Document qmzzOxOjyJj0e1DLpRb9D49Xn

Monsanto (NAME-- LOCATION-- FHONEi P* G. Kenworthy DATE May 23, 1984 SUBJECT BCFERCNCE : Proposed Contractor Safety Program for Texas City to : r. c. Baca Texas City cc R. A. Ringhofer R. A. Stohr W. W. Withers M. Blankenship I have reviewed the Contractor Safety Program, and have the following comments and recommendations: 1. I have made a few handwritten changes on the text. 2. I recommend that the following be added after the second sentence in paragraph B on page 3: "When appropriate, Monsanto's purchase orders, signed by Contractor, may be used. Contracts drawn by Contractor must be reviewed and approved by Monsanto's Law Department." 3. I recommend that the following be added to the end of paragraph C on page 3: "Monsanto will advise contractor of known safety, environmental, and health hazards associated with the workplace in order that the contractor may carry out his obligations. Monsanto will also advise on the appropriateness of special protec tive clothing and equipment specific to operating areas in which contractor personnel will work." 4. I recommend that the following be added to the end of paragraph JT on page 6. "The contractor will test each cylinder of breath ing air for adequate oxygen content and ensure that the breathing air meets specifications in 29 CFR 1910.134 and grade D as described in the Compressed Gas Association Commodity Specification G-7.1-1966 prior to use." 5. I recommend that the following be added to the end of paragraph K on page 7: "When the severity of an injury dictates immediate attention on-site, Monsanto may provide first aid treatment, but only to the extent necessary to stabilize the condition of the contractor's IN-1120 SC LAWI013242 11215 employee for transport to the contractor's medical service or facility." I recommend that paragraph M on page 7 be revised to read as follows: "All contractor tools and equipment on site shall, as a minimum, be in safe working condition and conform to OSHA standards. Monsanto shall have the right to refuse or restrict the use of tools, equipment, or chemicals on the site. Contractor shall provide all tools, equipment and safety paraphernalia necessary to perform the work required. In no event shall Monsanto's tools, equipment or safety paraphernalia be used by contractor, contractor's employees, agents or subcontractors without obtaining Monsanto's prior written consent^ I recommend that the following be added to the end of paragraph N on page 7: "Each location shall institute an industrial hygiene approval system." I recommend that the following be added to the end of paragraph 0 on page 8: "Monsanto and contractor must agree in writing on whose responsibility it is to provide subsequent isolation, testing and fire watches before con tract work commences." I recommend that the following be added to the end of paragraph S on page 9: "It must be emphasized that direct supervision of contractor's employees by Monsanto must be consid ered only as a last resort and be practiced only on an extremely limited basis." The above provision is very important to preserve the independent contractor status of contractor's employees. I recommend that the last sentence of paragraph W on page 11 be revised to read as follows: "Hard hats and safety glasses will be issued and collected by the Security Department to service personnel who do not have this personal protection equipment." LA/W073243 -3- As we discussed, the program should be incorporated into Exhibit B of the contract. In addition, the following indemni fication provision should be included: "Contractor expressly assumes all risk of and responsi bility for any personal injury, including death (in cluding, but not limited to, Contractor's employees), and/or property damage (including, but not limited to. Contractor's property) arising out of the condition or use by Contractor or his employees, agents or subcon tractors of any of Monsanto's respiratory protective devises, breathing air for respirator usage, medical facilities, tools and equipment and Contractor shall indemnify and hold Monsanto harmless from and against any and all claims or suits asserted against Monsanto related to or arising from the use of Monsanto's respiratory protective devices, breathing air for respirator usage, medical facilities, tools and equip ment ." If you have any questions, want to discuss these recommenda tions, or if I can be of further assistance in any way, please do not hesitate to contact me. pk5/23a:eb Patricia G. Kenworthy SC 11217 LAM013244 lytonsarlto FROM I NAME -- LOCATION-- PHO'.C P. G. Kenworthy OATE May 23, 1984 SUBJECT REFERENCE Proposed Contractor Safety Program for Texas City TO : r. c. Baca Texas City cc R. A. Ringhofer R. A. Stohr W. W. Withers M. Blankenship I have reviewed the Contractor Safety Program, and have the following comments and recommendations: 1. . I have made a few handwritten changes on the text. 2. I recommend that the following be added after the second sentence in paragraph B on page 3: "When appropriate, Monsanto's purchase orders, signed by Contractor, may be used. Contracts drawn by Contractor must be reviewed and approved by Monsanto's Law Department." 3. I recommend that the following be added to the end of paragraph C on page 3: "Monsanto will advise contractor of known safety, environmental, and health hazards associated with the workplace in order that the contractor may carry out his obligations. Monsanto will also advise on the appropriateness of special protec tive clothing and equipment specific to operating areas in which contractor personnel will work." ^4. I recommend that the following be added to the end of paragraph 5 on page 6. "The contractor will test each cylinder of breath ing air for adequate oxygen content and ensure that the breathing air meets specifications in 29 CFR 1910.134 and grade D as described in the Compressed Gas Association Commodity Specification G-7.1-1966 prior to use." 5. I recommend that the following be added to the end of paragraph K on page 7: "When the severity of an injury dictates immediate attention on-site, Monsanto may provide first aid treatment, but only to the extent necessary to stabilize the condition of the contractor's Sc INI 120 11218 LAM013245 2- - employee for transport to the contractor's medical service or facility." 6. I recommend that paragraph M on page 7 be revised to read as follows: "All contractor tools and equipment on site shall, as a minimum, be in safe working condition and conform to OSHA standards. Monsanto shall have the right to refuse or restrict the use of tools, equipment, or chemicals on the site. Contractor shall provide all tools, equipment and safety paraphernalia necessary to perform the work required. In no event shall Monsanto's tools, equipment or safety paraphernalia be used by contractor, contractor's employees, agents or subcontractors without obtaining Monsanto's prior written consent." 7. I recommend that the following be added to the end of paragraph N on page 7: "Each location shall institute an industrial hygiene approval system." 8. I recommend that the following be added to the end of paragraph 0 on page 8: "Monsanto and contractor must agree in writing on whose responsibility it is to provide subsequent isolation, testing and fire watches before con tract work commences." 9. I recommend that the following be added to the end of paragraph S on page 9: "It must be emphasized that direct supervision of contractor's employees by Monsanto must be consid ered only as a last resort and be practiced only on an extremely limited basis." The above provision is very important to preserve the independent contractor status of contractor's employees. 10. I recommend that the last sentence of paragraph W on page 11 be revised to read as follows: "Hard hats and safety glasses will be issued and collected by the Security Department to service personnel who do not have this personal protection equipment." SC 11219 U/Wo73246 -3- As we discussed, the program should be incorporated into Exhibit B of the contract. In addition, the following indemni fication provision should be included: "Contractor expressly assumes all risk of and responsi bility for any personal injury, including death (in cluding, but not limited to, Contractor's employees), and/or property damage (including, but not limited to. Contractor's property) arising out of the condition or use by Contractor or his employees, agents or subcon tractors of any of Monsanto's respiratory protective devises, breathing air for respirator usage, medical facilities, tools and equipment and Contractor shall indemnify and hold Monsanto harmless from and against any and all claims or suits asserted against Monsanto related to or arising from the use of Monsanto's respiratory protective devices, breathing air for respirator usage, medical facilities, tools and equip ment ." If you-have any questions, want to discuss these recommenda tions, or if I can be of further assistance in any way, please do not hesitate to contact me. pk5/23a:eb Patricia G. Kenworthy SC 11220 LAM013247