Document by0L1Y4ZXwKkGpwydLrKQ3DYD

I Moasento rtZAZT&- AsgrsTAS t- '>s --location--phone) Dept of Medicine & Environmental Health DATE SUBJECT REFERENCE TO July 10, 1985 CC. Proposed Asbestos Removal/ And Disposal Agreements .a [ PLAINTIFF'S L c^HIBIT, ! 1 G. Roush........... ..G2WG D.L. Coleman.... ..G2WF G.H. Griffin.... ..E2NC D.A. Samford.... . .M2A J.F. Stapleton.. . .M2A S. J. Gisburne - M2A 1 ' MON-yjf r I V- . I received "your July 9, memo on this subject. I am in complete agreement with the general tone of the. memo. From a medical standpoint, we need to know the.medical, conditjongof people involved in this type of work. The respirator approvaT procedure'-is a necessary component. If necessary, I can go into more elaborate arguments on this point. Suffice it to say that we have previously run.info difficulties .where, for one reason or another, someone did not wear a respirator during a procedure for which one was clearly indicated. - There have been instances where this lack of 4:'i--. t. respirator use was due to medical conditions which should have been ` picked^ up and should have been reason for. excluding the individual from '^"tiaf' p"aficulan,nype _of_ work,, / -' ' -- - a i i!"r! *0 OV*'!''" 'aC-1'?krrSr'S^"-*' ` >' ' * The ''preceding twelve-month period" time limit on approval for medical implications of the involved work appears to me to be perfectly adequate. As indicated abovdpl fully concur with the concept of . ^.....iacluding respirator use .approval as part qf Xhe medical examination. Your-question regarding the-medical examination following removal of asbestos is one which might*give over to considerable discussion. It is , my^ opinion that for the majority of cases., no examination is necessary on completion of .the task.,. As a general rule, the medical findings in an individual with significant exposure to asbestos would be so delayed that examination' at the time of completion of the task would not reveal any useful information."' An exception should be made in the event of the development of specific symptoms,.of any type during the task performance. The key factor here is that such an intervening examination would be prompted by development of symptoms and would not specifically relate to any examination in the absence of symptoms. If you have any questions about any of this, please let me know. Monsanto 2*0UNAMt LOCAf C*4AMCNC> JUL 10 1965 LAW DEPARTMENT s. J. Gisburne - M2A - 4-5 437 AgFSAENCE July 9, 1985 PROPOSED ASBESTOS REMOVAL/ DISPOSAL AGREEMENT G.H. Griffin - E2NC D.A. Samford - M2A J.F. Stapleton - M2A TO Dr. J. H. Spraul - G2WF To improve asbestos handling procedures and practices, various MPP and Environmental'attorneys have been reviewing the contrac tual arrangement^' under which outside contractors engaged by Monsanto perform asbestos- removal and disposal. J>r. , Consequently r -we-are in the process -of preparing a standard agreement form* for use 'by' the 'plants'''in`contracting'with putsidd contractors,for asbestos'removal/disposal. ' A preliminary draft of the proposed,agreement JLs attached. ... . v caAlthough Schedule A-2 of the proposed agreement provides for - -Medi'cal exams ; (Item 3) , it does not require medical approval' tor " ` v.use of "respl^utor^,. TheTprqposed amended:Schedule A-2, Item 3. , Jr. ..below' reflects tgje^ad^it^PiLiJff language to conform with 29 CF.R' . -19-1Q.1O01- (d) (23 (,iv) 1 c) -;requirement for physician approval prior to-respirator use. -' - - - :> .? -*5 or "'3C: ^ :r - ............. -- - - , ; * . "j.'^e'dib.ai^E^aip.si-A.ll ^personnel expected '.tp^bd involved "in. 7 _,s 3-..7-c performing Services-shall, prior tcT .essignjaent to,,.perform r ??D' j,. - Services, ..he given a complete medical exam to include, - as* a - -s* ~minimum a chest x-ray, history of respiratory disease- 3c- l1 a; ac. -symptoms, and pulmonary function tests to measure''forced J. r .ixital^ capacity .and 'forced expiratory volume -at one_ sebqnd. , _ ~ "Mb' medical exam will be^required for personnel with^respecb .... ......to .which,. Contractor provides Monsanto with equivalent- -- - examination results and data taken within the immediately preceeding twelve-month period. Medical approval from the physician conducting any such examination will be required for any personnel assigned to tasks, requiring the.use.'pf. respirators.".,- rT jW rAlso, do you feel it would be advisable to require a medical exam "'after "Completing the asbestos removal/disposal? ,7^ ,.7771777 Your comments and/or suggestions would be appreciated.