Document gDJvpDaK5jYYoqY4K2Yz61J0Q
UNION CARBIDE CORPORATION
270 PARK AVENUE. NEW VORK. N. Y. 10017
LAW DEPARTMENT
PLAINTIFF'S EXHIBIT
September 19, 1978
Mr. J. C. Schonberg Industrial Hygiene Hahnville, LA LOCATION 519
Re: Contractor Employees* Exposure
Dear Mr. Schonberg:
Mr. J. W. Whittlesey of this Department and I have discussed the extent to which Union Carbide Corporation as Owner can involve itself in situations where employees of Contractor at any of our Sites are exposed to an environment where some degree of monitoring would be appropriate.
We both believe that if a provision reading somewhat as follows were incorporated in our contracts with any Contractor, that we would be living up to our responsibility without compro mising our wish, that the Contractor would continue to be an independent contractor.
"ARTICLE
- SPECIAL CONDITIONS
Owner agrees that, during the performance of
the Work, where employees of Contractor and/or
employees of subcontractors of Contractor are working
on the Construction Site in an area required by OSHA
Regulations, Part 1910.93(q) to be designated as a
'"Regulated Area" because of the presence or potential
presence of
therein, it will, in
accordance with Contractor's request and as agent for
Contractor, (i) provide said employees with respira
tors, (ii) undertake necessary monitoring of said . ,
area, (iff) provide the required training for said
employees in
hazards, and (iv) supply
information and data to Contractor for maintaining
appropriate records; all as required by said
Regulations and all at Owner's expense. However, it
is understood that Contractor will provide or cause
to be provided medical surveillance as required by
OSHA Regulations, Part 1910.93(q) for said employees
during the performance of the Work in said area.
BRF 0283