Document zQn3g4dGmBV9Ymd4jJpqvx6qz

Monsanto a* S4U4 .xif 3*) "IM LAW DEPARTMENT S. J. Gisburna - M2A -4-5437 December 4, 1985 ASBESTOS REMOVAL/DISPOSAL AGREEMENT FORM (PO-123) G. H. Griffin - E2NC D. A. Samford - M2A TO T. L. Blank - G2WP H. N. Brandstetter - E2NC B. W. Eley - C2SB J. L. Henshaw - G2WB G. E. Hogan - G5NJ H. M. Keating - B3NA K. L. Knopf - E2NC P. C. Krizov - G4NC T. P. McNamara - CS7W S. D. Paul - G2WB N. Prange - 1760 G. Provencher - 1870 G. M. Rinaldi - 1440 P. H. Smith - G3WB J. H. Spraul - G2WF N. C. Stout - G2WB A. W. Thompson - E1NA B. L. Wilson - M3L J. F. Winkelmann - 1473 G. H. Woolley - M2F Attached for your information is a copy of the new Asbestos Removal/Disposal Agreement form which was created for use in contracting with outside contractors for asbestos removal projects. As you know, this form represents the joint effort of many individuals. Your contribution to this project is greatly appreciated. Please call if you have any questions or comments. 5504/rn Attachment Sandy Gisburne N-10C (R6V Z 78) C 000488 r> LAM022397 Monsanto l/seesrcs reucvau oisfosal Aoneeiam ASBESTOS REMOVAL/DISPOSAL AGREEMENT DATED AS OF BETWEEN MONSANTO COMPANY, 800 North Lindbergh Boulevard. SL Louis, Missouri 83167 ("Monsanto"), and a corporation with offices at ---------------------------------------------------------------------------------------------------------------------------- --. ("Contractor"). 1. SERVICES. "Agreement" as used herein means this Agreement and Schedules A-t and A-2 attachedhereto and made.a part hereof; "Asbestos" as used herein means esbesttformvarieties of serpentinlte (chrysotlle). rtebeckita (csocMoNte). cummingtonits grunerite. anthophyMite, and actinolite tremolits. and shall also include any materia) containing Aabeatoa asaodefined. Monsanto hereby engages Contractor, and Contractor hereby agrees as more fully described in Schedule A-t. to stripy handle, remove, transport store, and, to the extent specified by Monsanto pursuant toSchedulb'A-1. dispose of, or undertakesuchotherspecified services with respect to. certain Asbestos from the Monsanto location(s) ("Monsanto Point of Origin") set forth in Schedule A-t. such Asbestos (if disposal is so indicated in Schedule A-i) to be disposed of at the disposal facility apecified in Schedule A-t ("Disposal Facility"), upon the terms and conditions set forth herein (ail such undertakings by Contractor collectively called "Services"). 2. TERM. This Agreement shall commence on the day set forthabove and shall terminateas satforth inScheduleA-t, eitherupon the date specified therein or upon completion of Services by Contractor. However, either party may terminatethis Agreementat any time by giving the other party at least ninety (90) days' prior writtennodes, and Monsanto may alsoterminate thisAgreement effective at any time by giving Contractorwritten ororal notice (to be confirmed in writingHt(l) such actfonistaken by Monsanto pursuant to any governmental law. ordinance, order, rule, regulation or action; or (li) fiitnnmntn rlclsrmlneetriaCthreatto llaaltli nr the environment may exist because of Contractor's performance of any such Services; or (111) anybfthewamfldesorcovenantsof Contractor set forth in Section 8 or the undertakings of Contractor provided for in Section 8 hereof become untrue ocarenot fulfilled. Sections 8.7.8.9. and IS shall survive any termination or expiration of this Agreement; - ' 3. DELIVERY; TITLE AND RISK OF LOSS. a. If Contractor is ta dispose of the AsbMtoa.puauantil^^^|p|l|it, then.' delivery of Asbestos to Contractor hereunder shall bemads ad the Monsanto Point of Origin, nr aliaMffl8pr*|ljffl|||iifii8lly agreed to in writing by the parties, and delivery shall be deemed to have occurred and tittetOy.ail:rtsltot,tPwaniplyi>Berin* cidents of ownership of the Asbestos shall pass to Contractor, on an "as is" basis, "with allfsuits," and:wHttt|^KiMrrenty, express or implied, when ihe Asbestos Is stripped by Contractor from a facility at the Monsanto Point ofOrlgjj),and Contrac tor assumes full responsibility and llabilty for the safe and lawful performance.of Servtcestheraaftat.,. V. b. Contractor shall supply or arrange for the necessary transportation equipment and for the trar^ioriiiwt required to transport such Asbestos safely and lawfully from the Monsanto Point of Origin to the Disposal Facllityandshaftpbfktn prior approval from Monsanto for such transportation arrangements unless Contractor is to provide such transpOftafMil|titi)lzingits own private motor carrier(s). . , ....... . . 