Document ppGXd7VN09Bg28YQ3Dvm8GE4E

FILE NAME: Asbestos Cement Pipe and Sheet (ACPS) DATE: 2000 Dec 4 DOC#: ACPS130 DOCUMENT DESCRIPTION: Legal - Declaration of Ernest H. Pronske I y, > ~ - ^ JEROME D. YOUNG, ESQ. (SBN 060217) KAREN T. DUTTON,ESQ. (SBN 125011) MULLEN & FILIPPI, LLP Three Embarcadero Center, Suite 420 San Francisco, CA 94111 Telephone: (415) 835-7540 Attorneys for Defendants J-M MANUFACTURING COMPANY, INC.; J-M A1C PIPE CORPORATION: and FORMOSA PLASTICS CORPORATION, U.S.A. PLAINTIFF'S I EXHIBIT , .________ ' I . IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA WILLIAM HARDCASTLE, ET ALet al., Plaintiffs, vs. ADVOCATE MINES, LTD., ET ALet al., Defendants. ) CASE NO. 830058-2 ) DECLARATION OF ERNEST H. ) PRONSKE IN SUPPORT OF ) MOTION FOR SUMMARY ) JUDGMENT OR SUMMARY ) ADJUDICATION OF ISSUES ) j ) d a t e : L t e & m . W u r ' l1< ) TIME: HUGO 0. AT __________________________ ___________) DEPT: 20 I, Ernest H. Pronske, declare: 1. lam the former President of J-M Manufacturing, Inc., and a former Vice President of both J-M Manufacturing, Inc. and J-M A/C Pipe Corporation. I make this declaration of my own knowledge and if called as a witness, I could and would testify as set forth herein. 2. During the period from 1983 to 1987, J-M Manufacturing Company, Inc. and J-M A/C Pipe Corporation shared corporate officers. As of July 1, 1983, R. Chi l DECLARATION OF ERNEST H.PRONSKE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES EXHIBIT _JU_ 1 was President of both corporations. From March 15, 1984 to June 15, 1986, W. 2 Wong was President of both corporations. Effective March 15, 1985, J. Chen, E. 3 Chen and I were Vice Presidents of both corporations, and M. Kuo was Treasurer of 4 both corporations. 5 3. During the period from 1983 to 1987, there was a single Policies and 6 Procedures Manual which applied to both J-M Manufacturing Company, Inc. and J-M 7 A/C Pipe Corporation. Attached as Exhibit 1 is a true and correct copy of the face 8 page of the Policies and Procedures Manual in effect during part of that time, showing 9 the titles of both corporations. 10 4. During the period from 1983 to 1987, it was generally true that 11 employees at the plant located at 1051 Sperry Road, Stockton, California ("the 12 Stockton plant") whose primary duties were in the pvc pipe operation were classified 13 as employees of J-M Manufacturing Company, Inc. Employees whose primary duties 14 involved the production of asbestos cement pipe were classified as employees of J-M 15 A/C Pipe Corporation. However, there was some overlap of duties between 16 employees of the two groups, and overall supervision of the plant operation was the 17 responsibility of a single plant manager. I am familiar with an employee from that 18 period named Cecil Bonzo. Mr. Bonzo worked primarily in the asbestos cement pipe 19 operation, and was therefore classified as an employee of J-M A/C Pipe Corporation. 20 However, Mr. Bonzo's supervisor was the plant safety manager, classified as an 21 employee of J-M Manufacturing, Inc. 22 5. During the period from 1983 to 1987, J-M Manufacturing Company, Inc. 23 and J-M A/C Pipe Corporation shared the same liability insurance coverage and the 24 same workers compensation insurance coverage. In addition, all employees at the 25 Stockton plant were covered by the same benefit plans. 26 2 DECLARATION OF ERNEST H. PRONSKE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES 1 6. During the period from 1983 to 1987, there was a single Corporate 2 Safety Program for the Stockton plant, in the name of both J-M Manufacturing 3 Company, Inc. and J-M A/C Pipe Corporation. Attached as Exhibit 2 is a true and 4 correct copy of the Corporate Safety Manual in force during part of that time. 5 7. During the period from 1983 to 1987, J-M Manufacturing Company, Inc. 6 and J-M A/C Pipe Corporation used the same corporate forms. Attached as Exhibit 3 7 are true and correct copies of some of the forms used during that time. 8 8. In January, 1987, Dr. E.E.Wang was employed by J-M Manufacturing 9 Company, Inc. as Manager, Environmental Control. One of Dr. Wang's duties was to 10 prepare Material Safety Data Sheets for all products manufactured at the Stockton 11 plant for which they were required. Attached as Exhibit 4 is a true and correct copy 12 of a Material Safety Data Sheet prepared by Dr. Wang for transite pipe, a product of 13 J-M A/C Pipe Corporation, on January 30, 1987. 14 I declare under the penalty of perjury under the laws of the State of California 15 that the foregoing is true and correct. 16 Executed this day of November, 2000, at ^ , 3 d ) f ) , 17 California. 