prior to entry? • Have attendants been fully trained in thei r duties? • Have entrants been fully trained in their assignment? Isolation of Confined Space • Have Lock-Out &Tag-Out procedures been followed? • Are all power sources "OFF " and locked out? • Has all electrical equipment been bonded and ground? • Has rotating equipment been locked-out or equivalent? • Have all supply lines been broken and/or blanked Off? • Have all drain valves been locked-open and tagged? • Have all contents been removed and space flushed? • Has area been barricaded and warning signs posted? Atmosphere of Confined Space • Has confined space been purged? • Have flanges/access doors been removed and/or manholes opened? • Has continuous ventilation been provided? • Oxygen level maintained over 19.5% and less than 23.5%? • Is continuous air monitoring equipment in operation? PPE and Safe Work Area • Have supplied-air, SCBA or other approved respirators been provided? • Are full body harnesses with appropriate D-rings provided? • Has all personal protective equipment been provided?D Rescue and Retrieval • Has a rescue and retrieval plan been prepared? • Are trained personnel prepared to respond? • Has rescue equipment been provided at entry point? • Have alarms and communication devices been tested? • Have emergency telephone numbers been posted? • Is a copy of rescue and retrieval plan attached to permit? • Has rescue team been alerted to work assignment? • Will unauthorized personnel be prevented from attempting a rescue? Procedure 8-1 Confined Space / Vessel Entry Eagle Remediation Services , Inc. Corporate Safety Manual 8-1.21 Yes D D D D D D D D D D D D D D D D D D D D D D D D D D D D D No D D D D D D D D D D D D D D D D D D D D D D D D D D D D CORPORATE SAFETY MANUAL Procedure No. Date: 8.2 2/21/2008 Eagle Remediation Seroices, Inc. DRIVER SAFETY & COMPLIANCE Revision: l Total pages: 15 1.0 PURPOSE To assist Branch Management in meeting the standards of the United States Department of Transportation, Federal Motor Carrier Safety Regulations 49 CFR and/or State and Local Regulations. 2.0 SCOPE This section applies to all Eagle operations. These rules are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate or intrastate commerce. 3.0 POLICY Note: The same regulations pertaining to interstate commerce may also be applicable to intrastate transportation. A check of each individual state may be required . Refer to Appendix B. It is the policy of the Eagle to voluntarily comply with all requirements and regulations of the Department of Transportation's (DOT) Federal Motor Carrier Safety Program. 4.0 WHO MUST COMPLY These rules are applicable to all Eagle Branches and each of its drivers who operates a Commercial Motor Vehicle (CMV) and to any operator of a motor vehicle who is required , by law , to have a Commercial Drivers License. 4.1 Exemptions Drivers of Company vehicles which are not designated as Commercial Motor Vehicles (CMV) and who are not required to have Commercial Drivers Licenses (CDL) are not covered by the Federal Motor Carrier Safety Regulations. This includes drivers of Company pickup trucks . Review the definitions for a Commercial Motor Vehicle (CMV) and Commercial Drivers License (CDL) as defined in paragraph 5.0 of this section. Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-1 5.0 DEFINITIONS The following is only a partial listing of definitions applicable to all drivers of commercial motor vehicles that have a gross vehicle weight rat ing 10 ,001 pounds or more . • Alcohol or Alcoholic Beverage -means : (a) beer as defined in 26 U.S .C . 5052(a) of the Internal Revenue Code of 1954 , (b) wine not less than one-half of o ne per centum of alcohol by volume , or (c) distilled spirits as defined in section 5002(a)(8) of s uch code . • Alcohol Concentration -The concen tration of alcohol in a person 's blood or breath. When expressed as a percentage , it means grams of alcohol per 100 milliliters of blood or 100 millig ra ms of alcohol per 210 liters of breath . • Commercial Driver's License (COL) -An operator's license that is required to operate the following classes of commercial motor vehicles in either intrastate or interstate commerce : a . With a Gross Comb i nation Weight Rating (GCWR) of 26 ,001 or mo re pounds , inc lu s ive of towed unit with a Gross Vehicle Weight Rating (GVWR) of mo re than 10 ,000 pounds ; or b. With a GVWR of 26 ,001 o r more pounds ; or c. Designed to carry 16 or more passengers , including the driver; or d. Any vehicle transport ing a quantity of hazardous materials requiring placard ing . • Commercial Motor Vehicle (CMV) -Means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property , if the vehicle: a . Has a Gross Vehicle Weight (GVW) of over 10 ,001 pounds ; b. Is designed or used to transport more than 8 passengers, including the driver, for compensation ; c . Is used in transporting material found to be hazardous under the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulat ions (49 CFR 172 , Subpart F). • Company Vehicle -Any motor vehicle owned , leased or rented by Eagle or any of its Branches. Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-2 • Controlled Substance -has the meaning such term has under Section 102(6), of the Controlled Substances Act (21) U.S.C . 802(6) and includes all substances listed on schedules I through V , of 32 CFR 1308, as they may be revised from time to time. • Driver -Any person or employee who operates a motor vehicle. This means any person who operates a commercial motor vehicle which includes, but is not limited to , full time regularly employed drivers, casual, multiple-employer driver or occasional drivers , leased drivers and independent owner-operated contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle the direction of or with the consent of the employer. For the purpose of pre-employmenUpre-duty testing only , the term "driver" includes a person applying to Eagle to drive a commercial motor vehicle. • Employee -May be one or more of the following: a. Any driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle) or any driver engaged in the operation of a vehicle for the purpose of interstate commerce ; b. A mechanic; c . A freight handler or warehouse person ; d. Any individual , other than an employee who in the course of his/her employment directly affects commercial motor vehicle safety. Such term does not include an employee of the United States , any State , any political subdivision of a state, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment. • Motor Carrier -means a for-hire or private motor carrier. The term includes a motor carrier's agents , officers and representatives, as well as employees responsible for hiring , supervising, training , assigning, or dispatching of drivers and employees concerned with the installation, inspection and maintenance of motor vehicle equipment and/or accessories. Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services , Inc. Corporate Safety Manual 8.2-3 • On-duty time -means all time from the time the driver begins work or is required to be in readiness to work unti l the time he/she is relieved from work and all responsibility for work. "On duty time" shall include : a . All driving time; b. All time inspecting, servicing , conditioning any commercial motor vehicle at any time ; c. All time loading or unloading a vehicle, assisting in the loading or unloading , attending a vehicle being loaded or unloaded , or remaining in readiness to operate the vehicle ; d. All time spent performing the driver requirements relating to accidents; e. All time spent repairing , obtaining assistance, or remaining in attendance upon a disabled vehicle; and f . All time performing any other job , and being compensated for, suc h as truck maintenance , part time work, etc. Note: This also includes any time working for other employers . • Truck -Any self-propelled vehicle, except a truck tractor, designed and/or used for transportation of property . 6.0 GENERAL The purpose of the Federal Motor Carrier Regulations is to promote safety of operations on the nation 's highways, not only for the general driving public but also for the carriers and their drivers . The use of qualified drivers to operate motor vehicles engaged in the transportation of property and passengers is one of the most important steps towards this goal. 6.1 Driver Qualifications -The qualifications prescribed for drivers subject to these regulations include those areas which have been found to have primary significance in providing safety conscious drivers for the motor carrier industry . The regulations specify that our drivers, in order to be qualified to drive a motor vehicle, must: Procedure 8.2 • Be at least 21 years old • Be able to read and speak English sufficiently to converse with the general public, to understand highway traffic signs and signals that are in the English language , to respond to official inquiries, and to make entries on reports and records; Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-4 • Be able to, by reason of experience, training or both, safely operate the type of motor vehicle he or she will drive; • Be physically qualified to drive a motor vehicle and be able to pass a DOT required physical examination in accordance with government regulation 49 CFR Sec. 391.41; • Be able to successfully pass a substance abuse test as may be required by federal or state DOT ; • Be in possession of a current valid motor vehicle operator's license issued from a state or jurisdiction, have a satisfactory driving record, and if a CDL is required , be able to certify possession of only one license with the appropriate endorsement; • Be able to furnish Eagle with copies of motor vehicle driving records from all states in which the driver has held license(s) in the past three (3) years, to include a list of all motor vehicle violations or the certificate as required by 49 CFR Sec. 391.15. (If a CDL license is required, the driving history must cover ten (10) years); and • Be able to successfully complete a d river's road test in the type of vehicle to be driven, or be able to present an operator's license or a certificate of road test which Eagle will accept as equivalent to a road test. (Refer to Paragraph 9.1 of this section). If a driver's qualification certificate from a previous employer is accepted, Eagle must contact that employer to verify the validity of the certificate. Note: There is a DOT requirement that an employer recall a qualification certificate if it learns that the driver is no longer qualified. While Eagle is responsible for complying with these requirements, Eagle may use an agent, such as a leasing company , to perform certain required regulatory procedures. However, the overall responsibility for compliance with the regulations still rests with the Company. Therefore, Eagle personnel charged with the responsibility for administering our driver qualification program in each Branch must make certain each driver qualifies under each of the requirements listed above. 7.0 COMPANY RESPONSIBILITIES (DRIVING POSITION) Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-5 Eagle is required by law to comply with the hiring practices for drivers as established by the Federal Motor Carrier Safety Regulations. These include the following: • The Company will require all applicants for a driving position to complete a DOT approved Drivers Application for Employment form which contains additional information required by the DOT and not normally found on Eagle 's general application form . • The Company must make an annual inquiry to the appropriate agency of every state in which the driver held a commercial motor vehicle operator's license or permit during the time period . A copy of the response from each agency must be kept in the driver's qualification file along with a note pertaining to the annual review of the driving record . • Conduct an investigation into the applicant's past employment record by utilizing personal interviews, telephone interviews , letters, or any other method of obtaining information. Responses to these investigations must be in writing and made a part of the applicant's qualification file . Past three (3) years are necessary for a general driver and past ten (10) years for a commercial driver. • The Company will conduct inquiries of the applicant's past driving record in every state in which the applicant held a drivers license or permit. Responses to these inquiries must be in writing and made a part of the applicant 's qualification file. Past three (3) years are necessary for a general driver and past ten (10) years for a commercial driver. • The Company will not hire anyone for a driving position who has an unsatisfactory driving record nor will the Company require or permit an employee to operate a company motor vehicle unless that individual is qualified to operate that vehicle . • The Company is required, in the case of those applicants applying for a commercial driver's license, to ensure that the applicants undergo drug and alcohol testing prior to employment. • The Company will conduct an six month review of the driving record of each driver it employs to determine whether that driver meets the minimum requirements for safe driving or if the driver should be disqualified from operating a motor vehicle . Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2 -6 7.1 Unsatisfactory Driving Record Procedure 8.2 The following can be used to determine if a driver has an unsatisfactory motor vehicle driving record (MVR): 7.1.1 For New Hires (Driving Positions) The applicant should not be hired for a driving position if his/her driving record contains the following : a . Any record of a DUI/DWI/OUI alcohol or drug-related driving offense within the past three (3) years ; or b. Any three (3) moving violations and/or preventable accidents w ithin a 24-month period . 7.1.2 Existing Employees (Driving Positions) Should it come to the attention of Eagle that an existing employee , whose position requires driving a Company vehicle , is the recipient of any of the following violations , then appropriate disciplinary action must be taken : a. Any two (2) moving violations and/or preventable accidents within the past twelve (12) months mandates the disciplinary action of removing the employee from driving any Company vehicle . b . Any three (3) moving violations and/or preventable accidents within the past twenty-four (24) months requires disciplinary action to include a written warning , three (3) days probation and driver retraining . c . Any Driving While Under the Influence (DUI), Driving While Intoxicated (DWI), or Operating Under the Influence (OUI) of alcohol , or any drug-related driving offense , within the past twelve (12) months requires the immediate disciplinary action of removing the employee from a driving position for a period of at least one (1) year following the conviction , and if the offense is considered serious enough, termination of employment may be warranted . d . Any preventable motor vehicle accident within the past twelve (12) months while operating a Company motor vehicle resulting in either personal injury or property damage requires disciplinary action of removing the employee from a driving position , and if the offense is considered serious enough , termination of employment may be warranted . e. Gross misconduct as defined in Eagle disciplinary policy and/or safety rules & regulations requires disciplinary action of removing the employee from a driving position , and if the offense is considered serious enough , termination of employment may be wa rranted. Driver Safety & Compliance Eagle Remediation Services , Inc. Corporate Safety Manual 8.2-7 8.0 DRIVER RESPONSIBILITIES Each employee of Eagle, whose duties normally include those of a "driver", must comply with the following requirements : • Drivers who are required to have a Commercial Driver's License (CDL) must use a Notification of Conviction or Violation form to furnish the Company and the state in which their driver's license was issued, a list of all violations of state or local laws relating to motor vehicle traffic control, other than parking , of which the driver has been convicted or has forfeited bond or collateral , regardless of whether the violation occurred in a company or privately owned vehicle , within thirty (30) days of the conviction. • All drivers must report either a suspension or revocation immediately in writing to their Branch Manager. a . Immediately is defined , as the day the driver becomes aware of or is notified of the suspension or revocation. b. All drivers that have received a court ordered suspension or revocation where the court grants to, from and while at work , will not be allowed to operate a Company vehicle . Eagle will not assure the liability for a driver with limited driving privileges (e.g., day license). • All drivers must immediately report to the Eagle Corporate Safety Office, whenever any state or federal Department of Transportation personnel stop them for the purpose of conducting a roadside inspection . Drivers must also make copies of any inspection forms given to them as a result of these roadside inspections and are to immediately forward these copies to Corporate Safety. Procedure 8.2 • Be able to, by reason of experience, training or both, determine if the cargo being transported has been properly located, distributed , and secured in or on the motor vehicle being driven ; • Be familiar with the methods and procedures for securing cargo in or on the motor vehicle being driven; Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-8 9.0 EXAMINATIONS AND TESTS 9.1 Road Test No employee will drive a Company vehicle unless he/she has successfully completed a road test on equipment similar to that which he/she has been hired to operate and has been issued a certificate indicating completion of such a test. The test must be given by a person who is competent to evaluate and determine whether the person who takes the test has demonstrated he/she is qualified to operate the vehicle. The road test must include , at a minimum, at least the following : • A Pre-Trip Inspection of the vehicle ; • Coupl ing and uncoupling of combination units , if required ; • Placing the vehicle in operation ; • Use of the vehicle 's controls and emergency equipment ; • Operating the vehicle in traffic ; • Turning the vehicle; • Braking and slowing the vehicle by means other than using the brakes; and • Backing and parking the vehicle . Although it is not usually recommended, the road test may not be required , if the Company accepts a valid Commercial Driver's License issued by a state for operation of a similar vehicle , as equivalent to the road test. However, a non-Commercial Driver's License is not considered the equivalent of a road test. 9.2 Written Examination The Company is no longer required to provide the applicant with a written examination. Applicants for a Commercial Driver 's License will be required to complete a written examination provided by the licensing agency. 9.3 Medical Examination Procedure 8.2 No employee of Eagle may drive a Company vehicle unless he/she has physically qualified to do so as evidenced by successfully completing a medical examination as prescribed by the Department of Transportation. Drivers are required to undergo this medical examination every two years unless directed by a physician to do so more frequently. The medical examinat ion must be performed by a licensed health care professional. Upon the successful completion of the medical examination , the driver must be issued a Medical Examiner's Certificate attesting to this . Department of Transportation regulations requ ire the driver to have either the original of this certificate or a photographic copy of the certificate on his or her person while operating a motor vehicle. Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-9 9.4 Alcohol and Drug Test (Refer to Section 12-2 of this Corporate Safety Manual) All drivers having a Commercial Driver 's License (CDL) are required to take a pre-employment alcohol and drug test to determine that the driver does not have a current clinical diagnosis of alcoholism or a dependency on any drugs not prescribed by a licensed medical practitioner. CDL drivers are also required to undergo random drug testing during their period of employment. 10.0 DRIVER'S DAILY LOG Normally , drivers operating a Commercial Motor Vehicle (CMV) must record in a Driver's Daily Log Book, their hours of service in order to comply with the requirements set forth in the Federal Motor Carrier Safety Regulations 49 CFR 395 ; 10.1 Exempt Drivers Procedure 8.2 General driving personnel employed by Eagle are exempted from this requirement, as long as they fall within the following categories : • The driver operates within a 100 mile-radius of his or her normal work reporting location; • The driver, except a driver salesperson, returns to his/her work reporting location and is released from work within twelve (12) consecutive hours ; • The driver has at least eight (8) consecutive hours off work separating each twe lve (12) hours on duty ; • The driver does not exceed ten (10) hours maximum driving time following eight (8) consecutive hours off duty or sixty (60) hours on duty time in any seven (7) day period; and • The Branch that employs the driver must maintain for a period of six (6) months, accurate and true time records showing : a. The time the driver reports for duty each day; b. The total number of hours the driver is on duty each day ; c . The time the driver is released from duty each day ; and d . The total time for the preceding 7 days in accordance with 395.80)(2) for drivers used for the first time or intermittently (Exhibit 4). Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-10 Procedure 8.2 Non-Exempt Drivers Should a driver's day, trip , etc ., make him or her ineligible for the above exemption , then the driver will be required to complete the Driver's Daily Log Book and carry the past seven (7) days of his /her hours of service record of duty status. • Eagle requires each of its non-exempt drivers to record their duty status for each 24-hour period using the methods prescribed in the Driver 's Daily Log by the Departme nt of Transportation . • Each non-exempt driver who operates a commercial motor vehicle is required to record his/her duty status , in duplicate , for each 24- hour period . The duty status must be recorded on the specified grid of the Driver's Daily Log. • The duty status shall be recorded as follows : • "Off duty" or "OFF " • "Driving "or "D" • "On -duty not driving " or "ON " For each change of duty status , (e .g., the place of reporting for work , starting to drive , on-duty not driving , and where released from work), the name of the city, town , or village , with state abbreviation , shall be recorded . The driver's activities and the following information must be included on t he form in addition to the grid : • Date ; • Total miles driving today ; • Truck or tractor and traile r number; • Name of Motor Carrier; • Driver's signature/certification ; • 24-hour period starting time ; • Main office address ; • Remarks; • Total hours (fa r right edge of grid); and • Shipping document number(s), or name of shipper and commodity . Entries must be current and can only be made by the driver. Failure to complete the record of duty activities of his section or failure to preserve a record of such duty activities, or making false reports in connection with such duty activities will make the driver and/or Eagle liable to prosecution. Driver Safety & Compliance Eagle Remediation Services , Inc . Corporate Safety Manual 8.2-11 11.0 TRIP INSPECTIONS AND EMERGENCY EQUIPMENT All drivers must comply with the inspection requirements of the Federal Motor Carrier Safety regulations 49 CFR 396.11 and 396.13 . Specifically this means, at a minimum, performing a Pre-Trip and Post-Trip Inspection each day. 11.1 Pre-Trip Inspection The driver must make a Pre-Trip Inspection of the vehicle in order to be assured that the following items are safe and in good working order: • Service brakes , including trailer brake connections • Parking brake • Steering mechanism • Lighting devices and reflectors • Tires • Horn • Windshield wipers • Rear vision mirrors • Coupling devices After performing the Pre-Trip Inspection, the driver completes a Driver's Vehicle Inspection Report form. A copy of the last driver vehicle inspection report form is no longer required to be carried in the truck since it is not considered a primary factor in a decision to conduct a roadside inspection. 