4. FEE FOR SERVICES. Monsanto shall pay Contractorfor the proper pertormanceofagrvices^Jjharsta(a)aatrobl)InSchedule A-i Contractor shall invoice Monsanto upon completion of Services in accordance with this Huieeinant rerineiili itiell fieflue . and payable by Monsanto within thirty (30) daysfromthedate of receipt of CanttaMnta , $/?+> (fyey^V***'--**--*T**T total financial obligation of Monsanto to Contractor. Withoutthe priorwrittan consentof Monsanto,specifics^coyeriogsame. no claim shall be made by Contractor for additional compensation for work performed by Contrat^>,ocnsatwla|and#qulpmant furnished by Contractor. .... ^ , /. 5. WARNING, CLAIMS AND LIMITED LIABILITY, a. A GENERAL OESCRIPTIONOFASaESTaSWfTHRESPECTTO WHICH SERVICES ARE TO BE PERFORMED BY CONTRACTOR IS SET FORTH IN SCHEDULE A-V; HOWEVER? DUETO THE VARIOUS USES THEREFOR. THE COMPOSITION OF ANY TYPE OF ASBESTOS MAY VARY AND MAY CONTAIN OTHER MATERIALS; THEREFORE. IF CONTRACTOR IS TO OISPOSE OF THE ASBESTOS PURSUANT TO.SCHEDULE A-1, MON SANTO SELLS THE ASBESTOS TO CONTRACTOR ON AN "AS IS" BASIS, "WITH ALL FAULTScVANO.WfTHOUT ANY , WARRANTY, EXPRESS OR IMPLIED. :. *-,<&*** v, (TERMS AND CONDITIONS CONTINUED ON PAGES 2.3 AND.4 This Agreement shall not be binding on Monsanto unless executed by Monsantoand art authorized representative at Contractor and delivered to Monsanto within thirty (30) days tram the date above.- . - --.sv , ,-j.. ... BY _____________________ TITLE ________________ PU-123(Hv. 10/8S) -------------------------------------------------- (Comrsctor) MONSANTO COMPANY c 000489 LAM022398 TERMS ANO CONDITIONS (continued) b. All claims by Contractor for any cauao whatsoever ments, orders, tines, penalties, damages, losses, costs and (whether based in contract, warranty, negligence, strict expenses (including, without limitation, coatsofdefense, settle liability, other tort, violation of law or otherwlae) shall be ment and reasonable attorneys' fees and sirpanm). (altofthp deemed waived unless made in writing and received by Mon foregoing herein collectively ceiled "UabOWoe. Proceedings santo within forty-five (45) days after delivery or sale of the and Damages"). arising out of or connectedwith (a) anyAsbes Asbestos to Contractor. tos following delivery thereof to Contractor (b) Servicesor any c. if Monsanto furnishes technical or otheradvice to Contrac other activities, services, or operations of or by Contractor, its tor. whether or not at Contractor's request Monsanto shall not employees or agents under or related to this Agreement; or (c) be liable for. and Contractor assumes ail risk of. such advice any failure of Contractor or any of its employees or agents to and the results thereof. observe or comply with any of Contractor's duties or obliga Nothing In this Section 5 shall In any way create or Imply tions under this Agreement including, without limitation, any any liability of Monsanto nor diminish any of Monsanto's failure to observe or comply with any applicable laws, ordi rights under Section 7. Indemnification, of this Agreement nances. codes, orders, rules or regulations. The foregoing obli S. CONTRACTOR'S COVENANTS ANO WARRANTIES. Con gations of Contractor shall include, but not be limited to, any tractor covenants with and warrants to Monsanto that and aH Liabilities, Proceedings and Damages for or relating to a. Contractor is engaged in the business described herein as (i) injury to or death of any person (including, without limita Services and has the requisite experience, knowledge end tion. employees and agents of Contractor or Monsanto, (ii) expertise, suitable facilities, qualified personnel and legal right damage to or loaa or destruction of any property (including, to perform Services hereunder without limitation, property of Contractor or Monsanto, and b. Contractor shall perform all Services in a sound, safe, their employees and agents), and (Hi) any contamination of. lawful and workmanlike manner and, if so indicated In injury or damage to or adverse effect on persona, animals, Schedule A-i. shall promptly dispose of the Asbestos at the aquatic orwild lifevegetation, waters, air. landortheenvironment Disposal Facility by the method indicated In Schedule A-1 The foregoing indemnification shall apply regardless of the and shall not In any manner