18 19 20 21 22 23 24 25 26 3 DECLARATION OF ERNEST H. PRONSKE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES DEC O 61996 J- ?SFACIRI& C W A N Y, INC. J-f! A/C P IP E CORPORATION - APRIL 1986 T .,A Il _ . - .- .\ .. ' r"> ) II I i II iI ii vHM MANUFACTURING COMPANY, IN C. J-M A/C P IP E CORPORATION i5 I C ORPORAT E S A F E T Y PROGRAM CONTESTS I Page Statement of Corporate Safety Policy........................... 1 Acknowledgement of Receipt of Company's Safety Rules.......... 2 Objective of Safety Program..................................... 3 Basic Safety Program............................................. 4 - 6 Position Responsibilities........................................ 7 - 8 Control of Safe Working Conditions............................. 9 Training and Supervision ofEmployees........................... 10 Safety Inspections.............................................. 11 Safety Meetings................................................. 12 Basics of Accident Prevention................................... 13 Accident Investigation................. 14 Employee Health and Emergency Treatment or Injuries........... 15 Legal Safety Requirements....................................... 16 Employee Consultation and Warning Notice....................... 17 General Safety Rules............................................ 18 - 20 Specific Safety Regulations.................................... 21 - 31 Appendix ! 1t j STATEMENT OF CORPORATE SAFETY PO L IC Y i1 As management, wa at J-M Manufacturing Company and J-M A/C {i lj Pipe Corporation recognize our responsibilities to establish '] j a policy in the interest or safety. The safety and health of 11 ;\ employees at J-M is of primary importance. It is the policy if i of this Company to provide safe and healthful working conditions iI ! and operating practices that will ensure a safe work environment for employees. All levels of management have a primary responsibility for the safety of all employees. The employee in turn is expected i- to adhere to the regulations and policy outlined by the Company. Management and supervisors at all levels will assure that a safe place to work is provided for all emoloyees. Employees will be expected to assist in uncovering unsafe working condi tions or unsafe equipment by reporting such conditions or equioment to their supervisors. In order for this safety program to become effective, managers or each department must personally take a serious interestin safety. Ir must be pointed out that safety is the responsi bility of every executive, every manager, every supervisor, and every worker within each one's scope of action. These responsibilities can be met only by working continuously to promote safe work practices among all employees and to main tain property and equipment in safe operating conditions. By working together, we can maintain a safe working environment for all employees. MANAGER, ENVIRONMENTAL CONTROL VICE PRESIDENT, OPERATIONS DIVISION ^PRESIDENT OF THE COMPANY -1- ACXiroWLSDGSMEHT OF RECEIPT OF COMPANY 'S SAFETY RULES I have received^ana read a copy of Company's Safety Rules, and agree to follow all rules' as a concition of my eaiDloyment. I will ask my supervisor if 1 do not" understand any or the rules. If I find any unsafe conditions, I will report them to mv supervisor. SIGNATURE OF EMJ? VjA.-- OATH Copy to be returned to personnel department. -2 p i-i OBJECTIVE OF SAFETY PROGRAM It is the objective of J-M Manufacturing Company, I::ic. and J-M A/C Pipe Corporation to implement an'effect,ive safety program'in order tg minimise injury and suffi to employees, promote maximum efficiency of operath throughout the Company. The broad objective can be successfully achieved by initiation and continued observance of tne following: 1. Plannincr all work to minimise personal injury,'property damage, and loss or productive time'. 2 . Maintenance of a .system for oromot detec tion and correction of faulty procedures, unsafe practices and conditions. 3. Making available and enforcing the use q personal protective ecruipment and all necessary mechanical guards. 4. Establishing an effective system of tool and equipment inspection and maintenance. 