- - - --r ' Sandy Gisburne .....rn,7003...... - --- -- ?. ' " "Attachment * *; ' 1 . '. ` ' * ' ,, ~~ T * ra **- . --'"r'nv?! jr T , "'' IN-IOC IriEV, 2 78 6113 ' 2124 2 Monsanto ItJL Uy'iaJT Y/?/rs ASBESTOS REMOVAL DISPOSAL AGREEMENT BH ASBESTOS REMOVAL/DISPOSAL AGREEMENT DATED AS OF_______ _BETWEEN MONSANTO COMPANY. 800 North Lindbergh Boulevard. St. Louis, Missouri 63:67 (' Monsanto"). and , * 1 * * 4 5 a corporation with oftices at ---------- ---------------------------------------- :--------------- l------------ :-------- ---------------- ------ ("Contractor"). 1, SERVICES. Monsanto hereby engages Contractor, and Contractor nereby agrees as more fully described in. Schedule A-1. attached hereto and made a part hereof, to strip, nanaie. remove, transport, store, and. to'the extent specified by Monsanto pursuant to Schedule A. dispose of certain industrialasbestos waste materials ("Asbestos') from, the Monsanto location(s) ("Monsaiito PoHU of Origin") set forth jn Schedule A-i such Asbestos to be disposed of at the disposal facility specified in Schedule A-nL!OispQsai Facility^'), upon the terms and conditions set forth herein (all such undertakings by Contractor collectively called "Services").' " - J"3- ' - - "SC'aCie '.nnr'c ;. . "sp ' , 2. TERM, This Agreement shall cogv^anpe on, jtjhe dayaet forth above and shall terminate as set forth in Schedule A-1. either upon the date specified therein or upon completion of-S'ervicej by Contractor. However, either party may terminate this Agreement at any time"by giving the other party at leaft njnery ^90),, days' written notice, and Monsanto may also terminate this Agreement effective at any time by giving Contractorwritten or oral notice (to beconfirmed in writing) if (i) such action is taken by Monsanto "puftuantfoariy governmental law. ordinance.' order, rule, regulation or action for (ii) Monsanto determines that a threat to health or the environment may exist because of Contractor s performance of any such Services; or (iii) any of the warranties or covenants of Contractor set forth in Section 6 hereof become untrue or are not complied with. Sections 6. 7. 8. 9. and IS shall survive any tarmihatioifor expiration of this Agreement. - sc- " ; - - yinMt-rsairtr ,, . ~ . ".. --i - T-------- y > ,> e3L-plVERY; 'TITLE AHDRISK OF LOSS. a. If Contractor is to dispose of the Asbestos pursuant to Schedule A-1, then delivery of' Asbestos'to( Contractor .tefeunder shall be .made at the Monsanto Point of Origin, or .elsewhere as nay be. mutually, agreed tei^by the parties,-ioi title to, all risk of loss, and all other Incidents of ownership of the Asbestoashall passitq.Gontragto.rt),h?n:fehe-Asbestos-is stripped by Contractor from a facility at the Monsanto Point of ;OE.igi, .and Contractor- asBinwmtfu.il responsibility and liability for the safe and lawful performance of Services thereafter.:rLc:c.- du/jULanpiicaDia s&ies. conai - - ... 'b. -Contractor shallsupplyor"ai?raifge''5: Ifiefieceiiiary transportation-equipment nml I'm itir fi lm ijiin Inn aquipaeet and for the transportation'required to transport such Asbestos safely and lawfully fro* the Monsanto Point of Origin'to the Disposal Facility and shall obtain.prior approval from Monsanto's Corporate Distribution Department of such transportation arrangements^unless Contractor is to provide such transportation utilizing his own private motor .carrier-operation. ... ---- -= ..:e --bv: r-,-..- ... ____ "... . . c. Contractor shall_.cqmply with, and cause its employees and agents to comply with, all safety .and security rules at the-Monsanto Point of Origin. . iu.. - .. - - - *- - - - , 4. FEE FOR SERVICES. Monsanto shall pay Contractor for the proper performance of Services at the rate(s) set forth in Schedule A-1. Contractor shall invoice Monsanto upon completion of Services m accordance with this Agreement. Payments shall be due and payable by Monsanto within thirty (30) days from the date of receipt of Contractor's invoice. Such payment shall constitute the total financial oDligation of Monsanto to'Contractor. Without the prior written consent of Monsanto, specifically covering same, no claim snail be made Oy Contractor for additional compensation for worx performed by Contractor, or material and equipment furnished by Contractor. rrtr...... ' ' ' "? "" ~ 5. WARNING, CLAIMS AND LIMITED LIABILITY, a. The GENERAL DESCRIPTION OF THE VARIOUS TYPES OF ASBESTOS IS SET FORTH IN SCHEDULE A-1: HOWEVER. DUE TO THE VARIOUS USES THEREFOR. THE COMPOSITION OF ANY TYPE OF ASBESTOS MAY VARY AND MAY CONTAIN OTHER MATERIALS; THEREFORE. IFCONTRACTOR IS TO DISPOSE OF THE ASBESTOS PURSUANT TO SCHEDULE A-1. MONSANTO PROVIOES THE ASBESTOS TO-CONT-RACTOR ON AN "AS IS" . BASIS, "WITH ALL FAULTS". ANO WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. ' - : (TERMS AND CONDITIONS CONTINUED ON PAGES 2 AND 3 HEREOF) ` This Agreement shell not 6e binding on Monsanto unless executed by Monsanto and an authorized representative of Contractor^ and delivered to Monsanto within thirty (30) days from the date above. r i * iConwicwt1 Qrw~'r.X*2 tw* TJTVf - ^ - ------- - ot i.iee 11 _ | a A - - MONSANTO COMPANY a- , - -- * 1 r-.f- ^ t. 3 *!Cr "* 8V TITLE. 