11.2 Post-Trip Inspection After completing the trip, the driver is again required to conduct an inspection of the vehicle, entering the Post-Trip Inspection results onto a Driver's Vehicle Inspection Report form . This report must be in writing and must be retained for a minimum of ninety (90) days. A copy of the previous day's Post-Trip Inspection form must be carried in the motor vehicle. 11.2 Emergency Equipment The driver is responsible for satisfying himself or herself that specified CMV parts, accessories and emergency equipment are in good working order, and that it is his/her responsibility to use this equipment as needed. Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-12 12.0 ANNUAL INSPECTION REQUIREMENTS The Department of Transportation (DOT) requires Eagle to inspect each of its commercial motor vehicles , those over 10 ,000 pounds gross vehicle we ight, on at least an annual basis in compliance with 49 CFR 396 . All Company veh icles , which are over 10 ,000 pounds gross vehicle weight , must meet the requirements of the Federal Motor Carr ier Safety Regulations parts 49 CFR 390 .21 and 393 . 13.0 MARKING OF COMMERCIAL MOTOR VEHICLES Every Company owned , leased or rented commercial motor vehicle , which is a self-propelled motor vehicle over 10 ,000 pounds gross vehicle weight , operated in interstate commerce and subject to the Department of Transportation 's Motor Carrier Safety Regulations , must be marked in such a manner as to display the following informat ion : • The name or trade name of Eagle operating the self-propelled motor vehicle ; • The city or community and state (name abbreviated), in which Eagle maintains its principal place of business or in wh ich the vehicle is customarily based ; and • Eagle 's motor ca rrier identification number, if issued by the FHWA , preceded by the lette rs "USDOT". 13.1 Size, Shape , Location, and Color of Marking Procedure 8.2 The size , shape , location and color of the marking must be as follows : • Appear on both sides of the motor veh icle ; • Be in letters that contras t sharply in colo r w ith the background on which the letters appear; • Be readily legible , during daylight hours , from a distance of 50 feet while the vehicle is stationary ; and • Be kept and maintai ned in a manner as to remain legible. Driver Safety & Compliance Eagle Remediation Services, Inc . Corporate Safety Manual 8.2-13 13.2 Assigned DOT Numbers The following DOT numbe rs have been assigned to Eagle by the U.S . Department of Transportation : 14.0 ACCIDENTS An accident is when there is an occurrence involving a Company motor vehicle which weighs over 10 ,000 pounds gross vehicle weight that is operating on a public road which results in one or more of the follow ing: • A fatality; • Bodily injury to a person who , as a result of the injury , immediately receives medical treatment away from the scene of the accident ; or • One or more motor vehicles incurring disabling damage as a result of the accident , requiring the vehicle to be transported from the scene by a tow truck or other means. 14.1 Accident Reporting and Recordkeeping Procedure 8.2 Upon being notified of an accident, Eagle must complete an accident register which shall contain at least the following information: • Date of accident ; • City or town in which or most near the accident occurred and the state the acc ident occurred in ; • Dr iver name ; • Number of injuries; • Number of fatalities ; and • Whether hazardous materials , other than fuel spilled from the fuel tanks of vehicles involved in the accident , were released. Copies of these accident reports that are required by the state , other governmental ent ities or insurers must be filed , as required. Eagle is required to mainta in copies of t hese accident reports for a period of at least one year following the date of the accident. Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-14 15.0 RECORDS AND RETENTION The following records and their respective retention periods are a requirement of the Department of Transportation : 15.1 Record of Duty Status (logbook) The Driver's Record of Duty Status for each calendar month must be maintained at the driver's Branch and must be retained for a period of two (2) years following the driver's last day of employment. These records must be made available at "the employer's principal place of business" within two (2) business days after a request is made by the Federal Highway Administration . The driver shall retain a copy of each Record of Duty Status for the previous seven consecutive days which shall be in his/her possession and available for inspection while on duty . 15.2 Driver Qualification Files The driver's qualification files must be maintained at the driver's Branch and must be retained for a period of two (2) years following the driver's last day of employment. These records must be made available at "the employer's principal place of business " within two (2) business days after a request is made by the Federal Highway Administration. 15.3 Driver Daily Inspections The original of the driver's daily inspection report and the certification of repairs for at least the past three (3) months must be maintained at the location in which the vehicle is garaged. 15.4 Vehicle Maintenance Records Vehicle maintenance records must be retained for a period of one (1) year. These records must also be retained for the six (6) month period following the termination of the vehicle from Eagle's control. 16.0 ADVERSE CONDITIONS Each Branch having drivers that qualify under this section, are required to develop their own safety policies and procedures for operating a commercial motor vehicle when adverse environmental conditions limit visibility or reduce traction . 17 .0 DOT REGULATIONS The complete text for the DOT regulations can be found in the Federal Motor Carrier Safety Regulations Handbook . Driver qualification files with required forms , driver vehicle inspection reports, daily logbooks , etc. are available from various organizations such as the American Trucking Association at 781-270- 6880 or the J .J. Keller & Associates at 800-558-5011 . Procedure 8.2 Driver Safety & Compliance Eagle Remediation Services, Inc. Corporate Safety Manual 8.2-15 CORPORATE SAFETY MANUAL Procedu re No. Date: 8.3 2/21/2008 Eagle Remediation Services, Inc. ELECTRICAL & GROUND FAULT PROTECTION Revis ion: 1 To ta l pa ges : 10 1.0 PURPOSE To clarify requi rements fo r assuring elect rical safety and ground fault protection . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY Only qualified personnel will be allowed to perform any type of electrical work. Any electrical work accomplished by Eagle will be in accordance with the National Electrical Code (NEC), unless otherwise provided by OSHA regulations . No employee will be permitted to work in any area , in such proximity to any part of an electric power circuit that he/she may contact same in the course of this work , unless the employee is protected against electric shock by de-energizing the circuit and grounding it or by guarding it effectively by insulation or other means. 4.0 GENERAL It takes very little electric cu rrent to kill , less than one -tenth of an ampere . With good contact , 115 volts is more than sufficient voltage to cause death. There have been fatal electrical shocks where voltage as low as 60 to 70 volts was involved. Temporary electrical distribution systems used on Eagle projects must be designed and installed to prov ide adequate power for maximum anticipated loads as well as positive electrical protection for the workers. Consideration must be given to provide sufficient lighting and sufficien t power to run all electrical equipment required on the project from Ground-Fault Circuit Breaker panels or through systems utilizing Ground-Fault Circuit Interrupters . Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.1 5.0 TRAINING The training requirements contained in this section apply to employees who face a risk of electrical shock that is not reduced to a safe level. For purposes of this section, employees are divided into two categories, unqualified and qualified. 5.1 Unqualified Employees Unqualified employees are employees who , because of a lack of sufficient training or experience, are not permitted to work on or near exposed energized parts or equipment. These employees will be trained in and be familiar with all electrically related safety practices . 5.2 Qualified Employees Qualified employees are employees who, due to either their training or experience, are permitted to work on or near exposed energized parts or equipment. These employees will be trained in safety related work practices that pertain to their respective job assignments , skills and techniques to distinguish live parts and the normal voltage of exposed live parts , and clearance distances . 6.0 APPROVAL All electrical equipment used by Eagle will be UL approved equipment. 7 .0 ELECTRICAL CORD SETS Electric cord sets passing through work areas will be covered or elevated, whenever feasible , to protect them from damage which could create a hazard to employees . 7.1 Power Cords For AFD'S Electrical cord sets used with Negative Air Handling Units (AFD's) must not be smaller than 10-3 . Pig-tail units are not to be used with AF D's and extension cords. An appropriate 10-3 power cord, with the correct type of plug on each end, must be the only cord used to power these units. Inferior type cords or smaller size cords, when used with the AFD, have the potential to cause a fire and must not be used. 7 .2 Extension Cords Procedure 8.3 Extension cords used with portable tools must be the 3-wire type, no smaller than 12-3. They will be protected from damage and will not be fastened with staples, hung from nails, or suspended from wires . Extension cords must be inspected frequently and all cords found to be worn or frayed, to have cuts in the insulation repaired with tape, to have splices which have not been made with soldered wire connections and insulation equal to the cable, to have insulation pulled back away from the plug or receptacle or which have the grounding lug removed , must be taken out of service immediately and either destroyed or tagged out for repair . Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.2 7.3 Temporary Light Strings Temporary lights must be equipped with heavy duty electric cords with connections and insulation maintained in safe condition . Except where bulbs are deeply recessed in the reflector, all bulbs on temporary light strings must be equipped with appropriate guards. Temporary light strings must not be suspended from their electric cords unless they are designed for this type of suspension. Splices must have insulation equal to that of the cable . Temporary electric lights used in drums , tanks and vessels must be operated at a maximum of 12 volts. Light strings should be elevated to a height where they are not in the way of moving traffic. 7.4 Attachment Plugs All receptacles and attachment plugs will be of the approved concealed contact type. Where different voltages or types of current are supplied, receptacles and attachment plugs will be of the design that prevents interchanging attachment plugs. Pig-tail units must not be used in lieu of the correct receptacle or attachment plug . "Cheater" plugs are not allowed. Any grounded plug that has had the grounding terminal pulled or ripped off must be taken out of service immediately. 8.0 INSULATION A daily inspection of the insulation on electric cords must be conducted in order to determine if the insulation is either worn or frayed. Worn or frayed electric cords or cables must be replaced immediately. 9.0 GUARDING All live parts of electrical equipment, operating at 50 volts or more, must be guarded against accidental contact. Entrance to rooms containing exposed live electrical parts must be marked with conspicuous warning signs . Guarding of electrical parts can be accomplished by the following: • Enclosure -place the electrical equipment inside an enclosed area where no one can come in contact with it; • Partitioning -partition off the electrical equipment so that no one can come in contact with it; • Location -locate the electrical equipment in an out-of-the-way location where no one can come in contact with it; or • Elevation -elevate the electrical equipment high enough so that no one can come in contact with it. 10.0 OVERCURRENT Make certain the electrical equipment has over-current protection that will protect the worker against shock by interruption of the current and that this over-current protection is easily accessible. Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.3 11.0 GROUNDING Grounding of equipment connected by cord or plug , exposed non-current carrying metal parts of cord and plug connected equipment that may become energized must be grounded in all situations. Portable tools protected by an approved system of double insulation, or its equivalent , need not be grounded. In lieu of using permanent wiring on a construction job, the use of either Ground Fault Circuit Interrupters (GFCI) or an Assured Equipment Grounding Conductor Program (AEGCP) is required to protect employees working on construction sites and using temporary wiring. These requirements are in addition to any other requirements for equipment grounding conductors . Note: Remember, once an extension cord is used between the electrical appliance and the building outlet, the appliance is no longer considered to be on the building 's permanent wiring and is now judged to be on temporary w iring . 12.0 PROTECTION OF WORKERS We must not allow an employee to work near any electric power circuit that the employee could contact in the course of work unless that employee is protected against shock by: • de-energizing the circuit ; • grounding the circuit ; • identifying where any exposed or concealed energized power circuit is located ; and • notifying the employee of such hazards and of the protective measures being taken . 12.1 Passageways and Open Spaces We must ensure that our employees do not have to use passageways when energized parts of electrical equipment are exposed. Walkways and similar working spaces must be kept clear of electric cords. 12.2 Overhead Lines When working under overhead power lines is necessary, efforts should be made to either , de-energize and ground the overhead lines or to provide other protective measures before work is started . 12.3 Illumination of Work Area Employees should not be allowed to enter spaces containing exposed energized parts , unless adequate illumination is provided that will enable the employees to work safely . Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.4 12.4 Clearance Distances Employees should be advised of safe approach distances before being allowed to work in the vicinity of live elect rical circuits and of safe clearance distances before being allowed to operate vehicles or mechanical equipment in the vicinity of live circuits . 12.5 Lock-Out and Tag-Out Equipment or controls that have been de-energized must be rendered inoperative and have locks and/or tags attached at all points where such equipment or circuits can be energized , see Section 8.12 of this Manual. 12.6 Splices Electric conductors can be spliced or joined only under the following conditions : • using a splicing device which has been designed solely for this purpose ; • brazing, welding or solder ing the conductors with a fusible metal or alloy; and • covering spl ices with an insulation equivalent to that of the rest of the conductor. 13.0 Ground Fault Circuit Interrupter (GFCI) Program A protection program wherein all 120 volt, single-phase , 15 and 20 ampere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, must have either an approved Ground Fault Circuit Interrupter (GFCI) or an approved Ground Fault Circuit Breaker to provide protection for those employees . Since extension cords are considered temporary wiring, they must only be used with ground fault circuit protection. 13.1 Competent Person A competent person(s) should be designated to oversee and implement this program . 13.2 ASBESTOS WORK AREAS Procedure 8.3 All receptacle outlets used by employees within an asbestos removal area , where wetness and dampness are a necessary part of the removal process , must be protected by either a portable GFCI or a Ground Fault Circuit Breaker panel , regardless of whether or not these receptacle outlets are a part of the permanent building wiring. Electrical & Ground Fault Protection Eagle Remediation Services , Inc. Corporate Safety Manual 8.3.5 14.0 ASSURED EQUIPMENT GROUNDING CONDUCTOR PROGRAM Each unit working on a construction site, where electric cord sets, extension cords or receptacle outlets are not a part of the permanent building or structure wiring , and where GFCl's are not in use, must have an Assured Equipment Grounding Conductor Program (AEGCP). The program must include each of the above items, as well as any equipment that is connected by cord and plug, which is either available for use or is being used by employees . Required by 29 CFR 1926.400. The AEGCP must have the following at a minimum requirement of the program: • A written description of the program; • A competent person(s) designated to implement the program; • A daily inspection of all cord sets, attachment caps, plugs and receptacles of cord sets, and any equipment connected by cord and plug, to determine external defects , deformed or missing parts, insulation damage, or indication of internal damage, any of which requires that the damaged or defective equipment not be used until it is appropriately repaired . 14.1 Testing Procedure 8.3 The following tests must be performed on all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and cord and plug connected equipment required to be grounded: A) All equipment ground ing conductors must be tested for continuity and must be electrically continuous. B) Each receptacle and attachment cap or plug must be tested for the correct attachment of the equipment grounding conductor, and the equipment grounding conductor must be connected to its proper terminal. C) Each of the above tests must be conducted: • before each use; • before equipment is returned to service , following repairs; • if there is reason to believe the equipment may have been damaged (for example, if an extension cord has been run over by a truck); and • at intervals not to exceed three (3) months. Electrical & Ground Fault Protection Eagle Remediation Services , Inc. Corporate Safety Manual 8.3.6 14.2 Recordkeeping The test must be recorded . The test record must identify each cord set , receptacle and cord and plug connected equipment that passed the test , and should indicate the interval for which it was tested . This record must be made available on the jobsite for inspection. 14.3 Exemption Unless required by the contract, the use of an Assured Equipment Grounding Conductor Program is exempted when all temporary wiring and equipment is protected by a properly operating and tested GFCI system. 15.0 UNKNOWN ELECTRICAL HAZARDS In order to protect our employees from unknown electrical hazards , and to comply with 29 CFR 1926.416 , it will be the responsibility of each supervisor assigned to an Eagle project to ascertain if there are any live parts of electrical equipment or ungrounded voltage carrying wires which our personnel could accidentally come in contact with . Should this condition be shown to exist , appropriate protective measures must be taken prior to allowing our personnel to begin work. In order to protect our personnel from these hazards , the following actions must be taken: • Before work is begun , the supervisor must ascertain by inquiry , direct observation , or by electronic instruments , such as the Tick-Tracer, whether any part of an electrical power circuit, exposed or concealed , is so located that the performance of the work may br ing any person, tool or machine into physical or electrical contact with the power circuit. The supervisor must post and maintain appropriate warning signs where such a hazard exists . He must advise all personnel of the location and extent of the hazards involved and of the protection measures to be taken . Personnel who are required to work in the vicinity of such hazards will be allowed to do so only after adequate protection measures have been taken and while they are under the direct visual observation and control of an experienced supervisor. • Equipment or circuits that are de-energized must be rendered inoperative and have locks and/or tags at all points where such equipment or circuits can be energized. Controls that are to be deactivated during the course of the work in energized or de-energized equipment or ci rcuits must be locked and/or tagged out. Tags must be placed to clearly identify the equipment or circuits being worked on . (Refer to Section 8 .12 , Lock Out/Tag Out Procedures). • With the possible exception of portable tools and appliances which are protected by an approved system of double insulation, all non-current carrying metal parts of portable and/or plug connected equ ipment must be adequately grounded . Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services , Inc. Corporate Safety Manual 8.3.7 • All exposed non-current carrying metal parts of fixed electrical equipment , including motors , generators, frames and tracks of electrically operated cranes , electrically driven machinery , etc., must have effective grounding. • Every reasonable precaution must be taken to ensure that any necessary open wiring is inaccessible to unauthorized personnel. • Light bulbs in permanent sockets must have appropriate guards or be covered by a plastic globe . This is to prevent breaking the bulb and exposing an electrical hazard , as well as to prevent breaking a glass globe and presenting the danger of a cutting hazard . • Whenever any situation is detected in which the potential for an electrical hazard is either thought or known to be present , it is the responsibility of the individual recognizing this potential hazard to immediately advise a supervisor of the situation . The supervisor , in turn and without delay , must take the necessary steps to ensure that all personnel in the immediate vicinity of the hazard are quickly vacated and that, if warranted , suitable barricades are erected to prevent contact. The supervisor must then contact the first available Branch Health and Safety Officer and advise him/her of the situation . Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.8 ASSURED EQUIPMENT GROUNDING CONDUCTOR PROGRAM Job Name : ____________ _ Job Number: ___________ _ Job Location: ______________________________ _ LOG OF TEST DATES* Description of Initial Retest Item Tested Test Codes Code A B or C * Enter date the test was actually performed , together with the initials of the individual who performed the test, in the appropriate column based on the reason for the test in accordance with the following : Code When Test Must Be Performed A Before first use of the item. B Before returning an item to service following repairs . Yellow C After any incident suspected to have caused damage to the item. D Once in each quarter. Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual Quarterly January Code D 8.3.9 Quarterly Quarterly Quarterly April July October Code D Code D Code D CONDUCTOR TEST RECORD -Color Codes M th Q rt I M thl on ua env on 1v January White White February White & Yellow March White & Blue April Green Green May Green & Yellow June Green & Blue July Red Red AugL st Red September Red & Blue October Orange O range November Orange & Yellow & Decembe r Orange & Blue KEY ITEM CHECK LIST FOR ELECTRICAL & GROUND FAULT PROTECTION Key Item Pre-Work Inspection • Has work site been suNeyed for electrical hazards? • Are appropriate warning signs posted? • Have employees been advised of electrical hazards? • Are Lock Out/ Tag Out procedures for electrical work being carried out? • Have all workers rece ived their required type and amount of electrical safety t raining? D • Can required clearances from live power be maintained? Safety Requirements • Are workers near electrical circuits? If so , is equipment grounded or power de-energized and grounded? D • Are electrical tools inspected for hazardous defects? • Are electrical tools grounded or double-in sulated? • Are double-insulat ed tools appropriately labeled? • Are electrical cabinet clearances maintained? • Are metal ladders prohibited if working around electricity? • Are areas around electrical circuits adequately illuminated? • Is there an instrume nt on the job site suitable for detecting live power circuits? Extension Cord Sets Yes No D D D D D D D D D D D D D D D D D D D D D D D D D D • Are extension cords the correct size and type for the Job? D D • Are extens ion cords protected from damage? D D • Do splices have insu lation equal to that of the cable? D D • Are grounding lugs intact? D D • Has insulation pulled back away from the pl ug or receptacle? D D • Are cords of the 3-wire type and not less than 12-3 size? D D Temporary Light Strings • Are light strings elevated off the floor and out of the way? • Are there unbroken bulbs in each of the sockets? D • • Does every socket and bulb have an appropriate guard? Are light strings hanging from nails? Ground Fault Circuit Interrupters (GFCI) • Are GFCls tested each day before use? Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.10 D D D D D D D D D • When GFCls are not being used, is an Assured Equipment Grounding Conductor Program in effect? D • Are all GFCls constructed in waterproof housings? D Procedure 8.3 Electrical & Ground Fault Protection Eagle Remediation Services, Inc. Corporate Safety Manual 8.3.11 D D CORPORATE SAFETY MANUAL Procedure No. Date: 8.4 2/21/2008 Eagle Remediation Seroices, Inc. EQUIPMENT DECONTAMINATION Revision: 1 Total pages: 9 1.0 PURPOSE To communicate the Corporate requirements for the thorough decontamination of all equipment which has been contaminated by exposure to a hazardous chemical or toxic substance and to provide for a method to identify contaminated equipment being returned from a controlled (regulated) area . To provide uniform guidelines for the decontamination of all equipment and to establish a "Hazard Disclosure Notice" which must accompany all equipment being returned to Eagle from an outside company, which has contracted for the use of Eagle equipment. To ensure that the transportation of contaminated equipment is in accordance with the applicable requirements of the Corporate Safety Program, Sections 7.2 Hazard Communication. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY It is the policy of Eagle to ensure that no employee or outside contractor is exposed to a hazardous chemical or toxic substance as a result of using equipment, which has been previously exposed to such chemical or substance . 4.0 DECONTAMINATION REQUIREMENTS Eagle requires that all equipment used on any type of project involving hazardous chemicals or toxic substances be completely decontaminated prior to its removal from the jobsite whenever possible. When jobsite decontamination is not possible, contaminated equipment may be removed to a remote location. However, prior to removal from the controlled area, the contaminated equipment must be appropriately sealed and labeled before being transported from the jobsite to a properly constructed containment holding area and then decontaminated by approved decontamination procedures before restocking or reissuing. Procedure 8.4 Equipment Decontamination Eagle Remediation Services, Inc. Corporate Safety Manual 8.4.1 5.0 IDENTIFYING CONTAMINATED EQUIPMENT Each item of equipment will be identified as either contaminated or clean prior to its removal from the controlled area. In the case of small items , such as hand tools , personal protective equipment , etc., which are packed into double bags for ease of transport, the bags will be identified as either containing all contaminated or all clean items. Visual inspection of the suspect equipment is not sufficient to determine if it is indeed contaminated . Since it is not always possible to obtain the results of sampling in sufficient time to allow removal of the equipment at the conclusion of a job, it will be Eagle policy to assume that any item of equipment, which has been exposed to either a hazardous chemical or a toxic substance is, in fact, contaminated. To facilitate this identification , two (2) labels have been developed and printed for this purpose. The labels will be a part of each new job's start-up package which is delivered to the jobsite at the beginning of the job. The labels , marked "CONTAMINATED" and "CLEAN", are color coded and must be filled out with the name of the job, the job number, the date the equipment is removed from the jobsite, and the signature of the worker who is identifying the equipment, as either contaminated or clean. In the event that a contaminated label is used, the hazard to which the equipment has been exposed must be identified. 5.1 Contaminated Equipment Procedure 8.4 Any item of equipment which has been exposed to a hazardous chemical or toxic substance will be labeled as contaminated unless that item of equipment has been properly decontaminated at the job site. In the event that only a portion of a piece of equipment has been exposed and that exposed portion can be removed and properly disposed of, leaving the balance of the equipment uncontaminated, the uncontaminated portion of that piece of equipment does not have to be cons idered contaminated. When it is necessary to remove a piece of contaminated equipment from the controlled area, the contaminated equipment must be completely sealed in plastic and one of the orange and black "CONTAMINATED" labels, such as shown in Exhibit 1, must be completed and attached to the equipment. When the contamination is asbestos, the correct asbestos label must also be attached . Equipment Decontamination Eagle Remediation Services, Inc . Corporate Safety Manual 8.4.2 5.1.1 Material Safety Data Sheet (MSDS) Whenever an item of equipment has been exposed to a hazardous chemical or toxic substance , it will be necessary to identify that particular hazard and to furnish the facility to wh ich the equipment is being returned, with the appropriate Material Safety Data Sheet (MSDS). This is necessary to inform those workers who will be handling this equipment of the safety precautions needed and the appropriate decontamination procedures necessary for this particular hazard . In the case of Asbestos , the MSDS will not be required. 5.2 Clean Equipment In order for the equipment to be identified as clean , it must have either not been exposed to a hazardous chemical or toxic substance , or if exposed, it will have been appropriately decontaminated by approved methods. When an item of equipment has been properly decontaminated , it will be identified and handled as clean . Prior to its removal from the jobsite , a "CLEAN" label will be filled out and attached to the equipment. A copy of the white and blue "CLEAN" label is also shown in Exhibit 1. 6.0 DECONTAMINATION PROCEDURES The procedures used in the decontamination of exposed equipment will vary depending upon the exposure and the hazard. For equipment exposed to asbestos , the normal procedures required by the OSHA Asbestos Standard , 29 CFR 1926 .1101 and detailed in the Corporate Safety Program , Section 10.1 Asbestos Abatement Guidelines, w ill be used whenever feasible . Items that either cannot or should not be decontaminated, must be handled as contaminated waste and disposed of accordingly . Decontamination procedures for equipment that has been exposed to haza rdous substances other than asbestos, will be outlined in the accompanying MSDS. 6.1 Uniform Guidelines Procedure 8.4 The following guidelines must be adhered to for equipment exposed to asbestos unless the supervisor at the jobsite deems it necessary to make changes based upon a particular situation . In the event this becomes necessary , the supervisor must immediately notify his/her manager and the manager of the location to which the equipment will be moved and advise them of the changes . Equipment Decontamination Eagle Remediation Services, Inc. Corporate Safety Manual 8.4.3 NOTE: The use of duct tape to wrap extension cords , pipes , scaffold ing , light cords , power cords , PAPR batteries , etc., is prohibited . When put on an item wh il e in the containment , the sticky s ide of the tape att racts and holds asbestos fibers. W he n t his tape is moved to a clean area, it has the pote nt ial for contaminating that area . Plastic ti e wraps , or electrical ties as they are sometimes known, should be used in place of the duct tape . Any items having duct tape on them must be considered as contaminated and handled as such. 6.2 Air Filtering Devices (AFD) After being used , the primary and secondary fil ters must be removed and disposed of as contaminated waste . If the HEPA filter is also removed and disposed of as ACM , then the interior of the AFD must be vacuumed w ith a HEPA filtered vacuum , the unit thoroughly wet w iped , and then the intake opening must be sealed with 6-mil poly. This unit can now be considered as clean and can be marked with a CLEAN label and shipped as non- hazardous. If the HEPA filter is not removed , and it has been used at least once , then the unit cannot be considered clean and must be handled as contaminated . All openings must be sealed with 6-mil poly and the unit marked with a CONTAMINATED label. This unit must be handled as hazardous . Flex duct must be handled as contaminated and disposed of as such . 6.3 HEPA Filtered Vacuum Systems The pre -filter should be removed and disposed of as contaminated waste. If necessary , the HEPA filter must also be removed and handled as ACM . With both filters removed , the canister should be emptied and thoroughly wet wiped , both inside and out. All openings to the canister, including the intake opening and the fan outlet , must be sealed with 6-mil poly . The unit can now be marked with a CLEAN labe l and shipped accordingly . All vacuum hoses must have each open end sealed with 6-mil poly and handled as contaminated . 6.4 Hand Tools All hand tools should be completely decontaminated at the jobsite. This should be done by vacuum ing and thorough ly washing . When cleaned , the tools should be placed in a plain double bag , labe led CLEAN and shipped. Procedure 8.4 Equipment Decontamination Eagle Remediation Services , Inc. Corporate Safety Manual 8.4.4 6.5 Materials Which Are Usually Expendable Any expendab le material , which has been contaminated should be decontaminated by the same method used for hand tools , if it is to be recovered . Otherwise , it should be disposed of as contaminated waste. 6.6 Electric Power Tools Electric power tools are the exception to the rule . They should be HEPA vacuumed and placed in a doub le plastic bag . The bag should be labeled as CONTAMINATED and shipped to the wa rehouse , where it will remain as such until shipped to the next jobsite and opened in the containment area . 6.7 Flexible Duct Whenever the interior of flexible duct has bee n contaminated , it must be disposed of as contaminated waste . However, if only the exterior has been contaminated , it can be decontaminated and labeled as CLEAN. 6.8 Scaffolds All scaffolds , scaffold planks , pies, ladders , etc., should be decontaminated by vacuuming with a HEPA filtered vacuum and then thoroughly wet wiped. All duct tape must be removed from each item and properly disposed of. They should then be labeled CLEAN and shipped . 6.9 Lumber All contam inated lumber should be disposed of as contaminated waste . 6.10 Water Filtration System The water filtration system should be thoroughly flushed out and the filters disposed of as contaminated waste. The unit should then be thoroughly wet wiped , labe led CLEAN and shipped . 6.11 Decontamination Trailers (DECON Trailers) Procedure 8.4 DEGON trailers should be decontam inated by thoroughly hosing down the contaminated areas with water. The unit's water filtrat ion system should then be cleaned as stated above . The entire unit should then be vacuumed with a HEPA filtered vacuum and thoroughly wet wiped with clean cloths. The unit can the n be disinfected , labeled CLEAN and shipped . Equipment Decontamination Eagle Remediation Services, Inc . Corporate Safety Manual 8.4.5 6.12 Personal Protective Equipment All permanent personal protective equipment must be thoroughly decontaminated , inspected, disinfected, and bagged in accordance with the provisions of OSHA's Respirator Protection Standard , 29 CFR 1910 .134 and the Corporate Safety Program, Section 7 .1 Respirator Protection. The bags should then be labeled CLEAN and shipped. 6.13 Miscellaneous Items and Other Equipment Miscellaneous items and other equipment should be appropriately decontaminated depending upon size and shape , using the approved methods of HEPA filtered vacuuming and thorough wet wip ing. Once clean, they should be labeled CLEAN and shipped . 7.0 DECONTAMINATION FACILITIES (Warehouse) A complete Material Decontamination Unit , similar to that outlined in Section 10.1 of the Corporate Safety Program for use at an asbestos jobsite , should be erected at each of the Eagle's warehouses , if contaminated material is to be brought into the warehouse for either thorough cleaning or maintenance . Where space permits , this unit should be expanded and made large enough to act as a holding area for contaminated items until they can be decontaminated. In addition to the Material Decontamination Unit, it will also be necessary to have a complete Personnel Decontamination Unit which must be used by those workers who will be doing the decontamination work . This unit must be constructed according to OSHA regulations and all applicable provisions of Section 10-1 of the Corporate Safety Program , Asbestos Abatement Guidelines , must be adhered to. When working with contaminated materials in the warehouse , the same guidelines for Asbestos Abatement (Section 10 .1 ), Medical Surveillance (section 9.1 ), and Air monitoring (Section 9.2), as noted in the Corporate Safety Program must be followed. 8.0 OUTSIDE CUSTOMERS When an outside company has contracted for the use of Eagle equipment , it shall be a part of the contract agreement to require the outside company to notify Eagle if the equipment, while under their control , has been exposed to a hazardous chemical or toxic substance. The customer must identify the hazardous chemical or toxic substance and indicate whether or not the equipment has been appropriately decontaminated and the hazard removed prior to its return to Eagle . This will involve the use of Eagle's Hazard Disclosure Notice and, if necessary, a Material Safety Data Sheet (MSDS). Procedure 8.4 Equipment Decontamination Eagle Remediation Services, Inc. Corporate Safety Manual 8.4.6 8.1 Hazard Disclosure Notice The Hazard Disclosure Notice must be completed by a supervisor of the company with whom Eagle has a contractual agreement for the use of the equipment before the equipment can be removed from the customer's jobsite. A copy of the Hazard Disclosure Notice can be found in Exhibit 2. 9.0 TRANSPORTATION AND LABELING When transporting items of equipment that have been exposed to hazardous chemicals or toxic substances, which have not been decontaminated , the transporter must comply with those applicable portions of Section 7.2 Hazard Communication of the Corporate Safety Program, concerning the labeling and transporting of hazardous chemicals. 9.1 Shipping Under no circumstances will contaminated equipment be shipped via commercial transport or common carrier unless that transport or carrier has been notified of the contamination and all applicable Environmental Protection Agency and Department of Transportation regulations governing the shipping of hazardous materials or toxic substances have been complied with. 9.2 Labeling Labeling of hazardous materials or toxic substances must be in compliance with those applicable portions of the following : Procedure 8.4 Section 7.2 29 CFR 1926.1101 29 CFR 1926 .59 40 CFR 60 , Subpart M Equipment Decontamination Eagle Remediation Services , Inc. Corporate Safety Manual -Eagle's Corporate Safety Program -OSHA's Asbestos Standard -OSHA's Hazard Communication Standard -EPA's NESHAP Standard 8.4.7 HAZARD DISCLOSURE NOTICE Job Name : _________________________ _ Job Address :-------------------------- Job No .: ____________ _ Date : __________ _ THIS HAZARD DISCLOSURE NOTICE MUST BE COMPLETED BEFORE ANY EAGLE EQUIPMENT IS REMOVED FROM THIS JOBSITE. 1. Has any Eagle equipment been exposed to a hazardous chemical or toxic substance while on this jobsite? Yes D No D 2. If YES , you must identify the hazardous chemical or toxic substance to which the equipment has been exposed. Asbestos D OTHER: ___________________________ _ 3. Has the equipment been completely decontaminated in acco rdance w ith the requirements of the chem icals Materia l Safety Data Sheet? Yes D No D 4. If the hazardous chemical or toxic substance is other than Asbestos , the equipment must be accompanied by a current Material Safety Data Sheet. I certify the above information is true to the best of my knowledge and bel ief. (Authorized Signature) Procedure 8.4 Equipment Decontamination Eagle Remediation Services, Inc. Corporate Safety Manual 8.4.8 The following label must be used on CONTAMINATED equipment when it is being shipped off the jobsite : CONTAMINATED (HAZARD) JOB NAME JOB NUMBER SIGNATURE DATE The following label should be used on all equipment that has been thoroughly decontaminated before being shipped off the jobsite . This equipment is considered clean . JOB NAME SIGNATURE Procedure 8.4 Equipment Decontamination Eagle Remediation Services, Inc. Corporate Safety Manual CLEAN (NO HAZARD) JOB NUMBER DATE 8.4.9 CORPORATE SAFETY MANUAL Procedure No. Date: 8.5 2/21/2008 Eagle Remediation Seroices, Inc. EXCAVATION AND TRENCHING Revision: 1 Total pages: 12 1.0 PURPOSE To control the hazards posed by open excavation and/or trenching through strict compliance with this procedure and the provisions of the excavation permit. 2.0 SCOPE This section applies to all Eagle operations. 3.0 POLICY This procedure outlines requirements for all open excavations made in the earth's surface . Excavations are defined to include trenches . This policy is intended to protect personnel from the hazards of collapse. 4.0 REGULATORY REQUIREMENTS This procedure will follow the guidelines of 29 CFR 1926, Subpart P -Excavations. In the case of United States Army Corps of Engineers projects, the requirements of EM 385-1-1, Section 23 will be observed. In the event of a conflict between these referenced standards, the more stringent one will prevail. 5.0 GENERAL REQUIREMENTS Safety operations while working in and around excavations involve many factors. Factors to be evaluated and discussed before starting work at daily safety meetings include: 5.1 Surface Encumbrances All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary to safeguard employees. 5.2 Underground Installations/Utility Locations Procedure 8.5 The estimated location of utility installations , such as sewer, telephone, fuel , electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation. Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.1 • Utility companies or the state utility protect ion service shall be contacted at least two (2) working days prior to excavation activities to be advised of the proposed work , and asked to establish the location of the utility underground installations prior to the start of actual excavat ion . • Eagle personnel and sub-contractors should be careful to protect and preserve the markings of approximate locat ions of facilities until the markings are no longer required for safe and proper excavations. • If the markings of utility locations are destroyed or removed before excavation commences or is completed, the Eagle competent person must notify the utility company or util ity protection service to inform them that the markings have been destroyed. Normally, it will take two (2) working days of the notice for the utility protection service to remark the locations. • Eagle equipment operators and/or subcontractors shall maintain a reasonable clearance between any underground utility and the cutting edge or point of powered equipment. • When excavating with powered equipment within 18 inches of the markings of underground facilities, personnel should conduct the excavation in a careful and prudent manner, excavating by hand to determine the precise location of the facility/utility and to prevent damage. • While the excavation is open , underground installations shall be protected , supported or removed as necessary to safeguard employees. 5.3 Access and Egress Procedure 8.5 • Structural Ramps Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design , and shall be constructed in accordance with the design . Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement. Structural members used for ramps and runways shall be of uniform thickness . Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.2 Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping . Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping . • Means of Egress from Trench Excavations A stairway , ladder, ramp or other safe means of egress shall be located in trenc h excavations that are 4 feet or more in depth so as to requ ire no more than 25 feet of lateral travel for employees . 5.4 Exposure to Vehicular Traffic Employees exposed to public vehicular traffic shall be provided with and shall wear , warning vests or other suitable garments marked with or made of reflecto rized or high-visibility material. 5.5 Exposure to Falling Loads No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped , in accordance with 29 CFR 1926 .601 (b)(6), to provide adequate protection for the operator from falling objects during loading and unload ing operations. 5.6 Warning System for Mobile Equipment When mobile equipment is operated ad j acent to an excavation or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be ut ilized such as barricades , hand or mechanical signals or stop logs . If possible , the grade should be away from the excavation . 5. 7 Hazardous Atmospheres Procedure 8.5 • Testing and Controls In addition to the requirements set forth , 29 CFR 1926.50 - 1926 .107 ; to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions , the following requirements shall apply: Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.3 Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist , such as in excavations in landfill areas or excavations in areas where hazardous substances are suspected, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet in depth. Adequate precautions shall be taken, to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres . These precautions include providing proper respiratory protection or ventilation as needed . Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 10 percent of the lower explosive limit (LEL) of the gas or vapor. When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. • Emergency Rescue Equipment Emergency rescue equipment, such as self contained breathing apparatus (SCBA), a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use. Employees entering bell-bottom pier holes or other similar deep and confined excavations, shall wear a harness with a life-line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation. 5.8 Protection From Hazards Associated With Water Accumulation Employees shall not work in excavations in which there is accumulated water , or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation , but could include special support or shield systems to protect from cave-ins , water removal to control the level of accumulating water, or use of a safety harness and lifeline. If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation . Procedure 8.5 Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5 .4 If excavation work interrupts the natural drainage of surface water (such as streams); diversion ditches , dikes , or ot her suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to run-off from heavy rains will require an inspection by a competent person . 5.9 Stability of Adjacent Structures Where the stability of adjoining build ings , walls , or other structures is endangered by excavation operations , support systems such as shoring , bracing , or underpinning shall be provided to ensu re the stability of such structures for the protection of employees. Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when : • A support system , such as underpinning , is provided to ensure the safety of employees and the stability of the structure ; or • The excavation is in stable rock ; or • A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity ; or • A registered profess ional engineer has approved the determination that such excavation work will not pose a hazard to employees . • Sidewalks , pavements , and other structures shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures . 5.10 Protection of Employees From Loose Rock or Soil Procedure 8.5 Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face . Such protection shall consist of scaling to remove loose material ; installation of protective barricades at intervals as necessary on the excavation face to stop and contain falling material; or other means that provide equivalent protection . Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or ro ll ing into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet from the edge of excavations , or by the use of retaining devices that are sufficient to p revent materials or equipment from falling or rolling into excavat ions, or by a comb inat ion of both if necessary. Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.5 5.11 Inspections Daily inspections of excavations, the adjacent a reas , and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave -ins , indications of failure of protective systems , hazardous atmospheres , or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence . These inspections are required when employee exposure can be reasonably anticipated. An Excavation/Trenching Permit must be completed by the competent person to document the inspect ions . Where the competent person finds eviden ce of a situation that could result in a possible cave-in , ind icat ions of failure of protective systems , hazardous atmospheres, or other hazardous conditions , exposed employees shall be removed from the hazardous area unt il the necessary precautions have been taken to ensure their safety. 5.12 Fall Protection Where employees or equipment are requ ired or permitted to cross over excavations , walkways , or bridges w ith standard guardrails shall be provided . Adequate barrier for physical protection shall be provided at all remotely located excavations . All wells , pits , shafts , etc. shall be barricaded or covered. Upon completion of exploration and si m ilar operations , temporary wells , pits , shafts , etc ., shall be covered or back filled . 6.0 SOIL CLASSIFICATION OSHA Soil Classificat ion (Appendix A to Subpart P) 6.1 Type A Soils Procedure 8.5 Cohesive so ils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of cohesive soils are : clay , silty clay , sandy clay , clay loam and , in some cases , silty clay loam and sandy clay loam. Cemented soils such as cal iche and hardpan are also considered Type A. However, no soil is Type A if: • The so il is fiss ured; or • The so il is subject to vibration from heavy traffic , pile driving , or sim ilar effects ; or Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8 .5.6 • The soil has been previously disturbed; or • The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H :1V) or greater; or • The mate rial is subjected to other factors t ha t would require it to be classified as a less stable material. 6.2 Type B Soils The following soil classifications make up the soil condit ion normally referred to as Type B soil: • Cohesive soil with an unconfined compressive st rength greater than 0.5 tsf (48 kPa ) but less than 1.5 tsf (144 kPa); or • Granular cohes ionless soils including: ang ular gravel (similar to crushed rock), silt , silt loam, sandy loam and, in some cases , silty clay loam and sandy clay loam . • Previously disturbed soils except those which would otherwise be classed by Type C soil. • Soil that meets the unconfined compressive strength or cementation requirements for Type A, but is fissured or subjected to vibration ; or • Dry rock that is not stable ; or • Material that is part of a sloped , layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H :1 H), but only if the material would otherwise be classified as Type B. 6.3 Type C Soils Procedure 8.5 Soils that make up the classification of Type C soil include the following : • Cohesive soil with an unconfined compressive strength of 0.5 tsf (48 kPa) or less ; or • Granular soils including gravel , sand , and loamy sand ; or • Submerged soil or soil from which water is freely seeping; or • Submerged rock that is not stable ; o r • Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H :1V) or steeper. Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.7 7.0 TIMBER SHORING, ALUMINUM HYDRAULIC AND ALTERNATIVES TO SHORING Refer to 29 CFR 1926 Subpart P (Appendices C, D, and E) for details on shoring , shields , and trench boxes. 8.0. SELECTION OF PROTECTIVE SYSTEMS Refer to 29 CFR 1926 Subpart P (Appendix F) for the decision log ic in selecting protective systems . 9.0. PERMITS An Excavation/Trenching Permit must be completed by the competent person each day that an excavation is open and personnel may be required to enter the excavation. The excavation permit follows th is procedure . Procedure 8.5 Excavation and Trenching Eagle Remediation Services , Inc. Corporate Safety Manual 8.5.8 EXCAVATION/TRENCHING INSPECTION FORM PROJECT NAME: ---------------------------------- PROJECT LOCATION: -------------------------------- EXCAVATION COMPETENT PERSON: -------------------------- INSPECTORS NAME: -------------------------------- DATE: -------------------------------------- EMPLOYEE TRAINING AND PRE-EXCAVATION BRIEFING I. Has safe excavation and rescue training been conducted? YES -NO -NIA -- 2. Are mandatory pre-excavation briefing conducted? YES -NO -NIA -- 3. Does this job require special training? YES -NO -NIA -- ELECTR lCAL SAFETY I .Is electrical equipment and wiring properly guarded? YES -NO -NIA -- 2. Are electrical line s, extension cords, and cables guard ed and YES -NO -NA/ __ maintain ed in good condition ? 3 .Are extension cords kept out of wet area? YES -NO -NIA -- 4. Is damaged electrical equipment tagged and taken out of service? YES -NO -NIA -- 5. Has a positive lock-out system been established by the project YES -NO -NIA -- electrician? 6. Are GFCl's being used as needed? YES -NO -NIA -- 7. Are extension cords bein g inspected daily for ground continuity YES -NO -NIA -- and structural integrity? 8 .Is extension cord inspection documented ? YES -NO -NIA -- SURFACE ENCUMBRANCES I. Have all surface enc umbrances that are loc ated so as to create YES NO NIA ---- a hazard to employees been removed or supported , as necessary, to safeguard employees? UNDERGROUND INSTALLATIONS I. Have the estimated locations of all underground installations YES -NO -NIA -- been determined prior to excavation ? 2 . Have utility companies been contacted and advised of proposed work? YES -NO -NIA -- 3. Are underground installations protected, su pported or removed whi le YES -NO -NIA -- excavations are open? Procedure 8.5 Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.9 ACCESS AND EG RESS I. Are structura l ramps that are used solely by personne l as a means of access or egress from excavations designed by a competent person? 2 . Are structural ramps that are use d for access a nd egress of equipment designed by a competent person qualified in structural design and constructed in accordance with the d es ign ? 3. Are ramps and runways constructed so structural membe rs are connected to prevent disp lacement? 4 . Are structural members used for ramps and runways of uni form thickness? 5 Are cleats used in connecting runway structural members attached in a manner to prevent trippi ng? 6. Are structural ramps used in lieu of steps provided with c leats or other surface treatment to prevent slipping? M EANS O F EG RESS FOR TRENC HES DEEPE R THAN 4 FEE T 1. Are stairways, ladders, or ramps provided every 25 feet? EXPOSU RE TO VE HIC U LA R TRA FFIC 1. Are personne l ex posed to publ ic vehicular traffic wearing retlectorized or high visibi lity vests? EXPOSURE TO FALLIN G LO ADS 1. Are emp loyees p rohibited from stan d ing underneath loads handled by lifting or digging equipment? 2. Are em pl oyees proh ibited from standing next to vehicles being loaded or un loaded? WARNING SYS T EMS FOR MOBIL E EQ UI PMENT I . Are warning systems such as barricades, hand or mechanical signals, or stop logs uti lized when mobi le equip ment is operated adjacent to or at the edge of an excavation? TES TING FOR HA ZARDOUS ATMO SPHERES 1. Are the atmospheric hazards that can be reasonab ly expected to exist in excavations greater than 4 feet deep tested and controlled? READING: TIME: YES NO NIA ----- YES NO NIA ----- Y ES NO NIA ----- YES NO NIA ---- Y ES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ---- YES NO NIA ----- Y ES NO NIA ---- YES NO_ NIA __ YES _ NO_ NIA __ INITIAL: 2 . Test for Oxygen Content: 3. Test for Flammable Concentrations: ____ % 02 (19.5% Minimum) ____ % LEL ( I 0% Maximum) 4. Test for Toxic Concentration: ____ PPM of __ _ 5 . Is testing conducted as often as neces sary to ensure safety or personnel ? Procedure 8.5 Excavation and Trenching Eagle Remediation Services, Inc . Corporate Safety Manual 8.5.10 YES _ NO_ NIA __ EME RG ENCY RESCUE EQ UIPMENT I. Is emergency rescue equipment such as SCBA , safety harness and line, or basket stretcher readily available and attended when hazardous atmospheric conditions exist? 2. Are employees who enter bell-bottom pier holes or other similar deep and confining excavations wearing a body harness with a life-line? ACCUMULATED WATER HAZARDS I . Are employees prohibited from entering excavations that have accumulated water? 2. Is water being controlled or prevented from accumulating in excavation by the use of water removal equipment? 3. ls water contro l equipment operation being monitored by a competent person? 4. Are diversion ditches , dikes, or other suitable means used to prevent surface water from entering excavation? 5. Are excavations s ubj ected to run-off from heavy rain immediately re-inspected by a competent person? ST ABILITY OF ADJACENT STRUCTURES I. Are support systems such as shoring, bracing, or underpinning provided to ensure stability of adjoining structures (i.e., buildings , walls) endangered by excavation activities? 2. Ha s any excavation below the leve l of the base or footing of foundations or retaining walls been: -Provided with a support system such as under pinning to ensure the safety of emp lo yees and stability of the structure -Performed in stable rock -Determined by a registered professional engineer that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation act ivity -Determined by a registered professional that the excavation work will not pose a hazard to emp lo yees 3. l s the undermining of sidewalks and pavement structures prohibited? PROTECTION OF EMPLOYEES FROM LOOSE ROCK OR SOIL I . l s adequate protection provided to protect employees from loose rock or soil that co uld pose a hazard by falling or rolling from an excavation face? 2 .Are employees protected from excavated or other material and equipment by placing this material a minimum of two (2) feet from the edge of excavations or by the use ofretaining devices? INSPECTIONS I. Are daily inspections of excavations where emp loyee exposure can be reasonably anticipated being done by the competent person? 2 .Are inspections being performed by a competent person after every rainstorm or other hazard increasing occurrence? 3 . Are employees removed from the excavation if the competent person finds evidence at any time of a situation that could result in a possible cave-in , protective system failure , hazardous atmosphere Procedure 8.5 Excavation and Trenching Eagle Remediation Services, Inc. Corporate Safety Manual 8.5.11 YES_ NO NIA __ YES_ NO_ NIA __ YES NO NIA ------ YES NO NIA ------ YES NO NIA ------ YES NO NIA ------ YES NO NIA ---- YES_ NO_ NIA __ YES NO NIA ------ YES NO NIA ------ YES NO NIA ------ YES NO NIA ------ YES NO NIA ------ YES NO_ NIA __ YES_ NO_ NIA __ YES_ NO_ NIA __ YES_ NO_ NIA __ YES_ NO_ NIA __ or other hazardous condition? FALL PROTECTION 1. Are standard guardrails provided on walkways and bridges that cross over excavations? 2. Are all remotely located excavations adequately barricaded or covered? 3. Are temporary wells, pits, shafts and similar exploratory operations back filled upon completion? C RANES AND RIGGING 1. Are cranes inspected daily? 2. Are crane swing areas barricaded or demarked? 3. Is all rigging equipment tagged with an identification number and rated capacity? 4. Is rigging equipment inspection documented? 5. Are stings, chains , and rigging inspected before each use? 6. Are damaged slings , chains , and rigging tagged and taken out of service? 7. Are slings padded or protected from sharp corners? 8. Do employees keep clear of suspended loads? 9. Are employees in the lift area wearing hard hats? CO NFINED SP ACES I. Have employees been trained in the hazards of confined spaces? 2. Are confined space permits available on project site? 3. Is a company confined space safety procedure on the project? 4 . Has a rescue plan been established? YES_ NO_ NIA __ YES_ NO_ NIA __ YES_ NO_ NIA __ YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ---- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- YES NO NIA ----- HA VE REVIEWED THIS INSPECTION CHECKLIST WITH THE SAFETY INSPECTOR AND FULLY UNDERSTAND THE RECOMMENDATIONS AND WlLL MAKE EVERY ATTEMPT TO CORRECT THEM IMMEDrATELY. SITE SUPERVISOR:-------------------Date: _____________ _ PROJECT MANAGER: _________________ Date: _____________ _ COMPETENT PERSON: _________________ Date: _____________ _ Procedure 8.5 Excavation and Tren c hing Eagle Remed iation Servic es , Inc. Corporate Safety Manual 8 .5.12 CORPORATE SAFETY MANUAL Procedure No. Date: 8.6 2/21/2008 Eagle Remediation Services, Inc. FALL PROTECTION PROGRAM Revision: 2 Total pages: 19 1.0 PURPOSE To plan our work ahead of the foreseeable fall hazard occurrence, to provide regular training to our workers on the use, inspection, and limitations of fall equipment capabilities, and to provide for the swift rescue of fallen workers suspended from their equipment. 2.0 SCOPE Eagle' Corporate policy on the use of fall protection systems and safe work practices when exposed to potential fall hazards. This Corporate Policy Statement applies to all Branch Offices, subsidiaries, joint ventures and affiliates of Eagle Facilities Services Corp. 3.0 POLICY Eagle' Corporate policy dictates that when the potential exists for a worker to free fall more than (6) feet, or less if lower obstructions are present, workers must continuously use a fall protection system. Fall Protection Systems include: Guardrail systems Personal fall arrest systems Warning line system Covers Safety net system, Positioning device systems Safety monitoring systems It is the policy of Eagle, even though these procedures exceed applicable legal requirements, that all scaffolding used on Eagle projects shall be installed with handrails and mid-rails. No Eagle employee shall work on any scaffold greater than 15 feet in height without the use of a full body harness equipped with a shock absorbing lanyard connected to an appropriate anchorage point. No employee shall access a scaffold greater than 15 feet in height without wearing a full body harness equipped with a shock-absorbing lanyard. When a task requires the use of a ladder, consideration of alternative means such as the use of scaffolding and lifts will be considered first. All employees required to work from ladders will be trained in proper use in accordance with OSHA guidelines . Further, no Eagle employee shall work from a ladder greater than 15 feet in height without wearing a full body harness equipped with a shock-absorbing lanyard connected to an appropriate anchorage point. Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.1 4.0 RESPONSIBILITY It is the responsibility of the fall protection competent person to implement the fall protection plan and to continuously make safety checks of their work operations and to enforce these safety policies and procedures . It is the responsibility of each employee to inspect their fall protection equipment prior to each use and bring to managements attention any unsafe acts or unsafe conditions that may cause injury to themselves or any other employees . 4.1 Competent Person A Competent Person is an individual who , through training , experience and certification , is capable of identifying existing and predictable fall protection hazards in the work place and who has authorization to take prompt corrective measures to correct them . 4.2 Qualified Person A Qualified Person is an individual who possesses a recognized degree , certificate , or has professional standing , or who by extensive knowledge , training and experience has successfully demonstrated his ability to solve or resolve problems relating to fall protection. 5.0 PERSONAL FALL ARREST SYSTEMS The following represents the several different parts which comprise the portable lifeline system designed to arrest the fall of one person. Th is system must be used by each Eagle employee who is working at an elevated level in which the potential exists for a free fall of more than six (6) feet. 5.1 Anchorage Point The critical requirement in all fall protection is the anchorage point. It is the position on an independent structu re to which the fall arrest device or lanyard is securely attached . The current OSHA requirement of an anchorage is a 5000 pound minimum static load strength. A fixture point above head height should always be planned where this is feasible . 5.2 Horizontal Lifeline Procedure 8.6 A horizontal lifeline is an anchorage cable designed to be rigged between two fixed anchorage points on the same level which are independent of the work surface. The purpose is to provide a continuous anchorage point for the attachment of lanyards and/or retractable lifelines when no supporting steel or existing structural anchorage points are available . When using a "rat line", as it is more commonly referred to in the industry, care must be taken to ensure the following factors: cable -type lifelines must be at least Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.2 one-half inch in diameter and be capable of supporting a 5000 pound deadweight load per person at the center of the lifeline; anchorage points must also be capable of supporting 5000 pounds per employee attached ; a minimum safety factor of 2 :1 is required ; the cable must have an adequate degree of sag ; supports every 20 to 50 feet ; and sufficient shock absorption and design strength at least twice the force calculated for the dynamic fall of an anticipated number of workers who may use the line . Extremely careful engineering is required for all horizontal lifelines . NOTE: Ho ri zontal lifel ines must be des igned and engineered by a Qualified Person . 5.3 Vertical Lifeline A vertical lifeline is a line which extends from an independent anchorage point and to which a lanyard is attached using a grabbing device. This line should be at least 5/8 -inch diameter nylon or 5/8-inch diameter or 3/8-inch diameter steel cable , and must have a mi n imum breaking strength of 5000 pounds. NOTE: When vertical lifelines are used , on ly one (1) employee can be attached to each line . 5.4 Body Harness A Body Harness , similar to a parachute-type harness is the only safety support authorized to be worn by Eagle employees with a fall protection system. The body harness should be a nylon o r web belt system designed to spread the shock load of an arrested fall over the shoulders , thighs and seat area. The D-ring must be positioned on the upper back straps , where it will also provide a practica l means of raising or lowering the wearer in a rescue operation . The use of color-coded harness straps will help workers to put on the harness easily and properly . Eagle corpo rate policy requires the Body Harness must be used in all applications whe re a personal fall arrest system is used . NOTE: The Body Belt , wh ich is a dev ice worn around the wa ist to which a lanyard or lifeline grabb ing device is attached , and the Chest Harnesses , which is only used for restraint or pos it ioning , are not authorized for fall protection applications within Eagle. 5.5 Lanyard Procedure 8.6 The lanyard is a short , flexible rope , steel cable , or strap webbing , having a minimum strength of 5000 pounds , that is used to connect a worker's safety harness to either an anchorage point or a grabbing device on a lifeline. The lanyard is designed to permit limited freedom of movement on the job and absorb the shock of a free fall up to six (6) feet. As little slack as possible is vital to limit the free fall distance to which the worker is exposed. The deceleration lanyard used by Eagle is typically a web-tearing system which Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.3 activates during the fall arrest to absorb the energy developed . Only professionally manufactured lanyards with deceleration devices that can significantly reduce fall arrest forces on the body and can reduce the potential for compounding injuries will be used in Eagle 's fall protection program . NOTE: In order to remove the poss ibility of "roll-out" or of producing a shear point on the lanyard , the practice of looping a lanyard over a pipe or piece of structural steel and then hooking it back onto itself, is strictly prohibited . Most lanyard manufacturers have available , in varying lengths , items which are made specifically for this purpose . These are the items that should be used . These may be referred to by any number of names , such as Cross Over Straps , Anchorage Connector Straps , T ie-Off Adapters , etc ., and basically , they are all the same . Each is made up of a length of 2 to 3 inch wide webbing with a D-ring on each end. The strap is looped one or more times around the pipe or steel and then the lanyard is anchored into both of the D-rings. This is the prescribed method to be used by Eagle personnel. 5.6 Rope Grab Device This is a grabbing device which connects the worker's safety harness or lanyard to the lifeline and is designed to arrest a fall mechanically, bringing the worker to a full stop. There are two types of mechanical cable or rope grabbing devices which may be used by Eagle personnel: 5.6.1 Manually Operated Grab . The worker moves this device by hand , up and down the lifeline . Preferably , it should be positioned above the work level. This device actuates during a fall by either squeezing the rope , or it tips in such a way as to lock onto the lifeline by fr iction . 5.6.2 Mobile Grab. This grab device is designed to travel freely on the lifeline , helping to provide vertical freedom of movement , but locks automatically should a fall occur. Most mobile grabs are activated by the inertial and/or frictional forces generated by a fall. 5. 7 Self-Retracting Lifeline Devices Self-retracting lifelines and lanyards which automatically limit free fall distances to two (2) feet or less must be capable of sustaining a minimum tensile load of 3,000 pounds applied to the device with the lifeline or lanyard in the fully extended position. Self-retracting lifelines and lanyards which do not limit free fall distances to Procedure 8.6 Fall Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 8.6.4 two (2) feet or less , ripstitch lanyards , and tearing and deforming lanyards must be capable of sustaining a minimum tensile load of 5,000 pounds applied to the device with the lifeline or lanyard in the fully extended position . These portable, self-contained devices are fixed to an anchorage point above the work area. The lifeline rope, webbing or cable is attached directly to the worker's safety harness. The rope pays out of the device as distance increases and retracts as the worker moves closer . At the moment a fall occurs , a centrifugal locking mechanism is activated to arrest the movement, thereby reducing the potential shock load . The ret racting lifeline should only be used by Eagle personnel where there is a potential for a free fall of two (2) feet or less. A good application can be found on sloping roofs or other areas where the rope is never slack and it does not interfere with the work surface . Applications of this device include working on a slanting roof or from a JLG bucket. NOTE: Since this device is an enclosed , self-retracting mechanism , consideration should be given to t he fact that requirements for inspection and maintenance will be much greater and more difficult than with other fall protection systems . 5.8 Hardware Connectors This consists of bolts , shackles , D-rings , snap hooks , and metal links which connect parts of the lifeline system together. OSHA requires 5000 pound minimum ultimate static tensile strength and a minimum tensile load of 3600 pounds proof testing of each snap hook and D-ring without permanent distortion . Hardware must be drop forged or pressed steel, cadmium plated with surfaces smooth and free of sharp edges . Eagle corporate policy requires that all snap hooks must be of the new self-locking style device that prevents unintentional disengagement of the snap hook . NOTE: One of the major problems with forged safety snap hooks is its susceptibility to "roll-out ," or unlatch during shock or static loading by a twisting process. Care must be taken to ensure the use of "as new" safety locking snap hooks or Carabiner type snap hooks with an automatic twist-lock arm . Snap hooks should only be attached to compatible hardware and never to each other. 