salvage, reclaim, re-use, sell or basis of liability or legal principle involved (Including, without distribute the Asbestos or any part thereof; limitation, contract warranty, negligence, strict liability, other c. In performing Services, Contractor shall comply with all tort, violation of law or otherwise), but shall not apply to Liabili Monsanto Point of Origin fire protection, safety, industrial ties. Proceedings and Damages resulting solely and directly hygiene, environmental control and security rules, and ail from Monsanto's negligence or willful or criminal misconduct laws, ordinances, orders, rules, regulations and actions of the Upon the request of Monsanto or arty other person or party United States and of any state or political subdivision thereof coveted by the foregoing indemnification. Contractor shad, at or other governmental unit or agency which may now or its expense, cause any such claims- liabilities, suits or proceed hereafter be applicable to the performance of Services by or ings to be defended by counsel approved by Monsanto, and on behalf of Contractor. In addition, but not limited to the Monsanto shall have the right at Contractor's expense, to par general reference to applicable laws, ordinances, orders, ticipate in the investigation, defense, settlement and/or com rules, regulations and actions set forth above, Contractor promise of same. shall comply with ail the following requirements and safe 8. INSURANCE BY CONTRACTOR, a. Contractor shall not handling procedures set forth in; begin performance under this Agreement unless and until; i) 29 CFR 1910.134. Respiratory Protection; (i) It has obtained all the insurance required by this Agree ii) 29 CFR 1910.1001. Occupational Safety and Health Stan ment: dard for Asbestos; (Ii) It has furnished Monsanto with certificatesof insurance tii) 40 CFR 61.140 through 61.156. National Emission Standard satisfactory to Monsanto evidencing such required for Asbestos; and insurance; iv) The Asbestos Safe Handling Procedures as set forth in (iii) Copies of any provisions in Contractor's contract(s) of . Schedule A-2 hereof: insurance excluding coverage for pollution have been d. Contractor has obtained and shall keep in effect all permits, provided to Monsanto. licenses and other forms of documentation 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; 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 are. c. Contractor shall take out and maintain, at Its expense, flammable, toxic, corrosive, hazardous or defective and that excessive exposure to Asbestos may result in serious in|ury to or death of persons so exposed from, among other things, asbestosis, mesothelioma and lung cancer. Certain informar during the term of this Agreement and fora minimum of two (2) years following the expiration or termination of this Agreement at least the following insurance in insurance companies satis factory to Monsanto: tion as to thecharacterofthe Asbestos and certain recommended precautions for exposure to and handling of the Asbestos have been provided to Contractor by Monsanto as described or referred to in Schedule A-2. Contractor shall advise and inform its employees, agents, and representatives of 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 theenvironment in the performance of Services; and f. The presence of Contractor or its employees and/or Coverage (1) Workmen's Compensation (2) Employer's Liability (3) Comprehensive General Liability (Bodily Injury) (Property Damage) (4) Automobile Liability (Bodily Injury and Property Damage) (5) Umbrella Liability Limits Statutory $500,000 each occurrence $1.000,000 each occurrence $1,000,000 each occurrence $1,000,000 combined single limit $1,000,000 each occurrence agents shall be restricted to those areas at the Monsanto d. The insurance certificate evidencing the required coverage Point of Origin designated by Monsanto. shall include a certification that the above described insurance 7. INDEMNIFICATION. Contractor assumes sole respon coverages include contractual coverage for Contractor's liabil sibility for, and shall indemnify and hold harmless Monsanto, ity under this Agreement. its present, past and future employees and agents from 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- 2. C 000490 >* LAM022399 rogation in favor of Monsanto and its employees sndagantaard permitted to be given under this Agreement Shan be In writing shall fumiah to Monsanto a