61^ 21243 N ICNM5 AftlJ - con"nuea) C o n tra c to r s h a ll perform a ll S ervices in a sound, s a fe , la w fu l and w orkm anlike manner and, 6113 21244 \ * S i* Contractor >s :o c.soose z* *"e Asoastcs pursuant 'o ana Damages r. arising out of or connected .vcn iai any Asbes 1 Schedule A-1. all claims oy Contractor for any cause *nat- tos following delivery thereof to Contractor: (b) Services or any soever (wnetner based m contract, warranty, negligence, strict otner activities, services, or ooerations of or oy Contractor, its liability, otner tort, violation of :aw or otherwise) snail oe employees or agents under or related to this Agreement: or (c) deemed waived unless made m writing and received by Mon any failure of Contractor or any of its employees or agents to santo witnm forty-five (45) days after delivery of the Asbestos to observe or comply with any of Contractor's duties or obliga Contractor. tions under this Agreement including, without limitation, any c. If Monsanto furnishes technical or other advice to Contrac failure to ooserve or comply with any applicable laws, ordinan tor. whether or not at Contractor s request. Monsanto snail not ces. codes, orders, rules or regulations. The foregoing obliga be liable for. and Contractor assumes all risk of. such advice tions of Contractor shall include, but not be limited to. any and and the results thereof. all Liabilities. Proceedings and Damages for or relating to (i) Nothing in this Section 5 shall in any way create or imply any injury to or death of any person (including, without limitation, liability to Monsanto nor dimmish any of Monsanto's rights employees and agents of Contractor or Monsanto, (ii) damage under Section 7. Indemnification, of this Agreement. to or dss or destruction of any property (including, without 6. CONTRACTOR'S COVENANTS AND WARRANTIES. Con limitation, property ,of Contractor, or Monsanto, and their tractor covenants with and warrant's'6 Monsanto that: employees and agents), and (iii) any contamination of. injury or a. Contractor is engaged in tne business described nerein as damage to or adverse effect on persons, animals, aquatic or Services and nas-the requisite experience, knowledge and wild life, vegetation, waters,, air, land or the environment. expertise, suitable faci I ities,=q;uiii frebpexsqnnel and legal right.. .The foregoing indemnification shall apply regardless of the , to perform Services hereunaer/1_______ _ r - basis of liability or legal principle involved (including, without -- so indicated in Schedule A-1.fcontfsetodshall promptly limitation, contract, warranty, negligence, strict liability, other dispose of the Asbestos aune_Disposai Facility by the method tort, violation of law or otherwise), but shall not apply to Liabili indicated in Schedule safe analaWrulirtaene^fnd shall ties. Proceedings and-Damages resuiting-soleiy and directly not in any manner salvage, reclaim, refuse, sell or distribute the from Monsanto's negligence or willful or criminal misconduct. Asbestos or any part thereof: Upon the request of Monsanto or any other person or party c.'.lrrperforming Services, Contractor shall comply with all covered by the foregoing indemnification, Contractor shall, at laws, ordinances, orders, rules, regulations and actions of the its expense, cause any such claims, tiabiiities. suits or proceed United Statesand of any state or political subdivision thereof or ings to be defended by counsel approved by Monsanto, and other govern mental unit or agency which may now or hereafter Monsanto shall have the right, at Contractor's expense, to par- be applicable to the performance of Services bv or on behalf of Jjcipate jn the investigation, defense, settlement and/or .com Contractor. In addition, but not limited to the general reference promise of same. to applicable iaws,ordinances. orders, rules, regulations and . 