5. Institution of an educational program, to maintain interest and cooperation"or all levels of employment throcn (a) investi gation, of all accidents to'determine cause and initiation of prompt corrective action, (b) regular effective safety meetinas, (c! posting and enforcing minimum safety rsquir; menus for all job operations, (d) use or bulletins , posters', and other appropriate visual aids.' -3- I BASIC SAFETY PROGRAM I. Purnose: The purpose of this program is to erectively cuide the company employees in -che pursuit of safety. "Efforts directed t rduce accidents will succeed"only to the decree than all manacrement personnel aonlv th principle than safety is an operating responsibility and demands the same executive direcrion and control given to increasma efficiency of production, I l . Suoervisor Activities -- BASIC: Specific safety functions are assigned to supervisors^ They are designed to involve the supervisor in all areas or the program Because it, is only through their active participation and "support that the program can "be s u c c e s s f u l T h e s e activities can be related to the acronym B A S i C, indicatine they are fundamental, but essential to" the program. They are: B-3asic Training A-Accident Investigation S-3aatv Meetings i-Inspections C-Counseiing Individual Employees Basic Trainlnc: Supervisors are required to participate in an indoctrination program tor new employees. The purpose is to maxe certain that the employee receives the necessary information to begin work. Training progress of new employees must be closely monitored by supervisors to insure tne employes is performing" the ~icb as in structed and doing it safely. This orienta tion checklist will become a permanent part of the oersonnel file. M A jxCrksls-/jyor Accident Investicration : Supervisors will conduct investigations of all injuries to their employees. The Accident Investigation Report will be completed to in clude corrective"action taken, and forwarded to the plant manaaer for review within two days. The safety"officer will maintain accident report riles. The responsibility to conduct an accident investigation is one which cannot be taken lierhtiy. The reason, is obvious! It is the only wav to systematically establish all the facts concerning how and whv an accident occurred, and tnen take action to prevent a recurrence. This responsibility lies with the immediate supervisor of the injured employee. His job is"to aather all available information from the injured employee, witnesses, the scene, etc. then apply his experience in evaluating that information and report his idea of what happened, how it happened, why it happened and what has been done"to prevent a recurrence. - 4_ Following are some basics on how to get the facts: 1. Remind the employee of the ir.vestiaation1s purpose. If the employee is afraid of ridicule,.reprimand, etc., he probably will not hero in identifying the facts. He must understand the purpose is NOT to find fault. 2. Let the employee tell his/her story at the scene. His story should include wnat he was doincrr how he was doing it ana wnat happened. Let him complete his story without interruption. 3. Ask Questions. The supervisor must be sure he clears up any misunderstandings. 4. Check understanding. The supervisor should describe the accident as he understands it, checkino kev points. 5. Discuss how to prevent recurrence. The supervisor must'cover specifically what needs to"be done to prevent recurrence." Here the employee 1s, opinion could be valuable. This step must.be covered, to conclude a useful accident investioaticn. Safety Meetings: Supervisors are. required to hold safety meetings rebuiariv fcr their employees. Prepared saretv talks will be distributed'penodically. Super 1 viscrs are encouraged to present information applicable to their employees' jobs, hazards, injury experience, etc". Inspections: Each supervisor.is expected to conduct a planned inspection on his areas of responsibility"at least once a week. These inspections are to be conducted for each shift. A summary of the inspection results will be forwarded to the plant manager. It is important that the supervisors' weekly inspection be planned, not incidental. Sv incidental, it"means just keepincr our eyes open for unsafe acts or conditions. This type of inspection should be takincr place continuously The planned inspection is deliberate and thorougn When the supervisor sets out on the inspection, he has in mind out-or-the-wav areas to check, specific tools, machines', or processes ;specif ic conditions to look for, etc. Nothing is left to chance. o <i; U tT' Oj flj Counseling of .individual Employees; From time to time, it is necessary to counsel employees on an individual basis lor various reasons (unsafe acts, injury, adherence to safety rules, etc.) The topic of discussion should always have specific application^ icr the individual counseled! This feature of the gram helps to r e m x o r c a with employees man m e n t 's committment to safety. 