copy of said wsivsr. and shall be deemed to have been sufficiently given when f. Tho insuranea requirements sat forth herein ana minimum delivered In person or depoeited In tha UA. mad, postage covaraga requirements and ara not to ba conatruad In any way as a limitation on Contractor's llahfilty under this Agreement prepaid, addressed as specifM tat ScftedulrA-f r to such other address or addresses as may be specified from time to 9. NOTIFKATVON OF CITATIONS AND CLAIMS. Contractor agraas that It will promptly notify Monsanto of any of tha fallowing which Is connected with any Santcas or other ac time in a written notice given by such party. The parties shall acknowledge In writing receipt of any such notice delivered in person. tivities or operations of Contractor under thla Agreement: (I) any warning, citation. Indictment, claim, lawsuit or pro* ceeding Issued or instituted by any federal, stats or local governmental entity or agency, (II) tha revocation of any license, permit or other document issued to Contractor by any such entity or agency, or (ill) any other claim (Including, without limitation, claims for Workmen's Compensation) or lawsuit against Contractor, for personal injury, death or prop erty damage. IS. SECRECY PROVISIONS. Contractor, its employees and agents shall treat and maintain aa Monsanto's confidential property, and not use or disclose to others except as is necessary to perform Services hereunder (and then only on a confidential basis satisfactory to Monsanto), any information (Including any technical Information, experience or data) regarding Monsanto's products, plans, programs, plants, processes, costs, equipment, operations or customers which may ba disclosed to or come within the knowledge of, Con 1C EXCUSE OF PERFORMANCE. The performance or obser vance by either party of any obligations of such party under this tractor, Its employees and agents in the performance of this Agreement, without Monsanto's prior written consent The Agreement may be suspended by it. in whole or in part, in the event of any of the following which prevents such performance provisions of this Section IS shall not apply to any informa tion referred to in this section which Contractor establishes or observance: Act of God. war. riot fire, explosion, accident, (l) has been published and has become part of the public do flood, sabotage, strike, lockout, injunction, inability to obtain main other than by acts or omissions of Contactor, Its fuel, power, raw materials, labor, containers or transportation employees and agents (II) has been furnished or made known facilities, breakage or failure of machinery or apparatus, national to Contractor by third parties (otherthan those acting directly defense requirements, compliance with governmental laws, or indirectly for or on behalf on Monsanto) as a matter of legal regulations, orders or action, or any other cause (whether sim right and without restriction on disclosureoruse, or (ill) was in ilar or dissimilar) beyond the reasonable control of such party: Contractor's possession prior to disclosure by Monsanto to provided, however, that the party so prevented from complying Contractor and was not acquired by Contractor, its employees with its obligations hereunder shall immediately notify in writ and agentsdlrectfy or indirectly from Monsanto. ing the other party thereof and such party so prevented shallexercise diligence in an endeavor to remove or overcome the cause of such inability to comply, and provided further that neither party shall be required to settle a labor dispute against its own best judgment. Deliveries suspended or not made by reason of this Section shall be. at Monsanto's discretion, can celled or made up without liability. If deliveries are made up. the termination date in Schedule A-1 shall be extended accord ingly. Nothing in this Section 10 shall excuse Contractor from performance or observance of its obligations under this Agree ment by reason of its failure or inability to observe or comply with Section 6c. or d. of this Agreement. 