8. INSURANCE BY CONTRACTOR, a. Cont_r_a_c_tor shall not actions set forth above. Contractor shall^oaffthat is neeeaaai^^Tjegin performance under this Agreement unless and until: '"`X^cwnptY-wUh-aU-the-following requirementsand safe handling- 4*}-Uftas-obtained-alfthe insurance required by this Agree procedures set forth in ment: i) 2SCFR 1910.1001. (ii) It has furnished Monsanto with certificates of insurance ii) 40 CFR 61.140 through 61.156. National Emission Standards satisfactory to Monsanto evidencing such required insufr ^-^u-i^for Asoestos.arrd--------------------- ~ 'pane's: iii) The Asbestos Safe Handling Procedure as set forth in Sched- (iii) Copies of any provisions in Contractor's contract(s) of ,ii4 -f uie A-2 hereof. insurance excluding coverage for pollution have been . d. Contractorhas obtained andshall keepin effect all permits, provided to Monsanto.- licenses apd .other forms of documentaton required now or b. Every contract of insurance providing the coverages hereafter in order to comply with all such governmental laws, required herein shall provide that such coverages shall not be ordinances, orders, rules, regulations and actions; and that, terminated, reduced or allowed to expire without the insurance upon request of and without charge to Monsanto, Contractor carrier first giving Monsanto at least thirty (30) days' prior writ shall furnish Monsanto with copies thereof, together with any ten notice thereof, and Contractor shall make such arrange certificates or other instruments related to the performance by ments as are necessary to ensure that no termination, reduction Contractor of its obligations under this Agreement: and or expiration of the insurance required herein becomes effec e. Contractor knows and understands that Asbestos is; or tive until thirty (30) days after Monsanto receives such notice. may have been in contact with or contain materials that arecf' c. Contractor shall take out and maintain, at its expense, flammable, toxic, corrosive, hazardous or defective and that during the term of this Agreement, and fora minimum of two (2) excessive exposure to Asbestos can result in serious injury to or years following the expiration or termination of this Agreement, death of persons so exposed from, among other things, asbes- at least the following insurance in insurance companies satis tosis and lung cancer. Certain information as to the character of factory to Monsanto: the Asbestos and certain recommended.precautions for expo sure to and handling of the Asbestos have been provided to Contractor by Monsanto as described or.referred to in Schedule.. A-2. Contractor snail advise and inform its employees, agents, and representative^# the nature of the Asbestos and the potential hazards connected with it prior to such individuals' employment in connection with Services and shall see that all appropriate safety and handling precautions are followed to ensure the safety and well-being of persons, property and'the enWrorimeritin the performance of Services. ; s f. The presence of Contractor or ^^fnpioyees and/or aganta (1) "T2) (3) " (4) (5) Coverage Limits Workmen's Compensation Statutory - Empioyer'S'Ciaisinty * ~ ~' $500,000 each occurrence Public Liability S500.000 each person (Bodily.Injury)... : i, $1,000,000 each occurrence Public Liability " $1,000.000 each occurrence (Property Damage) Automobile Liability " '"STOOO.OOQ combined single (Bodily Injury and limit Property Damage) ' .. . , shall be reatfiptedjo (hose areaaat the Monsanto Point of d. The insurance certificate evidencing the required coverage Origin designated.by Monsanto.. shell include a certification that the above described insurance 7. INDEMNIFICATION. Contractor assumes-;oif respon coverages include contractual coverage for Contractor's liabil sibility for, and snail indemnify and hold harmless Monsanto, its ity under this Agreement. present, past and .future employees and agents front and e. Contractor shall secure from the company carrying Con against any and all claims, liabilities, suits, proceedings, judg tractor's Workmen's Compensation insurance a waiver of sub ments. orders, fines,, penalities, damages, loss#*, coats and rogation in favorbf Monsanto and its employees and agents and expenses (Including, without limitation, costs ofdafense, settle shall furnish to^Monsanto a copy of said waiver. ment and reasonable attorneys' fees and expenses), (all of the f. The insurance requirements.set forthHerein, are minimum foregoing .herein collectively called "Liabilities. Proceedings coverage requirements and arenotto be construed in any way iCnitflo w . w V ... .ucw, as a limtat'cn on