5- POSITION RESPONSIBILITIES it. is the Company/ s policy than all employees accent personal responsibility for the succsssrul operation of the safety program as outlined below. I. Plant Manager: As part of the cooperative effort to reduce needles? waste and" personal in jury, ^plant managers will manacre the devel opment of a practical, and effective safety program. It shall be their responsibility to maintain an interest and particioate in accident control"througn (I) review and action of accident control_records, (2) review of recommendations submitted by the salary inspectors, and aporooriate cor rective action taken by the'manacers, and 13)'issue letters and bulletins concerning accident prevention croblems as required. II. personnel Or Employee Relations Manager; It is the responsibility. of the personnel manager to assure that planned safety is observed by issuincr instructions to all supervisors, holding them responsible"for preventing all accidents, and requiring them"to comply with all pro-- visions of the safety program by (1) maintenance of the accident.record.and reporting system, (2) maintenance of interested participation in safety xnrouch regular atten dance at surety meetings, and (3) initiation or corrective action in response to safety recommendations. III. Safety Officer/Sunervisor : It is the job of the safety officer/supervisor tc effectively administer the safety program to the workincr employes by (1) review .and ,supervision of the use of th accident report and investigation" forxn, (2) maintenance cf the Accident Record summary, (3) preparing the necessary insurance and regulatory jurisdictional reports- for transmittal. to the manager, l4) filing and keeping custody or all job accidant records, and (t ) controlling and supervising dispensing or safety equipments. IV. Foreman: All foremen are an integral cart of safety work and tie amount of effort they expend"toward accident prevention in their daily assignments helps determine whether or not a good safety record is established. The responsibilities of the foreman include (1) instructing personnel under his supervision in safe work practices and work methods at the" time they are given work assignments, (2) determining that all personnel have .the proper protectrve equipment and suitable tools for the job before starting work and that it is used, (3) constantly checking to see that no unsafe practices or conditions are allowed to exist anywhere under his jurisdiction, (4) setting a good example for his men, (5) acauainiing his men with "the "safety recrairements and insuring that they are enforced, (6) making a complete - /- investiaarion of accidents involvina his men to determine facts necessary to ts.<e corrective action, (7 ) promptly comDleting the Accident Report and mvestraat ion Form and" forwarding it to the safety officer, ana (8) holding weekly surety meetings with, his men to discus s observed unsafe practlces_and conditions, che accident experiercs __ of his men and the correction of the accident causes, and safety suggestions with his men. CONTROL OF SAFE WORKING CONDITIONS Positive controls should be accomplished to assure r.hat all areas and equipment: are properly maintained ana free from easily recognizable hazards. Supervisory personnel should be required to inspect: work areas and _equipment: on a scheduled "basis and to" correct: all deficiencies noted. Reports of the insoecrion results should be made and sent:" to the safety officer. Ma.ximtim use should be made -of technical specialists pro vided by the casualty and fire insurance carriers, the State Labor aha Health Department and related acrencies. Dis tribution of recommendations developed bv these acrencies wil be directed to the supervisor in charge with a formal follow-up procedure being established7 -9 - j ' / ; TRB.IBIHG &HD SUtUH-VTSION OF EHPLOYSBS | ^ ` ` ' ~~ ! j Since many industrial accidents are caused by unsafe acts .j i and they are related directly to the lack of adequate job i ; training, supervisory personnel will be required to thoroughly ;`j train and supervise each new or transferred employee in proper j i job performance and safety requirements. Rules and procedures ] should be established and posted for safeperformance at all ' \' job sites. i ; Immediate supervisors should evaluate driving techniques in ; the proper equipment along with vehicle maintenance proce- . dures for all personnel who drive or ooerate company vehicles i. or equipment. Deficiency should beraoorted andcorrected j immediately. Driver records should be maintained for all drivers of motor vehicles in order that special training or assistance may be provided promptly where needed. Short safety meetings should be held on a regular scheduled basis, at which time various pertinent safety subjects will be discussed. -10- I. SfijETSTT IN S P E C T IO N S