6.0 CLIMBING PROTECTION SYSTEMS OSHA requires climbing protection on all ladders more than twenty (20) feet high or deep . Climbing protection devices offer a personal fall protection system which is designed to positively limit a worker's fall. Even when climbing a ladder which is protected by cag ing (metal hoops installed around fixed ladders) some type of Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc . Corporate Safety Manual 8.6.5 climbing protection device must be used. There are two main types of permanently attached climbing safety devices which may be used by Eagle personnel : 6.1 Rigid Rail Carrier The rail , or cable, is called a carrier . In the rigid system , the rail runs the entire length of the ladder and is a permanent part of the ladder. The rigid carrier system is the only climbing system which should be used by Eagle personnel for ascending or descending a tall ladder, since fittings every few feet attaching the ladder to the structure make these systems inherently safer and more maintenance free than the cable-type climbing systems . 6.2 Flexible Cable Carrier The flexible cable-type climbing safety system should only be used for lower heights. This type of system has to be secured to the ladder at the top and bottom, must be kept taut by tightening devices to prevent damage caused by wind vibration, and should have guides placed every 15 to 40 feet to provide protection from wind whipping and also to control bowing as the climber ascends or descends . Because of the weathering properties of steel cable outdoors , and the reliability on a single upper fixture point, this type of system must be thoroughly inspected and maintenance records reviewed before allowing Eagle personnel to use this type of climbing protection. In both types of systems, sliding devices attach the worker's safety harness to the carrier and allow climbing freedom. Should a fall occur , the device must be of the type which is designed to either lock onto the car rier or to limit the decent velocity . Safety harness used with these systems should include a front D-ring if the rail or cable is in the center of the ladder, or side D-rings if the rail or cable is located on the side of the ladder. 7.0 FALL PROTECTION SYSTEMS Eagle will provide and erect a number of various types of fall protection systems in order to reduce the potential hazards incurred by working at elevated levels . These fall protection systems include the following: 7.1 Guardrail Systems Procedure 8.6 The top edge height of the top rail must be 42 inches plus or minus 3 inches from the walking/working level. If the worker is using stilts, the top rail must be increased an amount equal to the height of the stilts. Midrails , when used , should be installed at a height midway between the top edge of the top rail and the walking/working level. If balusters are used in place of midrails, they must be not more than 19 inches apart . Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.6 The ends of all top rails and midrails must not overhang the terminal posts , except where such overhang does not constitute a projection hazard. 7 .2 Safety Net Systems Surface Safety nets shall be installed as close as practicable under the walking/working on which employees are working , but not more than 30' below such level, and must extend outward 8' from the structure. Safety nets must be capable of withstanding a drop test of 400 pounds and shall have a border rope for webbing that has a minimum breaking strength of 5000 pounds. Mesh openings cannot be greater than 6"x 6" (or 36 square inches) and should be on 6" centers . 7.3 Personal Fall Arrest Systems Fall hazards at heights should be engineered out if possible. A personal fall arrest system should only be used as a backup for those hazards still remaining . Personal fall arrest systems and components , subjected to impact loading, must be removed from service immediately. Personal fall arrest systems must limit the arresting force to 1800 pounds when us ing a full body harness. 7.4 Positioning Device Systems Positioning devices cannot be used for fall protection, their primary purpose is to provide stationary support. Positioning devices must be rigged such that an employee cannot free fall more than 2 feet. They can only be secured to an anchorage capable of withstanding an impact load of two times the potential impact of a fall or 3000 pounds. Only double locking snap hooks should be used and safety belts are O .K. for use with positioning devices. 7.5 Warning Line Systems The Warning Line shall be erected around all open sides of the roof work area and not less than 6 feet from the roof edge. Warn ing Lines can consist of ropes, wires or chains and their supporting stanchions , and once erected, must be capable of resisting, without tipping over, a horizontal force of 16 pounds. Lines must be flagged at not more than 6 foot intervals with a high-visibility material. 7.6 Controlled Access Zones Procedure 8.6 When used to control access to areas where leading edge and other operations are taking place, the controlled access zone shall be defined by a control line or any other means that restrict access. Control lines must be erected parallel to the unprotected edge and along its entire Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.7 length . The lines can consist of ropes, tapes , wires or equivalent materials and must be flagged at 6' intervals with high-visibility material. Lines should be between 39" and 45 " high and have a minimum breaking strength of 200 pounds . Controlled access zones can be used when conventional fall protection is not used . 7.7 Safety Monitoring Systems The safety monitor must be a competent person who warns workers of fall hazards and takes action to eliminate the hazard . He must be on the same walking/working surface with the employee and be close enough to see and communicate orally with the employee . The safety monitor cannot have any duties other than to watch the employee being monitored. No other employees, except ones covered by a fall protection plan , can be in the area where a safety monitor is working. Employees working with a safety monitor must be directed to comply promptly with warnings. A safety monitoring system can be used where no other alternate methods have been implemented . 7.8 Covers Covers must be capable of supporting at least twice the weight of employees, equipment, and materials that may be imposed on the cover at any one time . Covers shall be secured when installed so as to prevent displacement , and either color-coded or plainly marked with the word COVER or HOLE to provide warning of the haza rd . Covers located in roadways and vehicular aisles shall be capab le of supporting , without failure , at least twice the largest maximum load to cross over the cover . NOTE: California requires covers to be marked, "Hole -Do Not Remove ". 7.9 Protection From Falling Objects Toeboards, when used as falling object protection , must be erected along the edge of the overhead walking/working surface and capable of withstanding a force of at least 50 pounds applied in a downward or outward direction . They must be solid , a minimum of 3 1/2 inches high and not over a 1/4 inch above the working surface . When materials are piled higher than the toeboard , paneling or screening shall be erected from the toeboard to the guardrail. Materials and equ ipment shall not be stored within 6 ' of a roof edge unless guardrails have been erected. 8.0 RESCUE PLAN Whenever a personal fall arrest system is going to be used , you must first make certain that an affective rescue plan will be in place that will ensure the prompt rescue of the worker in the event of a fall. The fallen worker must be rescued safely and quickly. No one should be allowed to hang suspended by a full body Procedure 8.6 Fall Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 8.6.8 harness for more than th irty (30) minutes . 8.1 Advance Planning All good rescue systems require advanced planning. Determine what rescue equ ipment w ill be needed to affect a rescue and make certa in that equipment is avai lable at the job s ite . Ascertain the client's rescue capabilities and are they available to respond to your needs . Check with the local fire department and determine if they can assist you in affecting a rescue. Once the plan is developed , conduct training sessions in the use of the plan . 8.2 Type of Rescue Will the fallen worker be in a position, both physically and mentally , to be able to affect his own rescue by lowering himself to the ground level or will a rescue team be needed to assist him? Are there devices with a decent capability quickly available at the job site and have employees been trained in their use? Will the fallen worker need to be lifted up to a landing level where he can be resc ued or will he need to be lowered to the ground? 8.3 Communicate You must know who to call and the fastest way to call them . Make certain that whoever you call has been previously advised of your elevated work and the potential need for rescue assistance . Post the emergency telephone numbers at the work site where they will be readily accessible. Make certain that some type of communication link is available to you at the work site . Communicate frequently with the fallen worker and monitor him constantly . Do not allow him to panic . Make certain that he is aware that others know of his situation and are working to affect his rescue. Do not allow him to think he is alone in his problem . 9.0 TRAINING AND RETRAINING Eagle must provide a training program for each employee who might be exposed to a fall hazard . This training , which is to be performed by a Competent Person qualified in all areas of fall protection , must enable each employee to recognize the hazards of falling and in the procedures to follow to minimize these hazards. It is highly recommended that the Competent Person use the Fall Protection Equipment lnspectionfTraining form during user t ra ining. The competent person will be qualified in the following areas : • The nature of fall hazards in the work area ; Procedure 8.6 Fall Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 8.6 .9 • The correct procedures for erecting , maintaining , disassembling , and inspecting the fall protection systems to be used ; • The use and operation of guardrail systems , personal fall arrest systems , safety net systems , warning line systems , safety monitoring systems , controlled access zones , and other protection to be used ; • The role of each employee in the safety monitoring system when this system is used ; • The limitations on the use of mechan ical equipment during the performance of roofing work on low-sloped roofs ; • The correct procedures for the handling and storage of equipment and materials and the erect ion of overhead protection ; and • The role of employees in fall protection plans ; • The standards contained in OSHA subpart-M. Each user must be taught the type of fall protection system to be used , who is going to erect , identify and designate the anchor tie-off points to be used , how to regularly inspect the fall protection equipment , and to read and understand the manufacturer's instructions. Users must be made familiar with the equipment 's li mitations , how specific pieces of equipment are selected and why subs t itutions may only be authorized by Competent Persons . Users must understand how the system works and what will happen if a fall should occur. 9.1 Certification Eagle will verify compliance with the training requirements of Subpart M by preparing a written certification record , which contains the name of the employee trained , the dates of the training, the signature of the Competent Person who performed the training , and the fact that an examination was required. 9.2 Retraining Procedure 8.6 Retraining must be performed whenever Eagle has reason to believe that any affected employee , who has already been trained , is still lacking in the understanding required by Subpart M of the OSHA regulations . Retraining will also be performed when any of the follow ing occurs: • changes in the work place render the previous training obsolete ; Fall Protection Program Eagle Remediation Services , Inc. Corporate Safety Manual 8.6.10 • inadequacies in the employee's knowledge of fall protection; or • changes in the type of fall protection equipment. 10.0 INSPECTION AND MAINTENANCE Prior to first-time usage, a Competent Person , together with workers who will be using the equipment , must make a detailed inspection of the fall protection program and its equipment in order to be sure that it meets the requirements of the job and is accepted by the workers. This type of inspection must be repeated at regular intervals as part of a maintenance program. Users of fall protection equipment must be taught how to conduct a visual inspection of each part of their equipment, including the webbing harness, buckles, D-rings, lanyards, anchor points, etc., what they should be looking for, and who they should immediately notify in the event they believe they have a problem. Users must be informed that they are required to conduct these visual inspections before each time they use the equipment, and that any indication of tearing, rubbing, weather corrosion , dry rot, damage, cuts, pinched, etc., will be sufficient cause to have the equipment immediately removed from service and destroyed. It is highly recommended the user complete the Fall Protection Equipment Inspection/Training form when performing an inspection. NOTE: Fall protection equipment that is found to be defective, damaged, or in need of repair, regardless of the extent of the problem , must be immediately marked as unusable and removed from service. 10.1 Formal Inspection A Competent Person, other than the user, must perform a formal inspection of all fall protection equipment at intervals of no more than six (6) months. A formal inspection should be performed more frequently if the equipment is exposed to severe working conditions . Only the person performing the formal inspection can punch the date on the grid label attached to the equipment. If the grid label is missing , the equipment must be removed from service until a formal inspection can be performed . 10.2 Safety Harness Inspection Procedure 8.6 Beginning at one end holding the body side of the harness toward you, grasp the harness with your hands six to eight inches apart. Bend the harness in an inverted "U". The surface tension resulting will make damaged fibers or cuts much easier to see. Do this , a small section at a Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.11 time, over the entire harness. Inspect for frayed or broken strands. Broken webbing strands generally appear as tufts on the webbing surface . Any broken , cut or burned stitches will be readi ly seen . Special attention should be given to the attachment of buckles and D-rings to webbing . Note any unusual wear, frayed or cut fibers, or distortion of the buckles or D-rings. Buckle tongues should be free of distortion and should overlap the buckle frame and move freely back and forth in their socket. The tongue or billet of the harness rece ives heavy wear from repeated buckling and unbuckling. Inspect for loose , distorted or broken grommets . Rivets should be tight and unmovable with the fingers . Body side rivet base and outside rivet burr should be flat aga inst material. 10.3 Lanyard and Hardware Inspection Procedure 8.6 When inspecting lanyards , begin at one end and work to the opposite end. Slowly rotate the lanyard so that the entire circumference is checked. Spliced ends require particular attention. It is highly recommended that the user complete the Fall Protection Equipment Inspection/Training form when performing an inspection . 10.3.1 10.3.2 10.3.3 10.3.4 Steel Lanyards While rotating the steel lanyard watch for cuts , frayed areas, or unusual wearing patterns on the wire . Broken strands will separate from the body of the lanyard . Webbing Lanyards While bending webbing over a pipe or mandrel , observe each side of t he webbed lanyard. This will reveal any cuts or breaks . Swelling , discoloration , cracks, or charring are obvious signs of chemical or heat damage . Rope Lanyards Rotation of the rope lanyard while inspecting from end to end will bring to light any fuzzy , wo rn , broken or cut fibers . Weakened areas from extreme loads will appear as a noticeable change in the original diameter. Snap Hooks Snap hook latching mechanisms must be inspected carefully for corrosion , dirt , damage , or abuse . Damaged hooks almost always indicate lack of proper use . Snap hooks that become ineffective because of these problems must be destroyed . Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.12 Only snap hooks that operate in as-new condition can be used. 10.4 Cleaning the Equipment Wipe off all surface dirt from the harness with a sponge dampened in plain water. Squeeze sponge dry and dip sponge into mild solution of water and commercial soap or detergent. Work up a lather with a vigorous back and forth motion. Wipe the harness dry with a clean cloth and hang freely to dry. Do not place near excessive heat. Basic care of the harness and lanyards will prolong the life of the unit and will contribute toward the performance of its vital safety function . Proper storage and maintenance after use are as important as cleansing the equipment of dirt, corrosives, or contaminants . Storage areas should be clean, dry and free of exposure to fumes or corrosive elements. Recordkeeping procedures will help determine the life and history of individual pieces of fall protection equipment. 10.5 Impact Loading Most manufacturers will not guarantee that a harness or lanyard will provide adequate protection during a second fall. Therefore, Eagle Corporate policy mandates that equipment which has been subjected to impact loading or an actual fall, must be immediately removed from service and not used again. 11.0 RESTRICTIONS Safety harness, lanyards and lifelines are to be used only for employee fall protection and for absolutely no other use. Once used to arrest a free fall, regardless of the distance, the fall protection equipment involved must be immediately removed from service and destroyed to ensure that they can never be reused. 12.0 FALL PROTECTION AUDIT Various forms are required for all Eagle projects in order to perform a Fall Hazard Audit. In addition to these forms, a list of active jobs should be sent to the Corporate Safety Office each week. 12.1 Fall Hazard Analysis Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.13 The Fall Hazard Analysis form, required for every active job, must be submitted to the Corporate Safety Office. Only one Analysis is required per job unless the task or Fall Protection System changes. If a change occurs simply note it on the form and submit it. A Fall Hazard Analysis should be completed by a competent person or safety personnel. 12.2 Fall Hazard Assessment I Written Plan Procedure 8.6 A Fall Hazard Assessment/ Written Plan form is required for all projects with a fall distance greater than 15 feet. The Assessment / Written Plan must be completed by a Safety Officer and/or Designee (where a Safety Officer is not present a Competent Person is acceptable) and submitted to the Corporate Safety Office for approval. The Assessment / Written Plan must be approved by the Safety Director prior to an employee being exposed to a fall distance greater than 15 feet. The fall plan must be location specific, prepared by a safety person or designee and implemented under the supervision of a competent person. A copy of the written fall protection Assessment / Written Plan must be maintained at the jobsite. Pictures of the Fall Protection System in use should be taken and submitted to the Corporate Safety Director for verification purposes. Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual , 8.6.14 FALL HAZARD ASSESSMENT/ WRITTEN PLAN Branch Location : Date of Assessment: Project Name : Assessed by : Project Number: Project Start/End Dates : Job Address : Approved by: Superintendent: Date Approved : ENFORCEMENT AND DISCIPLINARY ACTION POLICY Any employee not in compliance with this Fall Protection Plan, L VI Safety Policies (including fall protection), OSHA standards and/or client safety requirements is subject to immediate disciplinary action, including dismissal from the site and/or termination of employment. IDENTIFY ALL FALL HAZARDS WITH ELEVATION GREATER THAN 15 FEET Roof & Floor Perimeter Edges Open holes greater than two inches Window , door & wall openings Open sided floors Articulating manlifts (JLG) Ladders FALL HAZARD ASSESSMENT CHECKLIST Leading Edges Eleva t or Openings Stairway Open i ngs Skylights Scaffolds 1. Can an employee enter the area without restrictions to perform work? 2 . Are fall prevention systems such as cages , guardrails , toeboards , manlifts in place? 3 . Have sl ipping , tripping hazards been removed or controlled? 4 . Have visual warnings of fall haza rds been installed? 5 . Are any permanently i nstalled floo r coverings , gratings , hatches , or doors m issing? 6 . Are hole covers properly secured and labeled? 7 . Does the location contain any other recognized safety and health ha zards? (If yes , fill in brief description and have hazards been addressed?) 8 . Is the space designated as a Perm it Requi red Confined Space? 9 . Have anchor points been designated and load tested? ASSESSMENT INFORMATION : (Indicate specifics with initials) YES Remarks and/or Recommenda tions Total Potential Fall Distance : t------t Number of Workers involved : ----< 1-----tDate Employees Exposed to Fall Hazards : t------tObtainable Anchor Point Strength : ~--~Anchor Point Strength: (not less than 5000 lbs) ADDITIONAL REQUIREMENTS: Potential Environmental Conditions that c ould impact safety: Initials Conditions Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.15 Remarks and/or Recommendations NO FALL HAZARD ASSESSMENT -PAGE TWO PROJECT SCOPE OF WORK: Sketch of elevated work levels and anchor points, including work levels/ platforms FALL PROTECTION EQUIPMENT REQUIREMENTS Identify fall prevention and personal fall protection equipment to be used: harnesses and sizes Full body Lanyards Vertical a Vertical a Rope gra Retracta Other nd horizontal ropes (synthetic) ring system Guardra ils Warning lines Safety monito Hole covers Scaffolds Man-lifts & we Other nd horizontal cable (steel) bs ble lifelines & sizes ight capacities FALL PROTECTION EQUIPMENT INSPECTION AND SYSTEM(S) ASSEMBLY Competent Person Inspection completed in the past six months YES NO (If answer is No , a competent person Inspection of the equipment required) The individuals designated below are responsible for onsite compliance with this Fall Protection Plan and have full authority to stop work and/or discipline individual employees for non-compliance. Name of Competent Person completing inspection : Name of Project Competent Person fo r Assembly : Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual Date : ------- Date : ------- 8.6.16 FALL HAZARD ASSESSMENT -PAGE THREE TRAINING REQUIREMENTS (e.g., fall protection equipment, safety monitoring, guardrails, etc.) All employees assigned to this project shall, at a minimum, have documented training regarding the fall protection being utilized to address the specific fall hazard(s) associated with this project. List training courses performed : EMPLOYEE TRAINING AND INSTRUCTIONS OF FALL PROTECTION SYSTEMS Employee Training Completed as Required Employees Trained : YES SAFETY MONITORING TRAINING AND INSTRUCTIONS FOR SAFETY MONITORING SYSTEMS Employee Training Completed as Required Safety Monitors: TRAINING CERTIFICATION Certification of Training Received for Affected Employees: Location of Documents : Jobsite .._I ___ _. METHOD(S) OF PROVIDING OVERHEAD PROTECTION Barricades (eliminating access) Warning signs posted Hard hats required Toe-boards installed around openings Other (explain) YES YES Office Other COMMENTS METHOD(S) FOR PROMPT, SAFE RESCUE AND REMOVAL OF A FALLEN/ INJURED WORKER Initiate Emergency Medical System (e.g ., 911) Utilized Man-Lifts with Personnel Platforms Use Drop Lines or Retraction Rescue Devices Use Plant Rescue (include contact number) Other (explain) Have Rescue Personnel been trained, briefed, rescue equipment available? Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual I 8.6.17 YES NO NO NO NO USER NAME: MANUFACTURE: FALL PROTECTION EQUIP 1:ENT INSPECTION/TRAINING USER PLEASE PRINT ECKLIST DATE: SERIAL#: ----------PL~EA-S~E-P-R-IN_T ________ _ Tag "lut of Service D Yes D No By signing below I acknowledge that I have been trained in the use and inspection of Fall Protection Equipment: EMPLOYEE SIGNATURE: Harness Bel ts and Straps 1. Any frayed edges? 