Con'-s:":' 5 ^acuity urcer :-.s igree'-,9nt. cr iccresses as may oe soec:? ed from rime :o :,me a written 9. NOTIFICATION OF CITATIONS ANO CLAIMS. Contrac notice given oy suen party. The parties shall acknowledge in tor agrees that it will crcrrotiy notify Monsanto of any of tne writing tne receipt of any such notice delivered in person. . following which is connected with any activities. Services or IS. SECRECY PROVISIONS. Contractor, its employees and operations of Contractor under this Agreement: (i) any warn agents shall treat and maintain as Monsanto's confidential ing, citation, indictment, claim, lawsuit or proceeding issued or property, and not use or disclose to others during the term of instituted toy any federal, state or local governmental entity or this Agreement and for ten (10) years thereafter, except as is agency, (ii) the revocation of any license, permit or other docu necessary to perform Services hereunder (and then only on a ment issued to Contractor toy any such entity or agency, or (iii) confidential basis satisfactory to Monsanto), any information any other claim (including, without limitation, claims for Work (including any technical information, experience or data) re men's Compensation) or lawsuit against.Contractor. for per garding Monsanto's products, plans, programs, p'lants. pro sonal injury, death or property damage. cesses. costs, equipment, operations or customers which may 10. EXCUSE OF PERFORMANCE. The performance or obser be disclosed to or come within the knowledge of. Contractor, its vance by either party of any oDiigations of such party undennis employees and agents in the performance of this Agreement, Agreemenjjnay_.be, suspenced by it. in wnoie orm part, in the without Monsanto s prior written consent. The provisions of this event of any of the following *hicn prevents such performance Section 15 shall not apply to any information referred to in this or observance: Act of Goo. war, riot, fire, explosion, accident, section which.Contractor establishes (i) has been published flood, sabotage, strike, lockout, injunction, inability to obtain and has become part of the public domain other than by acts or fuel, power,-raw-materials, labor, containers or transportation omissions of Contractor, its employees and agents (ii) has been facilities, breakageor failure of machinery'or apparatus, national furnished or made known to Contractor oy third parties (other defense requirements.-compliance with governmental laws, than those acting directly or indirectly for or on behalf of Mon regulations, orders or action, dr any other cause (wnetherl'fm- santo) as a matter of legal right and without restriction on ilar or dissimilar) beyond the reasonable control of such party; disclosure, or (iii) was in Contractor s possession prior to dis provided, however, that the party so prevented frotp [Complying closure by Monsanto to Contractor and was not acquired by with its obligations hereunder shall immediately,notify in writ Contractor, its employees and agents directly or indirectly from ing the other party thereof and such party so prevented shall Monsanto. ' " ' ' exercise diligence in an endeavor to remove or overcome the cause of sudh inability to comply, and provided furthernthat 18. INSPECTION OF SERVICES. Monsanto shall have the right to inspect Services performed by Contractor at any time . neither partysFvail b^requiyetf to settle a labor disputeiifainst during the term set forth in Schedule A-1, including a final its own best1'juSgMlenb'.Defivaries suspended or not made by inspection after all Services have been performed hereunder. reason of this Section shall be., at Monsanto's discretion, can celled or rrsadeop without liability. If deliveries are made up. the termination Wate in Schedule A-1. shall be extended accord Inspection or failure to inspect by Monsanto shall not, under any circumstances, constitute a waiver of any of the provisions of th is Agreement or Schedule A-1 or A-2, or of any of Monsan ingly. Nofhing_m this Section 10 shall excuse Contractor from to's rights thereunder. If, upon inspection Of Services, any part performance or observance Of its obligations under'this Agree thereof is found to be faulty, defective or not of good quality, or ment by reason of.its failureor inability. toobserve or comply not in compliance with government or Monsanto requirements' with Section fie.'ord. of this Agreements :r re ; `3^>v for handling'asbesfos. Contractor shall promptly correct! ati<fs 11. TAXES; 'Contractor shall pay all applicable sales, cori^yT sola risk ahd expense! any deficiencies. However, under no $ u.mer, use.