11. TAXES. Contractor shall pay ail applicable sales, con IS. INSPECTION OF SERVICES/Monsanto shall have the right to inspect Services performed byContractor:at any time during the term, set forth in Schedule A-1. IneUkfing a final inspection after all SArvicee have been performe4 hereunder. Inspection ar-fattn* to inspect by Monaantpfbgl noA under any circumstances, constituteawahiwitf pravisiotw of this Agresmsnt or ScheduleaA-1 orA%*afcany of Mon santo's rights thereunder. If, upon InspectionofServices, any part thereof Is found to b faulty, defectNr#;pat of good quality, or not in compliance with govemmerrt'brMonsanto requirements for handling Asbestos, Contiector shall promp tly jorrect, at its sole risk and expense, any deficiencies. However, under no circumstances shall Monsanto's inspec sumer, use, service, occupation, privilege or othbr similar taxes required by law (Including Interest and penalties, if any) tion extend to the supervision or direction of Contractor's employees oragent*----------- -------------------"--------- relating to Services without reimbursement by Monsanto, 17. CHANGES AND MODIFICATIONS OF SERVICES. Mon unless otherwise specifically set forth In this Agreement. santo may from time to time makechangesIn ormodifications Contractor shall also pay all federal income, excise and- - to the scope of Services whichshailbe inwritingi andContrac privilege taxes and all state and local Income taxes, if any, tor shall incorporate suchchanges or modifications Into Ser relating to Services without reimbursement by Monsanto. vices. If such changes or modifications result in an increase 12. INDEPENDENT CONTRACTOR. Contractor is and shall or decrease in the fee for Contractor's performance of Ser always remain an independent contractor in its performance of vices, the payment shall be adjusted accordingly: this Agreement The provisions of this Agreement shall not be construed as authorizing or reserving to Monsanto any right to exercise any control ordirection over the operations, activities, employees, or agents of Contractor in connection with this Agreement, it being understood and agreed that the entire con IS. DISPENSARY. The treatment and care of injuries sus tained by Contractor's employees and agents shell be. and remain, the responsibility of Contractor. However, Monsanto's firstaM facilitieswMbemadaawlliEiletdCdntrsctdr'semptoyees and agents in emergency cases, which are thtfdfrect result of trol and direction of such operations, activities, employees or accidents occurring on Monsanto'ssite during authorized work agents shall remain mth Contractor. Neither party to this hours. Monsanto shall incur no liability for. and Contractor Agreement shall have any authority to employ any person as hereby agrees to indemnify and hold harmless Monsanto from agent or employee for or on behalf of the other party to this and against any causes of action, claims, liabilities, costs and Agreement for any purpose, and neither party to this Agree expanses (including, without limitation, costa of defense, set ment, nor any person performing any duties or engaging in any tlement and reasonable attorneys! tees and expenses), arising work at the request of such party, shall be deemed to be an in whole or in part out of the furnishing ofsuch first aid facilities employee or agent of the other party to this Agreement. to Contractor's employees and agents, or out of tho failure to 13. ASSIGNMENT. Contractor may not. whether by operation of law or otherwise, assign or otherwise transfer any of its rights nor delegate the performance of any of its obligations under this Agreement without Monsanto's prior written consent and any attempted assignment, transferor delegation without such consent shall be void and of no effect. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 14. NOTICES. Unless otherwise specified in this Agreement any notice, request, approval or other document required or furnish such faciiitkw. 19. MISCELLANEOUS, a. This Agresmsnt constitutes the full understanding oi the parties, a complete allocation of risks between thorn and a complete end exclusive statement of the terms and conditions of thsir agreement and all prior agree ments. negotiations, dealings and understandings. whether written or oral, regarding the subject matter hereof, are hereby superseded and merged into this Agreement No conditions, usage of trade, course of dealing or performance, understand ing or agreement purporting to modify, vary, explain or sup- 3. c 000491 LAM022400 TERMS AND CONDITIONS (donttnued) ptement th terms or conditions of this Agreement shed bo binding unless horesfter made in writing and signed by the party to be bound, and no modification shall be effected by the acknowledgment or acceptance of any forms containing terms or conditions at