2. Any broken fibers , pulled stitches? 3. Any cuts? 4 . Any mold or mildew? 5. Any chemical or fire damage? Harness R i ngs and Buckles 1. Are they difficult to move? 2. Are rollers difficult to turn? 3. Are rivets loose and movable? 4. Do rivets protrude past material ? 5. Cracked, bent, corroded or burnt edges? 6. Any sharp edges? Harness Tongue Or Billet 1. Any cuts, cracks or excessive wear? 2. Loose, distorted or broken grommets? 3. Any additional punched holes? Web Lanyards I . Any cuts, cracks or breaks? 2. Any swelling or discoloration ? 3. Any heat or chemical dam age? 4. Does material seem brittle? 5. Any breaks in the stitching? Rope Lanyards 1. Any fuzzy , worn , broken or cut fibers? 2. Any change in rope diameter? 3. Any heat or chemical damage? Procedure 8.6 Fall Protec tion Program Eagle Remediation Services , Inc . -------------------------------- YES NO NIA Steel Lanyards 1. Any cuts or frayed areas? 2. Any usual wearing patterns? 3. Any broken strands? 4. Any change in cable diameter? 5 . Any heat or chemical damage? YES NO NIA Thimbles 1. Loosely seated in the eye of the splice? 2. Any loose or cut strands in splice? 3. Is shape distorted ? 4. Any sharp edges? 5. Any cracks, corrosion or pitted surfaces? YES NO NIA Deceleration Unit §§§ l. Any cuts, burnt holes or tears? 2. Any loose strands in stitching? 3. Any rips or deterioration of lanyard ? YES NO NIA Snap Hook(s) YES NO N IA §§§ 1. Any cracks, corrosion or pitted surfaces? 2. Keep latch has to be forced into nose du e to binding, distortion or obstruction? 3. Does keeper open without pressing lock? 4 . Is keeper spring worn or weak and unable to remain closed? 5 . Is the keeper lock frozen or hard to operate with one hand ? Co r porate Safety Ma nual 8.6 .18 YES NO NIA YES NO NIA YES NO NIA §§§ YES NO NIA D D D BBB D D D D D D PERSONAL FA PROTECTION INSP ECTIO N .l ~D TRAINING Employees u s ing fa ll protectio n e quipm e nt are r e quire d t o p e rfo rm an in s p ecti o n o f the ir o wn e quipment b efor e each u se. In s p ect th e e quipme nt labe ls t o v e rify that th e y are present and that a forma l in s p e cti o n was c o nducte d within the last s ix m o nths . Ins p e ct a ll m e t a llic and /o r pla stic p arts fo r d eforma ti o n , fractures, c rack s, d eep pitting , burrs o r mi ssin g parts . Ins p e ct e ach c o mpo n e nt of the comple te sy stem b y u s in g the manu fac ture r 's in s truction s. Vi s ually ins p ect the fall a rresting d e vi ce fo r a n y di st o rti o n in th e m e t a l p arts. Foll o w th e sam e proce dures for wire and rope la nyard s whe n inspecting l ife lin es. Ins ure th a t a ll p a rts are c o mpatib le a nd t h e d e vi ce o p e rates s m ooth ly. IMPORTANT: All f all pro tectio n e q uipm ent m ust b e in spect ed b y a competent person , o the r t h an t he user, a t n o more t han 6 m o nths intervals . T h is is wh a t is referred to as a forma l inspectio n . If t he e quipment is expo sed t o sev ere cond itions t he forma l insp ectio n s hould be pe rformed more freque ntly . O nly the pe rson c ond ucti ng the f o rm a l inspectio n c an pun c h the date o n the g rid labe l attache d to the equipment. H a rn ess B e lt s a nd S tra p s W e b L anyard s Thimb les B eginning at o n e e nd of the b e lt o r s tra p , grasp the ite m B egin at o n e e nd of th e w e b lany ard and w o rk t o th e A ll n y lo n o r h e mp ro p e lany ards tha t h ave snap h ook s a t with b o th h a nd s 6 t o 8 inches a p a rt. B e nd th e ite m into an o pposite e nd by b e ndin g th e w e bbing over a pipe o r the e n d s o r are p e rman e ntly attach e d t o a D-ring m u st inverted "U ", so that t h e s u r face te n s io n r esulting makes mandre l and the m oving the e nds fro m s ide to s ide . D o utili ze a s plice t o d o so. A thim b le must b e finn ly seat e d d a m aged fib e r s o r c uts eas ie r to see . Foll o w thi s this t o each s ide o f th e lanyard and it wi ll r evea l a ny s m a ll in the e y e of thi s s p l ic e . If the r e is n o t a thimb le in th e ey e p rocedure throug h o ut the e ntire le n gth of e ach s trap and cuts o r bre aks in the fa bric of th e lanyard . of the s p l ic e o r th e s p lice h as loose o r cut stra nds , th e b e lt in t h e harn ess. lanyard mus t b e tagged "Out of Serv ic e" and re m o ved If a n y p a rt of the harn ess has fraye d e d ges, broke n fib e r s, Any w e b lanyard th a t has cuts , c rack s o r bre aks, swelling, fro m th e w o rk area. pulle d stitc h es, cuts, m o ld , milde w o r c h e mic a l o r fire di sc o lorati o n , is brittle o r s h o w s s ign s of c harring d amage it s hall b e tagged "Out o f Ser v ice" a nd rem oved r esulting fro m e ithe r che mi c al o r h eat damage o r h as fro m the w o rk area. bre aks in the stitc hing , m u st b e tagged "O ut of Servi ce" and removed fro m th e w o rk a r e a . H a rn ess Rings and B u c kl es Rope L anyards D e cele ratio n Units C hec k each ring and buckle to m a k e s ure tha t the y m o v e S tart at one e nd o f the rope lany ard ; gra s p the lany a rd The o uts id e cover o f the d e cele rat io n p a ck sh o u ld b e freely. R o ll e r s must turn free ly o n the ir fr am e. Rive t s with b o th hands 6 t o 8 inch es a part. For c ibly rota t e the e x am in e d fo r cuts , bum h o les o r t e ars. Stitc hing o n a r eas m u st b e ti g ht and unm ovab le . Rive t b ase and to p mus t b e rop e firs t o n e w ay and th e n th e o the r a n d c o ntinue d o wn where the unit is sewn t o D-rings, b e lt s, o r la nyard s mus t fl a t against the m a t e ri a l. the le n g th of the rop e t o the o pposite e nd . During thi s b e e x a m in e d for loose s trands , ri p s o r d e t e ri o ra ti o n . If any A n y h arness with rin gs o r buc kl es t hat h ave been b e nt, v is ua l ins pectio n look for any fuzzy, w o rn, b rok e n or cut d e fe c ts a r e di s covered dur ing the in s p ecti o n th e unit must d ist o rte d , corrod e d o r h ave c r ack s , b rea k s , s harp e d ges o r fib e r s . Any c hange in rope diameter wou ld indica te b e tagged "Out of Ser v ice" an d r e m o ved fro m th e w o rk burns , mus t b e t agged "O ut of S e rvice" and r em oved fro m weaken e d areas. If any of the s e conditio n s ex is t s t h e ro p e area . th e w o rk a r ea. lanya rd mus t b e t agged "Out of Ser v ice" and re m oved fro m th e work area. H a rn ess Ton gu e O r Bille t S t eel Lanyards Sna p H ook s T h e ton g u e o r bi ll et of a h arness r ece iv e s th e h eavi est Ins pect a s t ee l lany ard in the sam e manne r th a t you w o uld Ins p ect the sn a p h ook c lose ly fo r crack s, corro s io n o r wear fro m th e r e p e a ted buc k lin g and unbuckling . a r o pe lanyard ; gras p t h e la nya rd with b o th hands 6 t o 8 pitte d surfaces. T h e k eep latch mu st seat into t he nose inches apart. Forcibly rota t e the cab le fi rs t o n e w ay the n witho ut binding , be ing di st o rte d o r o b struc te d . I f th e Any h arn ess w ith a t o n g u e o r bille t, whi c h h as loose, th e o th e r a nd c o ntinue d o wn the le ngth o f the c abl e to the fo ll o wing conditi o n s e xi st , the sn a p h ook a nd the item it is dis t o rte d o r brok e n gromme t s o r a ddition a l punc h e d o pposite e nd. Dur in g t h e ins p e ctio n i f any c uts fra y e d p e rm a n e ntly attac h e d to m u st b e t agged "Out of Ser v ic e" h o les, mu s t b e "Tagged Out of Ser v ices" and re m oved a r eas, or unus ua l w earin g p a tte rn s o n the wire , o r s h o u ld and r e m o v e d fro m th e work area. T h e k eep e r o p e n s fro m th e w o rk area. any b ro k e n s trands b e fo und th e steel la nya rd m u st b e wi t h o ut firs t d e pressing the k eep e r lock. T h e keep er tagged "Out o f Ser v ice" a nd r e m oved fro m th e w o rk a r ea . s pring d oes n o t h a v e s uffic ie n t fo r ce to k eep it c losed . The k eep e r lock is froze n or h ard to o p e ra t e w ith o n e h and . T h e s n a p h ook is b a d ly corro d e d o r is d ist o rte d . T h e r e are cra cks in th e m e ta l. Procedure 8.6 Fall Protection Program Eagle Remediation Services, Inc. Corporate Safety Manual 8.6.19 CORPORATE SAFETY MANUAL Procedure No. Date: 8.7 2/21/2008 Eagle Remediation Services, Inc. GENERAL OFFICE SAFETY Revision: 1 Total pages: 4 1.0 PURPOSE To plan our work in such a manner as to prevent the accidents which are a potential within the office . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY Each employee will be instructed in general office safety procedures so as to reduce the number of "office" accidents. 4.0 GENERAL Safety in the office , like anywhere else in the Eagle organization, does not just happen. It is the result of planning and individual effort . Unfortunately, safety in the office is a somewhat neglected area, the assumption being that its accident potential is not as great as other areas of employee activity. Accidents , however, do occur in offices regularly. Falls from office chairs or the painful bumps against open drawers or sharp edges of file cabinets, etc., do result in painful injuries. The following are suggested procedures for your consideration , in an effort to maintain a safe workplace. 5.0 LIFTING TECHNIQUES • Know your strength -when in doubt make it a two-person job. Plan ahead, make certain you have a place to put the object. • Be sure your footing is secure. Use arm and leg muscles -not your back. (This means keeping your back straight and the load close to your body). • Grasp the object firmly -hold it so that your fingers will not be pinched if the load should shift , and be sure the load does not block your view while walking, and always remember to lift with your legs. • Place the object down by using arm and leg muscles -rest one corner first so that hands do not get caught underneath. Procedure 8.7 General Office Safety Eagle Remediation Services, Inc. Corporate Safety Manual 8.7.1 6.0 PROPER DRESS • Wear a safe work shoe. A closed toe gives protection while a sensible heel provides proper balance . Heels kept in good repair control slipping . And remember, jewelry can look pretty , but it's bad when it gets caught in equipment. • Clothing, such as loose ties or baggy sweaters , can eas ily become caught in any kind of moving equipment. 7.0 FALLING OBJECTS • Be sure your typewriter or computer is securely in place. Vibrations can cause it to perch at a dangerous angle without you realizing it. Elbow room is important. Think of all the items you can knock off your cluttered desk with your elbow (pens , pencils , staplers , paper clips, papers , thumbtacks - all potential accident hazards). • Narrow on top of wide/short on top of long . That is the secret of safe piling of telephone directories , papers, boxes , or whatever. And remember , sharp , pointed objects , when they fall , can become weapons as you grab them . 8.0 TRIPS and FALLS • Always close file and desk drawers after use . • Keep the floors free of debris -even a rubber band can cause someone to trip. Use aisles and avoid shortcuts -wastebaskets, phone and extension cords could also be trip hazards. • Watch your step; in other words "Heads UP !". Reading while you are walking can obstruct your vision. • Wipe up wet spots -carry beverages in covered containers or on trays to prevent spills . Make your motto "If you spill it , wipe it up!". "If you drop it , pick it up!". • Do not use rolling chairs as ladders (you want to reach ; they want to roll). Procedure 8.7 General Office Safety Eagle Remediation Services, Inc. Corporate Safety Manual 8.7.2 9.0 LADDER ACCIDENTS • Use a ladder, not a chair or drawer, when reaching for an object , and always face the front of the ladder, going up or coming down . • Move the ladder rather than reaching out to the side and stay off the top two steps . If the ladder will not reach, get a longer ladder . • Be sure the ladder is on level ground and allow only one person on the ladder at a time . Always have someone hold the ladder while you are on it. 10.0 FILING and STORAGE ACCIDENTS • Avoid overloading the top drawers of filing cabinets . Too much weight near the front of a drawer can cause overbalancing; thus the cabinet can tip forward. • Always close one drawer before opening another . This could keep the filing cabinet from tipping over or it could keep your head from coming into painful contact with sharp edges. • Close drawers gently by using the handles . Fingers get pinched if you use top or sides of drawers . Kicking bottom drawers to close them can result in bruised (sometime broken) toes and loss of balance. • Do not struggle with stuck drawers or doors. That is how you can invite back injury. • Do not leave chairs or boxes in aisles in front of file cabinets when they are not in use . 11.0 MACHINE ACCIDENTS • Read instructions . Never use a machine that you do not know how to operate , and be sure mechanical guards are in place. • Be alert for electrical hazards . Current can hurt! If a machine overheats, smokes , or sparks , or you feel a slight shock , pull the plug and report it. Always turn electrically operated machines off whenever you are about to : D begin adjusting them ; D apply any type of liquid solutions ; D leave the machine for a long period of time or at the end of the work shift ; and D make any type of minor repairs to the machine. • Always watch your clothing . Loose sleeves , scarves , belts , dangling jewelry, etc ., are dangerous near moving parts . • Check the position of your machines. See that typewriters , computers, duplicators , adding machines , etc., are firmly centered on the working surface . Procedure 8.7 General Office Safety Eagle Remediation Services, Inc. Corporate Safety Manual 8.7.3 12.0 CUTS and PUNCTURES IN THE OFFICE • Keep pointed objects boxed separately in a drawer so they cannot stab you when searching for them. • Staplers are a common source of injuries . Most occur when someone holds a thumb over the end of a jammed stapler and tries to test it. • Razor blades are extremely dangerous. Only one-sided safety blades should be used if absolutely necessary. Always try to locate and use a safety-type knife instead . • Envelopes and papers also cause severe cuts. Always try to use a rubber finger guard when working with stacks of paper. Use a sponge or sealing device to wet stamps and envelopes . Do not slide envelopes across your tongue to moisten the sealing glue. • When handling broken glass , there is always a danger of cuts. Always sweep up pieces of broken glass instead of picking them up by hand. Glass splinters can also be picked up with damp facia l tissues or paper towels. 13.0 FIRE HAZARDS • Cigarettes and matches can also present a danger. If you are in an approved smoking area , have ashtrays handy . Keep butts and matches out of wastebaskets. Be certain cigarettes and matches are completely out before leaving them. Do not place a lit cigarette in the ashtray temporarily ; if you must leave it, put it out! An unattended burning cigarette is asking for trouble . • Flammable liquids can be extremely dangerous . When any flammable liquid is being used (it generally says flammable liquid on the container) no smoking is the rule! Rubber cement is highly flammable . • Know where the nearest fire extinguishers are located . When fire or smoke is detected , follow standard operational procedures . And take the time to locate and learn your office 's Emergency Action Plan. Knowing ahead of time what type of warning signals will be used to announce an emergency, and knowing your escape routes can save your life . Procedure 8.7 General Office Safety Eagle Remediation Services, Inc. Corporate Safety Manual 8.7.4 CORPORATE SAFETY MANUAL Procedure No. Date: 8.8 2/21/2008 Eagle Remediation Services, Inc. HIGH PRESSURE WATER JETTING Revision: I Total pages: 20 1.0 PURPOSE These recommended practices are intended to provide guidance in the proper operation of high pressure water jet cleaning and cutting equipment. 2.0 SCOPE This policy applies to all Eagle operations. 3.0 POLICY It is Eagle's policy to guarantee that High Pressure Water Jetting equipment will be used in accordance with specified safety procedures and common sense to ensure both the maximum amount of production and the maximum amount of safety. During any water jetting activity the correct application of the water jetting equipment is the responsibility of the operator, who should be familiar with the operation of high pressure pumps , metal fittings, hoses, guns, and accessories. The modification of high pressure water jetting equipment will not be permitted without prior written approval of the manufacturer of the equipment. 4.0 GENERAL The use of high pressure water jets for cutting and cleaning is a rapidly evolving technology , with new developments consistently occurring . For this reason, these practices are dated and will be reviewed at least annually for any required changes . These recommended practices cover the personnel requirements, operator training, operating procedures and recommended equipment for the proper operation of all types of high pressure water jetting equipment as normally used by Eagle in connection with their construction , maintenance , repair, cleaning, and demolition work. Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 1 5.0 DEFINITION OF TERMS The following basic definitions are associated predominately within the high pressure water jetting industry: • High Pressure Water Jet System -High pressure water jet systems are water delivery systems which have nozzles or other openings whose function is to increase the speed of liquids . For purposes of this Section, the system will include the pumps which produce the pressure, the hoses, lances, nozzles , valves and safety devices, as well as any heating elements or injection systems that may be attached . • High Pressure Water Cleaning -The use of high pressure water , with or without the addition of other liquids or solid particles, to remove unwanted matter from various surfaces where the pressure of the liquid jet exceeds 1,000 psi at the orifice. • High Pressure Water Cutting -The use of high pressure water to penetrate into the surface of a material for the purpose of cutting that material and where the pressure of the liquid jet exceeds 1,000 psi at the orifice. • Pressurizing Pump - A unit designed to deliver high pressure water or other liquids into a common manifold to which either flexible hoses, or rigid tubing connecting to lances and nozzles are attached. • Lancing -An application whereby a lance and nozzle combination is inserted into and retracted from the interior of a pipe or tubular product. • Dump System -An operator controlled manually-operated device or system that rapidly reduces the pressure to a level that yields a pressure flow at the nozzle that is considerably below the risk threshold . • Moleing -An application whereby a hose fitted either with a nozzle or with a nozzle attached to a lance is inserted into and retracted from the interior of a tubular product. It is a system commonly intended for cleaning the internal surfaces of pipes or drains. It can be self-propelled by its backward directed jets, and is manufactured in various shapes, sizes and combinations of forward and backward directed jets. • Nozzle - A device with one or more openings where the fluid discharges from the system. The nozzle restricts the fluids area of flow, accelerating the water to the required velocity and shaping it to the required flow pattern and distribution for a particular application . Combinations of forward and backward nozzles are often used to balance the thrust. Such nozzles are commonly referred to as tips, jets, orifices, etc . Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 2 • Operator -A person who has been trained in the use of high pressure water jet systems and who has demonstrated his or her understanding and knowledge of the system and is capable of performing the assigned tasks. • Operator Trainee -A person not yet qualified to operate a high pressure water jet system due to a lack of sufficient knowledge and/or experience. • Shotgunning -An application whereby a lance and nozzle combination can be manipulated in virtually all planes of operation . • Hose Assembly -A hose with couplings attached in accordance with manufacturer's specifications. • Lance -A rigid metal tube used to extend the nozzle from the end of the hose . 6.0 PERSONAL PROTECTIVE EQUIPMENT It is essential that each operator wear the appropriate personal protective equipment to accomplish the water jetting job safely . The following is a list of recommended safety equipment: 6.1 Protective Clothing: Water jets can penetrate clothing, most protective suits, and the skin, and cause serious injury . Therefore , all operators must be supplied with suitable waterproof or liquid resistant clothing that has an outer layer that will repel casual rebounding water and provide adequate protection for the type of work being undertaken . Garments should provide full cover to the operator, including the wearer's head, arms , torso, waist and legs , and should consist of either a one-piece suit or individual items . When there is a reasonable probability of exposure to dangerous chemicals, chemical resistant clothing must be worn. 6.2 Head Protection: All personnel must wear Eagle issued hard hats at all times when working on a construction site or in a "Hard Hat Area." This includes visitors , subcontractors, engineers , inspectors , and anyone else who has authorization to be on the site. Personnel working with a high pressure water jetting system must wear their hard hats on top of their protective rain suits head cover . Hard hats which have been altered by drilling or cutting will not be permitted, nor will those hats which have been altered by the addition of any items on the outside of the hat other than safety , union or site stickers . When it is necessary to use additional personal protect ive equipment , which must be attached to the hard hat, only those hard hats designed for this purpose may be used. Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc. Corporate Safety Manual 8.8. 3 6.3 Hand Protection: Adequate hand protection must be supplied to all operators . When working with a high pressure water system , all personnel must wear some type of water and/or chemical resistant work gloves that are in good condition and which are suited to the type of work involved. These include plastic-coated gloves , rubber gloves, or metal-mesh reinforced gloves. Kevlar gloves with water repellent treatment is required for all operators using lances less than 48 " in length. 6.4 Eye and Face Protection: If the operator is not wearing a full-face respirator, then some other suitable type of eye and face protective equipment , such as a full face shield , must be provided to all personnel working with high pressure water jetting equipment. Depending on the type and extent of exposure, it may be necessary to issue operators chemical splash goggles . 6.5 Foot/Leg Protection: While safety shoes which meet nationally recognized standards are recommended for use by all personnel , those personnel who are working w ith high pressure water jetting systems must wear rubber boots with steel toecaps . Metatarsal and shin guards are required to be used by jetting gun operators. Rubber boots must be kept in good repair and those with worn heels or thin or worn soles should not be permitted . 6.6 Hearing Protection: In as much as most high pressure water jetting operations consistently produce noise levels in excess of 80 db , suitable hearing protection must be issued and used correctly. For instructions in the correct use , inspection and maintenance of hearing protection , refer to Section 7 .3 of the Corporate Safety Manual. 6.7 Respiratory Protection: A respiratory protection program must be implemented where there is a reasonable probability of exposure to hazardous substances. Refer to Section 7.1 of the Corporate Safety Manual for the Eagle Respiratory Protection Program. 6.8 Hazard Exposure: The safety manager or someone thoroughly familiar with the potential hazards to be found at the location where the work is being performed , should be consulted prior to starting work to determine the potential environmental and personal risks peculiar to that specific task . If any hazards are determined to exist, then appropriate action must be taken prior to starting the job . 7.0 SAFETY APPLICATIONS For maximum operational safety the following equipment and procedures must be used where applicable. 