-service, occupation, privilege or other similar-taxes circumstances shall Monsanto's inspection extend to the super required by taw (including interest and penalties, if any) relating vision or direction of Contractor's employees or agents. to Services without reimbursement by Monsanto,unless other 17. CHANGES AND MODIFICATIONS OF SERVICES. Mon wise speci.fically.iet fogth in this Agreement Contractor shall also pay ait federal income, excise and privilege taxes arid all state and Ideal income taxes,lfra,ny, relating to Services without reimbursement by Monsantof ,,, . santo may from time to time make changes in or modifications to the scope.of.Services which shall be in writing, and Contrac-^ tor shall incorporate such changes or modifications intbSei^fh vices. If such changes or modifications result in an increase or 12. INDEPENDENT CONTRACTOR. Contractor is and shall decrease in the fee for Contractor's performance of Services, always remain an independent contractor in its performance of the payment shall be adjusted accordingly. this Agreement. The provisions of this Agreement shall hot be 18. DISPENSARY. The treatment and care of injuries sus construed as authorizing or reserving to Monsanto any right to tained by Contractor's employees and agents shall be, and exercise any control or direction over the operations, activities, remain, the responsibility of Contractor. However, Monsanto's employees, or agents of Contractor in connection with this first aid facilities wHI be madeavailable to Contractor's employees Agreement, it being understood and agreed that the entire con and agents in emergency oases, which are the direct result of trol and direction of such operations, activities, employees or accidents occurring on Monsanto's site during authorized work agents shall remain with Contractor. Neither party to this hours. Monsanto shall incur no liability for. and Contractor Agreement shali have any authority to employ any person as hereby agrees to indemnify Monsanto against any causes of agent or employee for or on.pe.ha.lf of the other party to this action, claimSliability.Wlsgost*including reasonable attorneys' Agreement for any purpose, andrteither party to this Agree fees, and expenses, arising in whole or in part out of the furnish ment. nor any person performing any duties or engaging in any ing of such first aid facilities to Contractor's employees and work at the request of such party, shall be deemed to be an agents, or out of the failure to furnish such facilities. employee or agent of the other party to this Agreement. 19. MISCELLANEOUS, a. This Agreement constitutes the full 13. ASSIGNMENT. Contractor may not. whether by operation understanding of the parties, a complete allocation .of risks of law or otherwise, assign or otherwise transfer any of its rights between them and a complete and exclusive statement of the nor delegate the performance of any of its obligations under terms and conditions of their agreement; and ail prior agree this Agreement without Monsanto's prior written consent and ments, negotiations.-deilings and understandings, whether any attempted assignment, transfer or delegation without such written or oral, regardih'g the sub'jedt matter hereof, are hereby consent shall'bb void and of no effect. Subject to the foregoing, superseded and merged into-this Agreement: No conditions, this AgredHieht shall inure to the benefit of and be binding upon usage of trade, course of dealing or performarite, Understand the parties heretb'dhd their respective successors and assigns. ing or agreement purporting to modify. Vary, explain or sup 14. NOTICES. Unless otherwise specified In this Agreement, plement the terms or conditions of this Agreement shall be any notice, request.'approval or othof dobument required"or binding unless hereafter made in writing and signed by the permitted to be given under this Agreement ahatj be In'writing party to be bound, and no modification shall be effected by the and shall bedeemed to have been sufficiently given^ehOeliH acknowledgment or acceptance of any form* containing terms -ojgbred in person'or deposited in the U S. mail, postage prepaid, or conditions at variance with or in addition to those set forth in addressed as specified in Schedule A-1 or to such other address this Agreement. No waiver by either party with respect to anv 3. 