Safezy inspection is another mezhod o f detecring potenrial accident causes. Safety inspection includes observing work operations, m a z e n a l ana eauipmenz usage, and the working environment in general. ' These inspections are a continuous part of all supervisory auzies;' they are a daily reoruiremenr of supervisory responsibilities for planning," observing ana" instructing- his men. Meaningful safety mspecrions are the result of rhe supervisor1s ability to recognize unsafe acrs or condiribns. This ability can be developed by aopivincr common sense safezy principals to the knowledge or work'operations, and by knowing why past accidents happened. It can easily be. seen why accident reporzs and investicrazions are essenziai to the safety program. The mistakes of the pasz are rhe knowledge of'tne future. -11- i SAPSTY MESTCTGS I . Monthly Meetings: A general safety meeting attended by all supervisors, foremen and their men shall be conducted by the safety officer each month. A specific topic should be selec ted and prepared for presentation prior to the meeting. If desired, foremen or supervisors may be assigned presentation duties. The following should be made a part of all monthly meetincrs : A. Discussions of all accidents and near misses occurring since rhe prior meetings should be held and corrective recommendations formulated. B. Progress toward recommendations adopted at prior months meetings shall be reviewed. C. Minutes of all meetings should be recorded to aid in monitoring progress and for Division superintendents review. 11. weekly Supervisors Meetings: A short safety meeting should be conducted weekly by each supervisor- Ail such meetings should include the roiiowing; A.- Each meeting should concern a specific topic relative to work either 'current or to be under taken in the near future. 5. Employees should be given the opportunity to. contribute to the meeting with either sugges tions or observations. C. A report of the meeting should be signed bv the supervisor and forwarded to the safety officer. Ill - Special Meetings: Unscheduled meetings shall be called as new operations, special hazards,`or other reasons dictate. -12- 1 BASICS OF ACCIDENT PREVENTION An accident is an unroresaen or unoianned event: that may or may not result in personal injury cr property damage. Accidents are caused by mistaxes"; ana" these mistaices are either unsafe acts or unsafe conditions, or a combination of the two. Although, not every accident results m damage or injury, each is a warninathat a danger exists. Any accident: may occur several times before"an injury results, but the supervisor must not let a condition go unchecked. He must first find out why it h a p p e n e d e v e n though it may appear minor at the moment. His'supervisor 1s responsibility is'to remedy hazardous acts or conditions before someone gets hurt. Basic accident causes include: failure to understand in struction, failure to give aaecruata instructions, disregard of safety rules, and lack or concentration on the job. Xncwincr these basic causes, the supervisor should then determine the unsare conditions ana unsafe acts that caused the accident and tnen'plan to prevent a recurrence as soon as possbile. The supervisor should determine the problem area and correct it before in happens. -1 3 - ACCIDENT INVESTIGATION Investigation of accidents is an essential parr of any saferv programT The investigation of accidents is non made ror the" purpose of placing blame on someone, but to ascertain the racts in oraer to prevent other accidents from the same cause- Each accident, should be investigated by the supervisor m charge. He should look for the following: (a) The true cause of the accident (b) The action taken to prevent recurrence (c) The extant of the injury or damage (d) Names of witnesses, if applicable, or available The "Supervisor's Accident Investigacin Renort Form" should be completed for axi accidents. Knowing the cause of che accidehc is valuable only,if this knowledge leads to success ful elimination. Correcrive_action is the most vital parr or accidenr investigacin. if such is not taken, the m vescigation is bach pointless and inconvoiete. The right remedy, and most economical one being spoiled, is essenrial co the success of an accident investigation. A raoecirion of a similar^accident may indicace m a c the previous remedy was inerfeccive or than the cause found was hoc the fundamental one. Once the problem is determined, corrective action should be immediate'; therefore, the signing of the investigator's name places a sense of responsibility upon the investigator to give bath serious and full attention to the completion of the report. The surety officer will review the'Investi gation Report for accuracy and completeness. If he is not satisfied", he will direct" that further effort must be made. Determining causes of accidents often indicates means which will prevent reoccurrences. When an accidenr occurs, the following steps are to be taken: 1. All employees must be instructed to report ail injury accidents to their foreman.' 