7.1 Pump -The principal component of a high pressure water cleaning system is usually a positive displacement pump which discharges water into a common manifold to which flexible hoses or lances with nozzles or other Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 4 cleaning accessories are attached. The pumps are appropriately powered and can be either mobile or permanently mounted . They should never be operated above the manufacturer's recommended operating pressure. WARNING -Water pressure on the NLB Model 10200 High Pressure Water Jetting System should never exceed 10,000 psi. For pressure greater than 10,000 psi model numbers 10400 and above are required. 7.2 Automatic Relief Device -The high-pressure water system must be equipped with an automatic relief device on the discharge side of the pump, adjusted so that the maximum allowable working pressure of the system is not exceeded by more than 3 percent. 7.3 Pressure Gauge -The system must be equipped with an accurate pressure gauge to indicate the pressure being developed . 7.4 Filters -The high pressure water system must also be equipped with an adequate filter or strainer in order to prevent particles from entering the pump and damaging the plungers. 7.5 Safety Device -The high pressure system must be equipped with a safety device which will by-pass the flow or dump the discharge pressure to a safe level immediately when activated. The operator must be able to control this safety device dump system with either his hand or foot. 7.6 Hose Assemblies -All hose assemblies used on the discharge side of the high pressure water pump must have a safety factor of at least 3.0 based on the manufacturer's rated minimum burst pressure . Make certain that all high pressure hose connections are protected with whip checks . 7.7 Fittings and Valves -All fittings and valves used on the discharge side of the high pressure water pump must have a safety factor of at least 3.0 based on the tensile strength of the materials. 7 .8 Electrical Controls -All electrical controls that can be handled by personnel must be either fail safe , low voltage or protected with an approved ground fault circuit interrupter. 8.0 PRE-OPERATIONAL PROCEDURES Pre-job planning must take place prior to the start of any job. Personnel familiar with the equipment to be cleaned and the environment of the work area should meet with the personnel that will be doing the cleaning and outline potential hazards of the work area, environmental problems , safety practices and emergency procedures . Among these are the following : Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 5 8.1 Planning -Every job and work site has its own special conditions that must be reviewed by the project manager and the customer before site specific written procedures can be developed . The site specific written procedures may be based on this Section of the Corporate Safety Manual , but they must also include precautions to be followed on a particular job or a particular work site . 8.2 Barricade the Area -Barricades must be erected around the work pad and to enclose hazardous areas. Barricades may consist of rope , safety tape , barrels , construction tape , etc., as long as it provides an effective warning and highly visible barrier. When the equipment to be cleaned has been contaminated with hazardous substances , appropriately worded warning must be placed around the protective barrier. 8.3 Hoses and Fittings -All hoses and fittings must be inspected for evidence of excessive wear and damages prior to installing them on the system . 8.4 Hoses -Hoses , pipes and fittings should be supported to prevent excessive sway, vibration or stress on end connections . Hoses should be protected to prevent kinking or excessive wear and arranged so as not to present a tripping hazard. 8.5 Nozzles -Before installing the nozzles , the system should be completely flushed with sufficient water to remove any air or foreign particles. All nozzles should be inspected for damage and/or plugged orifices before installing them onto the system. The high pressure water system should be shut off and disconnected before installing or removing any nozzles. 8.6 Fuel -Check to make certain there is sufficient fuel to operate the water blaster unit throughout the period of the work shift . Nothing is worse than having to shut down the job while you get fuel for your equipment. 8. 7 Operating Pressure -Both the customer and the project manager should review the pressures and flow rates required to perform the work to be carried out. Within the limits of any restrictions on flow volume that may arise , the work should be performed at the lowest effective pressure . 8.8 Checklist - A safety and equipment checklist should be used prior to the start of any job . (See Appendix A). 9.0 OPERATIONAL PROCEDURES The following procedures must be adhered to when se tt ing up the high pressure water jetting system to be operational: 9.1 Wash Pad -Where practical , items to be cleaned should be removed from the plant area and brought to a high pressure water jetting area (wash pad) Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 6 that has an appropriate drainage or sewer for runoff water. The wash pad should have a partial enclosure to contain backspray and splatter as the items are being cleaned and have a catch basin constructed in a manner which allows solids and sludge from the water stream to settle out while allowing the water to overflow the basin and drain into the sewer. For those projects in which it is necessary to clean an item in place, provisions must be made to erect an enclosure of scaffolding and reinforced poly sheeting around the item to be cleaned and to construct a catch basin under the enclosure to contain backspray and splatter as the item is being cleaned. 9.2 Barricade the Work Area -Area limits applicable to the cutting or cleaning operation must be defined and barriers erected to warn against access to other personnel. Barricaded area must include the pumping unit, high pressure water hoses, and any other equipment that is being used with high pressure. Barriers should be highly visible and contain notices stating: DANGER -KEEP CLEAR HIGH PRESSURE WATER JETTING 9.3 Hazardous Substances -Where there is a potential for encountering corrosive or toxic substances, the operator must obtain a Material Safety Data Sheet (MSDS) for the substance in order to determine the degree of personal protection required, whether these wastes are to be managed as hazardous or non-hazardous waste, the procedures for the collection and disposal of the waste materials, and to post the appropriate warning notices on the barrier. Note: In most cases , the customer will be the final authority in the management of his waste . 9.4 Work Surface -The wash area should have a good work surface which provides secure footing . The area in which work is to proceed should be swept clean of all loose materials and debris to prevent tripping and slipping hazards and also to reduce the potential for having to dispose of material that might otherwise be clean but which becomes contaminated during the high pressure wash. Any material that did become contaminated during the water jetting operation will have to be disposed of as hazardous waste. 9.5 Access -Access by unauthorized persons or vehicles into the wash pad, where high pressure water jetting is taking place, must be prevented. Perimeter barricades must be outside the effective range of the jet wherever possible. Barricades must be kept up at all times to keep out unnecessary traffic and vehicle traffic must be kept to a minimum. Any area where forklifts, cranes and other utility vehicles are required to go on and off the wash pad must be kept clean at all times so that materials are not tracked off of the pad . If tires become contaminated , they must be Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc. Corporate Safety Manual 8.8. 7 decontaminated before the vehicle leaves the pad. 9.6 Approaching the Operator -Personnel having reason to enter the water jetting area must wait outside the area until the jet has stopped and his or her presence known. Personnel wishing to have the jetting operation stopped should approach a team member, other than the operator. The jet operator should not be distracted until the jetting has been stopped . 9. 7 Protective Equipment -All personnel working or entering the barricaded area, while cleaning is in progress , must wear the required personal protective equipment in accordance with the job conditions and paragraph 6.0 of this Section . 9.8 Team Operation -In most jetting operations it is an accepted practice to use a minimum of two persons . A supervisor who has been trained in all aspects of the jetting operation should manage the team. 9.9 Number of Operators -According to the nature of the job and the type of equipment being used, there should be at least two or more operators involved in any high pressure water jetting system operation. The operators should work as a team with one member in charge . The operator of the gun or lance should take the lead role while the jetting is in progress. Procedure 8.8 9.9.1 Gun or Nozzle Operator -The member of the team who holds the gun, lance, nozzle or delivery hose and controls the motion and direction of the jet will be known as the gun or nozzle operator. The team member in this position will control the jetting operation while water jetting is taking place and ensure that: • the group works together as a team; • the preoperating procedures have been properly carried out; • the operational procedures are properly carried out; • the working area is properly prepared and maintained during water jetting operations; and • all necessary permits and authorizations have been obtained prior to the start of work . 9.9.2 Pump Operator -The second member of the team is the pump operator, who monitors and controls the pressurizing pump during the jetting operation. In addition, the pump operator must maintain a close watch on the gun operator for signs of difficulty or fatigue. He or she should also keep watch on the entire work area for any unsafe conditions that could develop or intrusion by unauthorized personnel. In an emergency, he or she will shut off the pressure until it is safe to continue . High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 8 9.9.3 Additional Operators -Additional operators may be required in the following circumstances : • To assist the gun operator with the handling of the lance if it is too long or heavy for one person; or • To provide communication if the gun operator is out of sight of the second operator who is attending the pump unit. 9.9.4 Job Rotation -The team members should rotate their positions during any job to minimize fatigue to the operator holding the lance or gun . 9.9.5 Hand Signals -Because of the noise that water jetting makes and the nature of the protective equipment, voice communications may be limited . Therefore, before starting a jetting operation, the team members should agree on a basic code using hand signals as a means of passing instructions back and forth during the operation of the equipment. 9.9.6 Fitness -All members of the team should be physically and mentally capable of performing the required operation. 9.10 Start-up Procedures -The pump operator must not start the unit until told to do so, by word or hand signal , from the gun operator. Before bringing the unit up to pressure, on a second hand signal the pump operator will ensure that the jetting nozzle is either directed at, or positioned within, the workpiece; that the gun operator has a secure stance and control of the nozzle; and that each team member is in the proper pos ition to perform his task. 9.11 Pressurizing the System -Pressure on the system must never be increased fast. It must be increased slowly while the system is being inspected for leaks and/or faulty components. All leaks or faulty components must be repaired or replaced before the system can be made operational. The high pressure water system can never be left unattended when it is pressurized. 9.12 Equipment Malfunction -If any dump valve or pressure relief valve does not work properly when tested at the beginning of an operation, or if the valve fails during operation, then the system must be shut down immediately. 9.13 Shutdown Procedures -Care should be taken to release the pressure in the system, especially when a dry shutoff gun is in use; however, when the pressure is reduced at shutdown , the pressure should be lowered slowly to prevent the sudden lack of force from causing the operator to lose his or her balance. It is the duty of the gun operator to ensure that no pressure remains in the line or gun after shutdown . Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 9 9.14 Clean-up Procedures -Clean up should be done at the end of each shift or at the end of the cleaning, whichever comes first. Sludge and any poly used to wrap the item or to conta in splatter must be placed in appropriately marked drums . Wash down the pad and roller with the power washer using a water-soluble degreaser, such as Citrikleen , to remove greasy residues . Seal and identify any drums containing contaminated materials or sludge and notify customer for removal 10.0 SHOTGUNNING When using the shotgunning operation , in which the lance and nozzle combination can be manipulated in virtually every plane of operation , the following is necessary: 10.1 Attendance -When the system is pressurized , it must never be left unattended. 10.2 Multiple Operations -When more than one shotgun ni ng operation is being performed within the same area , a phys ical ba rrier must be installed or adequate spacing between operators must be maintained to prevent the possibility of injury from the high pressu re water. 10.3 Target Holding -Objects that are to be cleaned must never be held manually. 10.4 Connection Protection -The point where the hose connects to the gun must be shrouded by a protective device such as a heavy duty hose , shoulder guard , etc. This is necessary in o rder to prevent injury to the operator should the hose , pipe or fitting rupture . 10.5 Minimum Length -Where practicable , the minimum length of the shotgun lance extension should be 32 inches f rom the triggering device to the nozzle . In situations of space limitation shorter lances may be used only for the length of time required to complete a specific task. At no time is a lance under 30 inches in length allowed . Modification of manufactures equipment is strictly prohibited . 10.6 Hose Protection -Steel braided hoses should be used on air operated fail safe systems to keep the system from being activated by someone stepping on the hose or a vehicle running ove r it. 11.0 MOLEING (Flex Lancing) When using either a hose fitted with a nozzle or a nozz le attached to a lance and inserting it into and retracting it from the interior of a tubular product in order to clean the product , the following must be adhered to : Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc . Corporate Safety Manual 8.8.10 11.1 Control -The operator inserting the nozzle must have direct control of the dump system . 11.2 Reversing Protection - A positive method must be used to prevent the nozzle from reversing direction while it is inside the tube being cleaned. One method of doing this is to place a "stinger" behind the nozzle. The "stinger" is a pipe nipple that is longer than the inside diameter of the tube being cleaned . 11.3 Retrojets -During manual operations, the entrance to a line or pipe must not be cleaned with a nozzle containing back jets without adequate shielding . 11.4 Clearance -The clearance between the outside diameter of the hose, lance and nozzle assembly and the inside wall of the tube being cleaned must be sufficient to allow adequate washout of water and debris. 11.5 Pressurization -During manual operation, the nozzle must be inserted well into the tube prior to pressurizing the system. Conversely, the system must be depressurized well before the nozzle is removed from the tube. 11.6 Marking the Hose -In order to provide the operator with sufficient warning of the nozzles location, when extracting it from the tube, the hose must be conspicuously marked no closer than 24 inches from the nozzle. 11. 7 Reversing Protection - A positive method must be used to prevent the nozzle from reversing direction while it is inside the tube being cleaned. One method of doing this is to place a "stinger" behind the nozzle. The "stinger" is a pipe nipple that is longer than the inside diameter of the tube being cleaned. 12.0 RIGID LANCING When lancing tubes with a rigid lance, the following should apply: 12.1 Control -The operator inserting the nozzle must have direct control of the dump system. 12.2 Clearance -The clearance between the outside diameter of the lance and nozzle assembly and the inside wall of the tube being cleaned must be sufficient to allow adequate washout of water and debris. 12.3 Pressurization -During manual operation, the nozzle must be inserted well into the tube prior to pressurizing the system. 12.4 Conversely, the system must be depressurized well before the nozzle is removed from the tube. 12.5 Shields -When lancing tubes with a rigid lance, a guard or shield should Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 11 be installed, where practicable, around the lance to prevent a lance nozzle from being inadvertently withdrawn and causing injury. 13.0 ADDITIVES Any water additives , such a chemicals, detergents , or solid particles, can only be added or used in accordance with the manufacturer's recommendations. 14.0 ADDITIONAL SAFETY MEASURES The following additional safety measures must be complied with in order to have the high pressure water jetting system operate to its maximum efficiency without causing injury to its operators . 14.1 Start-up -The pump unit must not be started and brought up to pressure unless each team member is in his designated position, the nozzle is held in or directed at the item to be cleaned, and the lance or gun is securely held. 14.2 Adjustments -Apart from operational procedures, no attempt will be made to adjust any nut, hose connection, fitting , etc., while the system is under pressure. The pump must be stopped and any pressure in the line discharged prior to making any such adjustment. Care must be taken to release the pressure in the dry shut off gun and the line when the unit is switched off. 14.3 Equipment Malfunction -If for any reason the water flow does not shut off when the trigger or foot pedal is released, work must stop immediately until the item has been serviced, repaired or replaced by a properly trained individual. 14.4 Reaction Force -The operator must be allowed to experience the reaction force of the jet progressively until the required operating pressure is reached. The lowest pressure should be used compatible with the work to be done. The pressure must not be adjusted without the operator's awareness. 14.5 Effect of Line Pulses -Operators should be made aware of the reactive effect of pressure in the line which can transmit a severe jolt to the operator when the dump valve or dry shut off valve is operated . To minimize this effect, total hose lengths should be kept as short as possible. In addition, a damping device can be placed in the system. 14.6 Thermo-Plastic Hoses -Thermo-plastic hoses must never be used for high pressure water jetting unless it can be shown that they are specifically designed for this purpose. Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 12 14.7 Operator Positioning -During operation , all team members must be safely positioned . Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8.13 14.8 Emergency Work Stoppage -All work must come to an emergency stop whenever any of the following occur: • When leaks or damage becomes apparent; • If anyone becomes aware of a change in conditions or if a hazard or safety condition is suddenly noted; • The customer's emergency notification system is activated ; or • Any of the recommended practices in these procedures are noted to be in non-compliance. 14.9 Hose Protection -All hoses must be protected from being run over and crushed by any type of vehicle. 15.0 BACK THRUST The back thrust from a linearly directed jet can be calculated from the following equation : Back thrust (lb)= 0.052 x Q x -V P Where Q is the flow rate in U.S. gallons per minute (gpm) P is the jet pressure measured in psi As an example , an operator working with a jet flowing at 10 ,000 psi at 10 gpm will experience a force equal to : 0 .052 X 10 X 100 = 52 lbs It is not recommended that any one person be required to withstand a back thrust of more than one-third of his body weight for any extended period of time. For the above example , this means that the operator should weigh at least 156 pounds in order to operate the nozzle . 16.0 TRAINING REQUIREMENTS Only qualified personnel who have undergone a proper training program will be allowed to operate high pressure water jetting equipment and supervise the training of new operators. An employee tra in ing program must be developed by each Branch utilizing high pressure water jetting systems, which will include , at a minimum , the following and be communicated in the language understood by the employee : Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc. Corporate Safety Manual 8.8. 14 16.1 Personal Protective Equipment -Describe the minimum personal protective equipment that is required to be worn while operating a high pressure water jetting system. Instruct the employee on when and how specific limbguards, special clothing, or other types of devices should be worn for the type of work performed and the location in which it is being performed. 16.2 System Operation -Explain the operation of the high pressure water system, pointing out the potential problems and indicating the proper corrective action to take. 16.3 Safety Devices -Explain the reason for having the safety devices and demonstrate the operation of these safety devices . Stress the importance of not tampering with any safety devices and of maintaining them in good working order. 16.4 Stance -Demonstrate the proper stance for sound footing when using the various devices for lancing, shotgunning, and moleing . 16.5 Cutting Action -Explain in detail, the cutting action of a high pressure water jet system and the potential hazard it poses to the human body. Where practical, demonstrate the actual use of the system by cutting through a piece of lumber. 16.6 Hoses -Explain the proper method of identifying and connecting hoses, including laying out without kinks, protection from excessive wear, and proper tools to use on couplings and fittings . Emphasize the need to use whip checks on all high pressure hose connections. 16. 7 Equipment Maintenance -Explain that valves and seating surfaces in pressure regulating devices encounter extremely high wear during high pressure water jetting and as such, require frequent inspections, maintenance, and/or replacement parts in order to provide proper operation. 16.8 When to Depressurize -Emphasize that the system must be depressurized any time that the system is not in actual use. Explain that the system must be depressurized whenever an unauthorized person enters the barricaded area, and that the system must be depressurized before any repairs or replacement of parts are made to the system. 16.9 Control Devices -Explain the operation of all control devices, the importance of not tampering with any of these devices, and the need of keeping them in proper working order. 16.10 Proficiency -All personnel selected to be operators of high pressure water jetting equipment must demonstrate their knowledge and skill in the proper operation of this equipment through practical application before performing indirectly supervised work. Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 15 16.11 Refresher Training -Operator training should be on an annual basis or more frequently if needed . 17.0 ACCIDENTS 17.1 Personal Injury -An employee injured by being hit w ith a water jet will not necessarily see the full extent of the injury , particularly the internal damage and depth of penetration . Even though the surface wound may be small and may not even bleed , it is quite possible that la rge quantities of water may have punctu red the skin , flesh , and internal organs through a very small hole . The spread of micro-organisms through a wound of this type is a very real concern . For this reason , the injury should be monitored for several days. 17.2 Identification of Injury -In the event of an inj ury , immediately take the injured employee to a hospital and inform the doctor that the employee has been injured by a high pressure water jetting system at pressures up to 40 ,000 psi. 17.3 Medical Recommendations -If an accident should occur and high pressure penet rates the skin , contact the U.S. National Poison Center office at (412)-681 -6669 and ask for advice . 