6113 21245 TERMS AND CONDITIONS (continued) breaker ae'au'.t or of any '>gnt or remedy and no course of dealing or performance snai'- oe deemed to constitute a continu ing waiver of any otner oreacn or default or of any other right or remedy unless such waiver oe expressed in writing signed by the party to be bound. b. As used m this Agreement, employees and agents of a party hereto shall be deemed to include such party's past, present and future officers and directors. c. Section headings as to the contents of particular sections are for convenience only and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular sections to which they refer d. The validity, interpretation and performance of this Agree ment and any dispute connected herewith shall be governed and construed in accordance with the laws of the State of Missouri. e. If any term or provision of this Agreement or any applica tion thereof shall be invalid or unenforceable, the remainder of this Agreement or any other application of such teun or provi sion shall not be affected thereby. SCHEDULE A-1 TO ASBESTOS REMOVAL/DISPOSAL AGREEMENT BETWEEN MONSANTO COMPANY AND TERM OF AGREEMENT 1 j ! _____________________ DATED SCOPE OF SERVICES Stripping and removal of Asbestos C Disposal ofAsbestos at the Disposal Facility Encapsulating and safa rendering of/Asbestos insulation. Other (Specify) GENERAL DESCRIPTION OF VARIOUSWYPES OF ASBESTOS DISPOSAL FACILITY METHOD OF DISPOSAL MONSANTO POINT OF ORIGIN -- FEE ADDRESS FOR NOTICES EXPOSURE PRECAUTIONS ; FOR MONSANTO: 1 FOR CONTRACTOR: Respirator training and tot fitting by Contractor or Monsanto. Asbestos air monitonng by Contractor or Monsanto. 6113 21246 SCHEDULE A-2 ASBESTOS REMOVAL/DISPOSAL AGREEMENT ASBESTOS SAFE HANDLING PROCEDURES DATE REMOVAL AND HANDLING 2.1 Training -- All personneK^Imvoived in ^sbestos/romove? of any kind must first participate in a documented asbestos 1. Safe Handling -- Excessive exposure to Asbestos can result in serious injury or death to persons so exposed from, among other things, asbestosis and lung cancer. It is therefore important that Contractor, its employees, agents and representatives comply with all applicable federalL state and local laws and regulations in performing Sef^jr" Vi ces. In addition. Contractor and its employees, agents and representatives shall apply the safe handling procedures in training program. Training will concentrate on engineering controls, housekeeping methods, respirator usage includ ing fitting and limitations of the respirators, the health effects of psbestos exposure, necessary protection equip ment and the contents of ail the provisions of the Asbestos standard in 29 CFR 1910.1001. A and 40 CFR01 .140-1 MjpM of attendees will be maintained and provided to Monsanto upon request. .# this Schedule A-2 in order to ensure the safety and well- 3. Medical Exams -- All personnel involved in asbestoaf being of persons, property and the environment. work shall initially be given a complete medical exam to A ASBESTOS,HANDLING PROCEDURES (continued) incude as a n'mimun a ti'-sst x-ray. 'istcry of rosoiratory disease symptoms, and pulmonary function tests to mea lene barner without first putting on all required persona(pF5protective equipment. sure forced vital capacity iFVC) and forced expiratory volume at one second (FEV).No medical exam will be required if Contractor provides Monsanto with medical records showing a chest x-ray. respiratory disease history and lung function tests witrtin the immediately proceeding twelve-month period for all personnel. -^re^ulo.leJ C. Upon completion of Services, surfaces inside the clean room must be cleaned with a vacuum having high efficiency particulate (HEPA) filters to capture asbestos fibers. Material collected should be handled as asbestos fibers. The clean room enclosure should be disassembled carefully at the completion ofjarvi- 4. Personal Hygiene -- Asbestos removaFpw^rk must be ces and handled asp'sbestos-containmg material. organized to limit the number of timespefsonnel will enter and leave asbestos-cowtaminste^r^feas to prevent the spread of asbestos fibers. Before going to lunch or when~ever leaving thefrentammatee area, personnel must remove ,f lasBsstos 'ContammatadAciothing and wash their handsr D. ^ set i v? In areas where a clean room cannot be constructed, all surfaces onto which asbestos fibers may have settled must be cleaned with a vacuum having high efficiency particulate (HEPA) filters. The collected forearms, faces and necks. Upon return to the worksite, new protective clothes must be put on. ^ j a^?cl material must be handled as Asbestos fibers. E. If Asbestos removal work is being done in a building, Cowtaminatod.disposable coveralls-eflall not be worn out side tne designated jlsoestos wotH^area. Used, disposable coveralls should never be stored with street clothing. Prop erly dispose of the used covergails before leaving the jfcbes- area or room that has a central air handling system, the air handling ducts must be sealed off to prevent contamination of the ductwork and other areas served by the ductwork. tossw^area.