2. The foreman shall pronerlv complete the supervisor's Investigation Report Form ana submit it to his supervisor. 3. A copy of the Supervisor's Investigation Report Form should be forwarded to the Sarety Officer for his information and use ih monitoring the safety program. Accident reports should be viewed as an informational cool rather than a mere administrative duty. The purpose of,an accident report is to assist the supervisor ih determining problem areas in his work operation'. The problem may be a particular piece of eouipmeht, or an unsafe procedure, or an individual in need'of instruction. Whatever the problem, the accident report, along with a thorough accident investi gation, will aia the supervisor in making his area of responsibility a saxe one. I EMPLOYEE HEALTH AND EMERGENCY TREATMENT OE XHJURIES Employee health, bpth on and off the job, reflects in production and accident losses. __Proper treatment of both minor'and serious injuries is a basic prerequisite to an effective employee health program and has a major effect on safe working attitudes of the employees. Qualified, properly trained, first aid personnel should be available for all company personnel. First aid supplies and equipment should be available and should be properly maintained- 1 -1 5 - LEGAL SAFETY KBOPJKEMKNTS Tile safery of our industry is now either regulated by the Occupational Safery and Health Administration (OSHA)'as administered by the ELS. Department of Labor, or by a similar oraanization in certain states having approved State Plans. Federal OSHA regulations that apply to our operations are found in Title 29, Chapter XVII", parts 1910 of the Code of Federal Regulations. Part 1910 is known as the General Occupational Safery and Health Standards and applies ro ci.JL.L Industries. it is the intent of JyM Manufacturing Company, Inc. and J-M A/C Pipe Corporation to comply fully with borh the spirit of the law and all applicaple regulations. -1 6 - general safety roles You are working for an organization which is sincere in its desire to conduct all of its operations in the safest manne possible. Compliance_with t h e _general safety rules listed below will assist us in achieving this objecrive. These rules are the minimum guides- for working safely. Your conuinued awareness_ana cooperation in safety is a vital part of your job. it is your duty to apply these and all accepted stanaaras of sarety. 1. Whenever you are involved in any accident that results in personal injury or damage -to property - no matter how small - accidents must be reported to your supervisor. Get first aid promptly. 2. Report_immediately, any condition or practice you think might cause injury or damage to equipment. 3. Do not operate any equipment which, in your opinion, is not in a sate condition. 4. All prescribed safety and personal protective ecruipmenu should be used wtien recruired, and maintained in a good working condition. .5. Obey all company rules, governmental regulations, sighs, markings, and instructions. Be partic ularly familiar with those that apply directly to you. If you do not understand'- ASKI 6. Lea muscles are stronger than back muscles. Lift with your legs, not your back. Bend the knees and keep the 'back straight. Plan before you attempt to move a load. Con. sider weight, size, shape, path of travel, and set down location. Get help if necessary. Protect your hands and fingers from rough . . - edges, snarp corners, and metal straos. Keep hands and fingers out of pinch points between the load and other objects. m e f 7 . a Material and equipment in the work environment -. -- .t present enough exposure -without "horseplay. Absolutely no horseplay will be tolerated. 