17.4 Immediate First Aid -In the event it is not possible to have the injury treated immediately by a physician , restrict the first aid treatment to only dressing the wound and observing the patien t until a medical examination has been arranged . 17.5 Reporting -If a pe rson is injured in any manner during the course of a project , a Supervisor's Incident Report and Incident Investigation must be completed immediately and forwarded to the Corporate Director of Health and Safety . Please refer to section 3.1 Incident Reporting of your Corporate Safety Manual. 18.0 RESPONSIBILITIES The providing of safe and healthful working cond it ions is t he direct responsibility of the project management. Each manager, superv isor and team gun operator is responsible for the implementation of this program with in his or her sphere of operation. All levels of Eagle line management must know the information contained within this Corporate Safety Manual and implement these procedures as applicable . Each Branch within Eagle shall be responsible fo r compliance with the Corporate Safety Manual. Branches are responsible fo r supplement ing the program developed by Corporate Safety as required by individual operations . Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc. Corporate Safety Manual 8.8. 16 Appendix A CHECKLIST FOR HIGH PRESSURE WATER JETTING Customer: Date: -------------------------- Location of Work: -------------------------- Type of Work : _____________ Team Leader : _______ _ Yes No D D D D D D D D D D D D D D Procedure 8.8 Have you determined that the area where the unit is being serviced has been cleaned, properly barricaded, and that the appropriate safety signs are posted? D The work area is ready . D Needs following act ion: Have you checked to determine that adequate precautions have been taken to protect our elect rical equipment from water? D Everything is protected D Needs following action : Have you determined if there a re any haza rds , such as corrosive or toxic chemicals , flammable liquids , reactive materials , or explosive vapors that could pose a harmful threat to our perso nnel? D There are no hazards D The following hazards may exist: If you answered yes , that there are hazards, have you obtained a Material Safety Data Sheet on the hazard? D Have ob tained MSDS D Need to obtain MSDS for following: Have you determined if there will be any danger from the wa ste water or from a reaction of the scale to the water? D There is no danger D The follow ing hazards may exist: Have you instructed all personnel about any additional hazards on this project? D All personnel instructed D Personnel need additional instruction : Have you checked all fittings to ensure they have the correct pressure ratings? D Fittings are all correct D Needs following action : High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8.17 Yes No D D D D D D D D D D D D D D D D D D Procedure 8.8 Have you checked all hoses to ensure they have the correct pressure ratings? D Hoses are all correct D Needs following action: Have you inspected all hoses to make certain they are in good operating condition? D Hoses are in good condition D Needs following action: Have you inspected all fittings to ensure they are in good operating condition? D Fittings are in good condition D Needs following action: Have you inspected all nozzles and determined they are free from plugging and in good operating condition? D Nozzles are ready to use D Needs following action: Have you seen that adequate precautions have been taken to prevent line- mole reversal? D Reversal cannot occur D Needs following action: Have you checked the filter on the pump suction to see that it is clean and in good operating condition? D Filter is clean and good D Needs following action: Have you made certain the pump suction will have an adequate supply of clean water rated at a minimum of 20 psi? D There is adequate water D Needs following action: Have you determined the water blaster unit has sufficient fuel to allow the engine to run to the end of the work shift? D There is sufficient fuel D Needs following action: Have you checked to ensure that adequate precautions have been taken to protect the equipment against freezing? D Everything is freeze protected D Needs following action: High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 18 Yes No D D D D D D D D D D D D D D D D D D Procedure 8.8 Have you inspected all of the personnel on this project to ensure that they have the correct personal protective equipment and are using it properly? D All PPE is correct D Needs following action: Have you determined that all of the personnel on this project are adequately qualified for this type of work? D All personnel are qualified D Needs following action: Have you checked to see that the complete hookup has been flushed and air removed from the system before installing the nozzle? D Nozzles ready for installation D Needs following action: Have you checked to ensure that the hookup, including pipes, hoses and connections have been pressure tested with water at the maximum operating pressure? D Everything tested OK D Needs following action: Have you tested the dump system to ensure it is working properly and will dump when released? D Dump system tested OK D Needs following action : Have you tested all control system to ensure that they are operational? D All systems operational D Needs following action: Have you checked to see that emergency eye wash stations and showers are readily available? D Stations are readily available D Needs following action: Have you determined that all safety systems are in place and are operational? D All safety systems operational D Needs following action: Have you obtained all work permits, permission slips, procedures and/or written authorizations required by the customer prior to your beginning this work shift? D All permits obtained D Needs following action: High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8.19 Appendix B HEAT EXCHANGER BUNDLE JETTING HIGH PRESSURE WATER JETTING Follow the basic operating and safety procedures for water jetting as outlined in Section 8 .23 of the Corporate Safety Manual, titled High Pressure Water Jetting . In addition, when engaged in heat exchanger bundle cleaning, the following procedures should also be utilized. BUNDLE JETTING IN PLACE The following procedures will be utilized when it is necessary to clean the heat exchanger bundles while they are still mounted in place: Make certain the customer has blocked out the exchanger and inserted blind flanges as necessary, and that all free-flowing materials have been drained from the exchanger. When cleaning the tube side of a heat exchanger bundle while in-place , first clean the area around the exchanger by picking up any debris and sweeping up any loose materials. The reason for this is that any material that becomes contaminated from the sludge or waste water resulting from the cleaning will have to be handled as contaminated waste . Cleaning the area before starting work reduces the potential for having to dispose of material that might otherwise be clean but which becomes contaminated during the bundle cleaning. Next, construct an enclosure of reinforced poly sheeting with side and back walls to contain any back spray and splatter and place a catch basin under the enclosure to contain water and run off material as the tubes are being cleaned. The catch basin should be constructed in such a manner that allows solids from the water stream to settle out while allowing the water to overflow the basin. Place a 2 foot by 3 foot plastic or metal pan beneath the connections and shell heads before the bolts are removed. This collected material can be recycled. Once the exchanger has been fully drained, remove the pan and begin the jetting of the tube side of the exchanger . Follow the high pressure water jetting procedures that are outlined in Section 8.23. Make certain all personal protective equipment is being used properly. Upon completion of the bundle jetting, remove the contaminated poly and either decontaminate it for further use at another bundle cleaning location or containerize it as hazardous waste . If the poly is not grossly contaminated and additional tube bundles are to be jetted, the poly can be cleaned and reused. Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services, Inc. Corporate Safety Manual 8.8. 20 JETTING EXTRACTED BUNDLES After the extracted heat exchanger bundle has been delivered to the wash pad and placed on the roller blocks , inspect the integrity of the poly wrapping and repair it where necessary in order to prevent any material from dripping onto the pad before the cleaning begins . Check the area for cleanliness and erect the required barricades and warning notices . If the area needs to be cleaned of debris and/or materials , do so now before going any further. In addition to the back stop of the wash pad , it may be necessary to erect additional makeshift frames with poly sheeting to block splatter . Construct a catch basin beneath the tube bundle as indicated in paragraph 9.1 of Section 8.23 and try to keep sludge confined to as small an area as possible. Begin the water jetting of the bundle tubes using all of the safety and operational procedures outlined in Section 8 .23, remembering to not increase pressure until the lance is well inside the tube and to reduce the pressure before bringing the lance out of the tube. Use those nozzles which are appropriate for the jetting operation . CLEAN-UP PROCEDURES Clean up at the end of each shift or at the end of the cleaning operation , whichever comes first. Sweep and shovel up any sludge left on the ground or in the catch basin. Sludge and any poly used to wrap the bundle during transport to the wash pad must then be placed in appropriately marked containers. Wash down the pad and roller with the power washer while using a water-soluble degreaser to remove greasy residues . After depressurizing the equipment , turn the unit off. Then locate and account for all nozzles , role up and tape all hoses , and secure all lances . Remove the barricade and then make a check of the area to ensure that nothing has been left behind , such as pieces of barricade tape, rope , whip checks or any other trash . Procedure 8.8 High Pressure Water Jetting Eagle Remediation Services , Inc. Corporate Safety Manual 8.8. 21 CORPORATE SAFETY MANUAL Procedure No. Date: 8.9 2/21/2008 Eagle Remediation Services, Inc. HOUSEKEEPING and SANITATION Revision: I Total pages: 3 1.0 PURPOSE To provide the basic guidelines necessary for a good housekeeping program which will be a part of the daily routine at each job site, with clean-up being a continuous procedure . 2.0 SCOPE This section applies to all Eagle operations . 3.0 POLICY Good housekeeping is an important element of accident prevention and must be a primary concern to all superintendents and foremen. Good housekeeping will be planned at the beginning of a job and will be carefully supervised and followed through to the final clean-up. A clean and orderly work place will not only contribute greatly to the prevention of accidents and injuries, but will also lend itself to the proper utilization of available facility space. 4.0 HOUSEKEEPING Responsibilities for good housekeeping should be assigned. If the size of the job and workforce merit, a crew should be specifically detailed to continuously clean up. In any event, regardless of the size of the work force, housekeeping should not be haphazard and left to someone else's discretion. Duties should be assigned to one or more responsible persons. The following areas should be of prime concern in a good housekeeping program: 4.1 Storage Areas All materials should be maintained in neat stockpiles for ease of access. Keep aisles and walkways clear of loose materials and tools. Procedure 8.9 Housekeeping and Sanitation Eagle Remediation Services, Inc. Corporate Safety Manual 8.9.1 4.2 Work Areas Clean up loose materials, waste , etc ., immediately. This is especially important on scaffolds and in the vic inity of ladders , ramps , stairs , and elect rica l or mechanical equipment. Tools and loose materials should be removed immediately if a hazard is created . 4.3 Areas Used by Personnel Empty bottles , containers , papers , and discarded equipment should not be allowed to accumulate where lunches are eaten on the jobsite . Trash disposal cans should be provided and their use enforced. 4.4 Oil and Grease Spills of oil , grease , or other liquids should be removed immediately or sprinkled with sand. 4.5 Disposal of Waste An effective means of preventing litter is the pro v1s1on of suitable receptacles for waste , scrap , etc. Combustible waste , such as oily rags , paper , etc ., should be stored in a safe place , such as a covered metal container , and disposed of regularly. NOTE: Common trash , which does not conta in any hazardous waste , should not be stored or disposed of in bags or containers marked for hazardous waste . 4.6 Protruding Nails Protruding nails should either be removed or bent over in such a way that they no longer present a risk. This should be done as the hazard develops and not at a later time. Unfortunately, in their haste to get the job done , workers often throw lumber with prot ruding nails to the side with the intent to remove the nails when they have the opportunity . Cleaned lumber should be stacked in orderly piles . Workmen performing this task should wear heavy gloves and hard soled work shoes. 4.7 Lighting Adequate lighting should be provided in or around all work area , passageways , stairs , ladders , and other areas used by personnel. Procedure 8.9 Housekeeping and Sanitation Eagle Remediation Services, Inc. Corporate Safety Manual 8.9.2 4.8 Unobstructed Access There must be unobstructed access , at all times, to such items as electrical panels , safety disconnect switches , fire ext ingu ishers , emergency exits , etc. 5.0 SANITATION Typhoid fever , dysentery, and other diseases are often caused by contaminated drinking water or lack of prope r sanitation at the jobsite. It is essential that the provision of adequate sanitary facilities to accommodate the number of workers involved , be one of the fi rst operations initiated at the jobsite . Temporary toilets should be maintained in accordance with local , state , or federal ordinances. To ilets should be constructed so as to shield t he occupants from view and protect against weather and falling objects . They should be lighted and ventilated , and all windows and vents screened . Adequate tissues should be provided . All toilet facilities should be cleaned daily and emptied when necessary . 6.0 DRINKING WATER An adequate supply of fresh , potable water , from a city water line if possible , should be provided at a readily accessible location fo r drinking purposes. Portable water containers , used to d ispense drinking water , must be capable of being tightly closed and equipped with both a tap and a pape r cup dispenser. Where paper cups are supplied , a receptacle for disposing of the used c ups should be provided . The use of pails and dippers or a common drinking cup for d ispensing drinking water is prohibited . Any container used to distribute drinking water must be clearly marked as to the nature of its contents and not used for any other purpose . If for any reason water, which is unfit for human consumption , is provided at the jobsite , it must be identified and labeled to clearly indicate that the water is unsafe for drinking , washing , or cooking purposes . Procedure 8.9 Housekeeping and Sanitation Eagle Remediation Services, Inc. Corporate Safety Manual 8.9.3 CORPORATE SAFETY MANUAL Procedure No. Date: 8.10 2/21/2008 Eagle Remediation Services, Inc. HVAC DECONTAMINATION & CLEANING Rev ision: 1 Total pages: 17 1.0 PURPOSE To define a minimum health and safety work program for each Branch within Eagle that is engaged in HVAC Decontaminations and Cleaning Operations. 2.0 SCOPE This policy applies to all Eagle operations involving HVAC Decontamination and Cleaning Operations . 3.0 POLICY It is the policy of Eagle to provide a safe and healthful workplace , free of recognized hazards, for each of its employees . At a minimum, Eagle will comply with all accepted work practices, health and safety regulations, standards and codes , and will provide training to its employees to assist them in performing their jobs safely . All work will be in accordance with the industry standards as defined by the National Air Duct Cleaners Association (NADCA). 4.0 GENERAL The amount of debris which becomes trapped within an HVAC system over a given period of time is dependent upon several factors , such as the type of system, the air velocity within the system, the internal insulat ion within the system, the efficiency of the system's filtration, the humidity within the system, the housekeeping practices and the preventative maintenance programs in place. Typically , air from within an occupied space , along with fresh air drawn from outdoors, is drawn in through ductwork to an HVAC unit , where it is conditioned. Before the air gets to the unit , it usually passes through a filter designed to protect the mechanical equipment from becoming contaminated by large particles of dust and debris. However, many of the filters commonly used today will not prevent the introduction of small particles of dust and debris from the air stream into the system. It is over time that these small deposits may form sizable accumulations. Procedure 8.10 HVAC Decontamination & Cleaning Eagle Remediation Services, Inc. Corporate Safety Manual 8.10. 1 4.1 General Contaminants Indoor Air Quality problems often arise from general dirt , dust and debris as well as harmful contaminants and microbial organisms which accumulate in HVAC systems. Contaminants in ductwork can be anything from common dust and soil , to dead birds and rodents, rotting leaves, bacteria, fungi and mold. The problems resulting from a build-up of these contaminants can range from breathing d iscomfort to illness for the building 's occupants to inefficient performance on the part of the bu il ding's ventilation system . While the most common ingredient found within an HVAC system is ordinary nuisance dust , dust accumulations can become quite sizable over several years , or even less time when the HVAC system's filtration is inefficient. The problem with excessive dust is that it generally leads to the development of biological contamination. The HVAC system is a perfect breeding ground for biological contaminants due to their enclosed space , constant temperature , humidity and dirt as a nutrient source. 4.2 Biological Contaminants There are a wide variety of substances and elements, which may be classified as "biological contaminants " within an HVAC system . These biological contaminants may be organic or inorganic, and can take the form of bacteria , fungi (mold and mildew), viruses, animal dander, mites , insects , pollen, and the by-products of these elements . Some biological contaminants pose a very significant risk to life and health. While the detection of biological contaminants in ventilation systems is not unusual , the presence of an active colony growth , referred to as an "amplification ", is sufficient cause to take remedial action. Potential amplification sites in an HVAC system include cooling coils, condensate pans, filters , and humidification systems. Amplification can also occur on wet ductwork surfaces , including duct linings. Adverse health effects often associated with biological contaminants found within an HVAC system can range from minor discomfort, causing decreased worker productivity, to respiratory illness, cancer , and in the most extreme cases , death. 4.3 Hazardous Materials Procedure 8.10 Depending on the usage and history of the building and the materials used to construct it , HVAC systems may become contam inated with hazardous materials . For example, older facilities in which asbestos and/or lead was used in the initial construction may have collected asbestos or lead dust within their HVAC systems. HVAC Decontamination & Cleaning Eagle Remediation Services, Inc. Corporate Safety Manual 8.10. 2 It is the building owner's responsibility to determine if hazardous materials are present in the HVAC system prior to cont racting for cleaning. If hazardous materials are known to be present within the system, then specific specifications must be written to ensu re the protection of the workers and the prevention of the spread or release of these materials outside of the system. NOTE: Testing for the presence of hazardous materia ls can only be performed by qualified persons. 5.0 SURVEY AND INSPECTIONS In order to determine the extent of contamination existing within the duct work, prior to the initiation of any remedial decontamination and cleaning , it will be necessary to observe the interior of the HVAC ducts at various locations throughout the system. This can be accomplished as follows : 5.1 Optical Surveys One method of surveying the interior of the HVAC ductwork is by means of the Fiber-Optic Borescope. This process involves the drilling of one-inch diameter access holes into the HVAC system and inserting the Borescope into the ductwork. By physically manipulating the Borescope , it will enable both building owners and Eagle personnel to optically view a portion of the interior of the duct. In addition to the Borescope , optical surveys of larger areas of the interior of the ductwork can be performed by the use of a cable-driven robot utilizing a closed circuit video camera. This will allow television viewing of the interior of the duct, as well as the capability to obtain a permanent record of the interior of the HVAC system. Where service openings in the ductwork are available, the technician may also utilize a 35-mm camera and flash to obtain interior photographs of the ductwork. Photographs of this type will be helpful in determining not only the magnitude of the problem , but also the quality of the decontamination and cleaning service provided at the completion of the project. 5.2 Physical Inspections Procedure 8 .10 There is always a possibility that the vigorous physical activity , generated by ingress and egress through an access opening , will spread any contaminants that may lie just inside the HVAC system . For this reason , it is Eagle 's policy that service personnel do not enter the ductwork during the inspection phase of the project. Inspections of the interior of the ductwork during this phase are therefore limited to optical devices and cameras . HVAC Decontamination & Cleaning Eagle Remediation Services, Inc. Corporate Safety Manual 8.10. 3 6.0 SITE PREPARATION Site preparation is a key element in any successfu l HVAC system decontamination and cleaning project. Site preparation must include both Eagle personnel and the client cooperatively to review and evaluate all aspects of the HVAC cleaning process as it relates to the facility and its occupants , and to develop a strategy for safely and effectively managing the project. 6.1 Site Evaluation Before any wo rk beg ins , Eagle personnel , accompanied by a representative of the client , must conduct a walk-through , o r site evaluation , to establish a specific , coord inated plan which details how each area of the building will be protected du ring the various phases of the project. The site evaluation should address such concerns as : • Occupant safety and protection from contaminants ; • Building safety and security policies; • Containment strategies for deb ris removed from the HVAC system and cross-contaminat ion assessment ; • Protecting furniture , floors, floor coverings , computers , photocopiers , and other office equ ipment ; • Specific and unique building related issues ; and • Electrical power sources adequate for the cleaning equipment. A well executed site evaluation , leading to a well planned and coordinated decontamination and cleaning project , will result in the reduction of occupant stress related to the cleaning project. A poorly executed site evaluation can have an adverse psycholog ical impact on building occupants . 6.2 Occupant Safety and Protection Procedure 8.10 During the decontam ination and cleaning of the HVAC system , the most important concern should be for the safety and well being of the building 's occupants , the building itself, and the Eagle workers performing the decontamination and cleaning service. HVAC Decontamination & Cleaning Eagle Remediation Services, Inc. Corporate Safety Manual 8.10. 4