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