8. Every togl is designed for a specific use. Do not misuse. Inspect daily ror defects. Keep tools in proper working condition. Maintain clean, sharp, oiled, dressed and adjusted. Never hit hardened steel with hardened steel, such as hitting a hatchet with a hammer. Tools having burrs, cracks, mushroomed heads, broken, loose, or splintered handles shall not be used. Do not place or leave tools on overhead work to avoid the possibility of them falling and striking someone below. Never leave tools lying about so they create a tripping hazard. Never carry an edged or pointed tool in your pockets or belt unless the edge or point is rully protected. Wrenches should never be used as hammers. If the jaws are worn or snrung they should be repaired or replaced. Make certain you know how to turn off any power tool before you turn it on. Dse proper eve _protection when using tools that can create flying chips or particles. Inspect all_tools for worn or loose parts before connecting it to the power supply- Make sure all guards are in place and are secure Check your work area for other people before starting the tool. Warn persons nearby. Be prepared for jamming of rotating tools. Have foaring and balance and watch out for nearby obstructions. Check yourself for loose clothing- 9. Keep stored material, scrap, and other tripping hazards out of roads and walkways, off of stairs and away from emergency equipment. Cords, cables, and hoses crossing roads gr _ walkways are to be covered to prevent tripping or damage, or are to be supported overhead - 10. The use of druos and/or intoxicating beverages are prohibited! 1 1 concentrations of combustible material must be kept to a minimum through proper housekeeping practices including trash removal and oil ana grease accumulation clean up. -Flammable liquids (flash point below 100F) -- fill drums dispensing flammable liquids should be grounded, bonding straps should be used when dispensing flammable licraids from drums to safety containers, all flammable licraids should be transported in approved safety containers. Combustible liquids (flash point above 100F) ~ All combustible liquids should be transported m closed metal containers. -1 9 - Extinguishers utilizing the proper type agent for tne type combustible or flammable present must be made available and utilized. Clear., unobstructed access to all fire extinguishers must be maintained. Care must be exercised to eliminate all Eossible sources of ignition from potentially azardaus areas -- No smoJcina regulations will be established, areas posted, and observation enforced; flashlights unproved for use in hazardous locations will*be pro vided; vapor tiaht fixtures must be provided in areas where combustible vapors may occur. -20- SPECIFIC SAFETY REGULATIONS In addition to the foregoing General Safety Regulations, the following regulations are to be observed by all personnel engaged in the work described under various classifications. COht nwi -2 1 - \ NOISE ABATEMENT PROGRAM I . Introduction: Noise is defined as, at least, an unwanted and, at most, a destructive sound. Noise can affect non only hearing but also other bodily functions. Noise acts upon rhe body very much as other stresses do. Routine exposure to intensified industrial noise may lead to chronic physiological disturbances. The wider effects of noise are considered highly controversial, and the present American standards are based only on the effecrs of noise on hearing. II. Objectives: To control or reduce exposure to excessive noise in the workplace and comply with the OSHA Occupational Noise Exposure Standard, 29 CFR 1910.95 (a) through (b). (See also Sec. VI) III. Noise Exposure Limitations: A. Continuous Noise: Employee must not be exposed to the noise in excess of the sound levels shown below: Permissible Noise Exposure Duration per day (hr.) Sound Level (dBA) 8 90 S 92 4 95 3 97 2 100 lh 102 1 105 `- h 110 k or less 115 Duration in hours = ______ 8________ , where 2 (L-90)/5 L = sound level (aEA) If the variations in noise level involve peaks at intervals of 1 second or less, it is considered as continuous noise. B. Imaulse/Impacr Noise: Exposures to impulsive or impact noise must not exceed 140 dB peak sound pressure level. IV. Engineerina/Administrative Conrrols: A. Requirement : When employees are subjected to sound exceeding the re gulated level, feasible engineering or administrative controls must be used to reduce the noise. B . Documentation ; It is important to fully document all administrative and engineering efforts to reduce noise levels, including costs. If such efforts fail to reduce noise to the re gulated levels, the documentation can be used in defense of OSHA citations on the grounds of infeasibility. V. Hearing Protection : If engineering or administrative efforts-fail to reduce employee noise exposures to less than the permissible exposures, the employees must be provided hearing pro tectors and their use be enforced. VI. Remarks: If the occupational noise exposure standard is regulated by the more stringent State or Local organizations'in certain states having approved state plans, it is the intent of this Company to comply fully with all applicable Stare/LocaL regularions. -2 9 - B . Impulse/Imoacu Noise: Exposures to impulsive