^ ^olated *1. Handling Procedures 5. Personal ProtectLve"Equipment -- Personnel working in asbestosfelatowvork areas shall wear the following per* sonal protective equipment: _, -s ?l iXC s. face a lO ^ respiratorywith high su } efficiency dust car- A. Friablepsbestos materials must be throughly encap sulated or wet down to prevent emission of airborne fibers before and during the removal process. There shall be no discharge of visible emissions to Ubout side air. The preferred encapsuiant method involves I a4 Ml l^jyjdual parsewias)l must have been fit tested with /thisvresoirator within the immediately proceeding twelve- 4M use of "Asbestite" products, either applied with an airless sprayer or injected. Cmonth period. I'ire p b. Disposable Tyvek coveralls with attached hood and .rieft-->> boots or equivalent, c. Disposable gloves. d. Safety glasses and^iard^ hats (in required areas). 6. Removal of PersohaT Protective1Equipment -- When leav If "Asbestite" is not available, the second choice is the use of water mixed with a liquid detergent to act as a wetting agent. This/is applied with a portable, hand held sprayer. , Encapsulating/wetting and removing ifsbestos is at least a two-person job. One person should continu ing asbestosBantaminatcd areas, personnel must remove ously wet the material being removed while the their personal protective equipment. Respirators should be second person actually removes the asbestos. removed last, cleaned and stored properly to ensure non-contamination. B. Whenever and wherever possible, an oscillating saw used in conjunction with a HEPA vacuum should be Disposable coveralls and gloves should be removed care used to cutdsbestos-containing material to prepare it fully. being turned inside out as they are removed: coveralls for removal. and gloves should not be re-used once they have been removed. Care must be taken to avpid shaking protective coveralls to avoid the release of Asbestos fibers. When possible, suits should be vacuumed off prior to removal. Waste equipment should be placed in approved bags or containers. C. Material removed shall not be dropped to ground level. All material shall be encapsulated/wetted and lowered to ground level or shall be conveyed to ground level via dust-tight chutes and containers. D. All Asbestos materials that have been removed or Work Area Preparation stripped shall be kept adequately wet at all times. A. Asbestos cagtion signs shall be placed in all ap E. All Asbestos-containing waste material shall be wet- proaches to ^asbestos-involved work areas at such a te^ncapsulated and sealed in leak-tight polyethy distance as to allow personnel to read the signs and lene bags. The bags shall be marked or tagged with a take proper protective steps before entering the area. label that states: The signs shall state: CAUTION Asbestos Dust Hazard Avoid Breathing Dust Wear Assigned Protective Equipment Do Not Remain in Area Unless Your Work Requires It Breathing Asbestos Dust May Be Hazardous To Your Health Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health ORM-C NOTE: Waste asbestos materials include used cover alls. gloves, dust collection filters and collected mate rial. etc. B. When asbestos removal operations involve open and accessible work areas, the asbestos related work area must be isolated with a clean room to prevent expo sures to transient workers. The clean room should be constructed of polyethylene sheet covering walls, ceil ing and floors; and should include a separate entry section for removal of contaminated clpthing. Transient workers may pass through posted Asbestos work areas but must wear an approved dust respirator. Transient workers may never pass through a polyethy F. '*6 sealed bags should be placed in tSa^approved weather protected, low traffic wasteesbestos storage area prior to disposal. Where appropriate, the bags may be placed in fiber or metal open-head drums. B*e Bfumi must also be labeled as shown above in */E. ). Monitoring -- Monitoring to determine worker exposure to asbestos fibers shall be performed during the early stages of Services and repeated at the discretion of Monsanto's Industrial Hygienist. 5. 6113 21247