or impact noise must not exceed 140 dB peak sound pressure level. IV. Encrlneerincr/Administrative Controls: A. Requirement : When employees are subjected to sound exceeding rhe re gulated level, feasible engineering or administrative controls must be used to reduce the noise. B . Documentation : It is important to fully document all administrative and engineering efforts to reduce noise levels, including costs- If such efforts fail to reduce noise to the re gulated levels, the documentation can be used in defense of OSHA citations on the grounds of infessibility. V. Bearing Protection: If engineering or administrative efforts fail to reduce f employee noise exposures to less than the permissible exposures, the employees must be provided hearing pro tectors and their use be enforced. V I . Remarks : If the occupational noise exposure standard is regulated by the more stringent State or Local organizations'in certain states having approved state plans, it is the intent of this Company to comply fully with all applicable State/Local regulations. -29- HEADING CONSERVATION PROGRAM I . Introduction: This program must be administered whenever an employee's noise exposure equals or exceeds an 8-hour time weighted average 1TWA) sound level of 85 dB measured on the A scale of a standard sound level meter. II. Objectives: To protect employees hearing and comoly with the OSHA Hearing Conservation Standard, 29 CFR 1910.95 (c) through (p). (see also Sec.. V) III. Exposure Monitoring: A. When information indicates that any emoloyee's exposure may equal or exceed the Action Level (i.e., an 8-hour TWA of 85 dBA), a monitoring program must be developed and implemented. B. Representative personal sampling must be used when there is any question that the exposure might eaual or exceed'the action level, and when the noise.levels vary greatly or the po sition being monitored is highly mobile. C. All continuous, intermittent, and impulsive sound levels from 80 dB to 130 dB must be integrated into-the noise measurements. Audio dosimeters used for monitoring must be designed and set to measure from 80 dB. D. Instruments used to measure employee noise exposure must be calibrated prior to and following exposure measurements. E. Monitoring must- be repeated whenever a change in production, process, eauipment, or controls increases noise exposure to the extent that (I) additional employees may be exposed at or above the action level, or (2) the attenuation pro vided by hearing protection being used by . employees may be rendered inadeauate. F. Each emoloyee exposed at or above an 8-hour TWA of B5 aB must be notified of the results of the monitoring. G. Employees or their representatives must be pro vided with the opportunity to observe exposure monitoring being conducted. IV. Hearing- Protectors: A. Requirements for protectors : 1. Hearing protectors must be made available to all employees exposed to an 8-hour TWA of 85 dBA or greater. -3 0 - 2. Hearing" protectcrs must be provided and replaced as necessary at no cost to the employee, except that reasonable local policies may be established reauiring payment for replacement protectors resulting from the irrasbonsible behavior of employees. 3. The wearing of hearina protectors must be enforced wnen the emoloyee is exposed to an 8-hour TWA of 90 aBA or greater. 4. Where the use of hearing protectors is mandatory, every effort must be made, including disciplinary procedures as necessary, to insure that the emoloyee wear the protectors. B. Selection: Proper selection of hearing protection must pro vide for adeouate attenuation, minimal discomfort and prevention of ear infection. Environmental work conditions such as dust, grease, temperature, humidity, etc. may dictate the choice of a pro tector: If the protector is uncomfortable,' it is not likely to be worn properly. For these reasons, a limited variety or types of hearing protectors may be reouired to ensure that adequate protecrion is provided. C. Fitting Hearing Protectors: Each employee provided hearing protectors muse be individually fitted with a hearing protector. If a change in protector type is maae, refitting must be conducted. V . Remarks If the hearing conservation program is regulated by the more stringent State or Local organizations in certain states having approved state plans, it is the intent of this Company to comply fully with all applicable State/ Local regulations. -3 1 - PeCEV'ED. /iha ctwiricafons and - - ........ w . t u i r r - H u r t n t c r j tt t J l D i O h im-.'iy date ;i the k if ihh t) ft o _Jixj j j>* From J.-M M A N U FA CTU R IN G C O M P A N Y, IMG. 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