variance with or in addition to those set forth in this Agreement No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing or performance shall be deemed to constitutescontinu ing waiver of any other breach or default or of any other right or remedy unless such waiver be expressed in writing signed by the party to be bound. b. As used In this Agreement, employees and agents of a party hereto shall be deemed to include such party's peat. present and future officers and director*. o. Section headings as to the contents of particular sections are (or 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 ary applica tion thereof shall be Invalid or unenforceable, the remainder of this Agreement or any other application of such term or provi sion shall not be affected thereby. SCHEDULE A-1 TO ASBESTOS REMOVAL/DISPOSAL AGREEMENT BETWEEN MONSANTO COMPANY AND TEAM OF AGREEMENT _________________DATED SCOPE OF SERVICES Stripping, handling, removal end storage of Aabaatos Transportation to and disposal of Asbestos at the Disposal Facility Encapsulating and safe rendering of Asbestos Insulation. EPA notification pursuant to 40 CFR 61.140 Other (Specify) GENERAL DECRIPTION OF ASBESTOS ISPOSAL FACILITY METHOO OF ISPOSAL MONSANTO POINT OF ORIGIN FEE AOORESS FOR NOTICES FOR MONSANTO: FOR CONTRACTOR: EXPOSURE PRECAUTIONS Respirator training and test fitting by Contractor or Monsanto. Asbestos air monitoring by Contractor or Monsanto. C 000492 LAA/1022401 SCHEDULE A4 TO ASBESTOS REMOVAUDfSPOBAL MMOIENT ABESTOS SAFE HANDLING PROCOUREB DATE REMOVAL AND HANOUNO 1. Sate Handling -- Excessiva exposure to Asbestos may result in serious injury or death to persons so exposed from, among other things, asbestosis, mesothelioma and lung cancer. It is therefore important that Contractor, its employees, agents and representatives comply with, all applicable laws, ordinances, orders, rules, regulations and actions in performing Services. In addition. Contractorand its employees, agents and representatives shall ensure the safety and well-being of persons, property and the envi ronment in performing the Services and shall, at a mini mum. apply the safe handling procedures in this Schedule A-2. which are based upon applicable federal regulations and are not meant to be all inclusive. 2. Training -- All personnel involved in Services of any kind must first participate in a documented Asbestos training program. Training, provided by contractor, will concen trate on engineering controls, housekeeping methods, respirator usage including fitting and limitations of the respirators, the health effects of Asbestos exposure, necessary protection equipment and the contents of all the provisions of the Asbestos standard in 29 CFR 1910.134. 29 CFR 1910.1001 and 40 CFR 61.140 through 61.1S6. A list of attendees will be maintained and provided to Monsanto upon request. 3. Medical Exams -- All personnel expected to be involved in performing Services shall be given, prior to assignment to perform Services and, if requested by Monsanto, following completion of Services, a complete medical ex am to include, as a minimum, a chest x-ray, history of respiratory disease symptoms, and pulmonary function tests to meesure forced vital capacity and forced expiratory volume at one second. No medical exam prior to assign ment to perform Services will be required for personnel for whom Contractor provides Monsanto with equivalentexam ination results and data taken within the immediately preceding twelve-month period. Medical approval from the physician conducting any such examination will be re quired for any personnel assigned to tasks requiring the use of respirators. 4. Personal Hygiene -- Services must be organized to limit the number of times personnel will enter and leave areas where Services are to be performed ("Service Area(sn to prevent the spread of Asbestos fibers. Before going to lunch or whenever leaving the Service Area, personnel must rerpove protective clothing and wash their hands, forearms, faces and necks. Upon return to the worksite, new protective clothes must be put on. Disposable coveralls shall not be worn outside the desig nated Service Area. Used disposable coveralls should never be stored with street clothing. Properly dispose of the used coveralls before leaving the Service Area. 9. Personal Protective Equipment -- Personnel working in Service Areas shsil wear the following personal'protective equipment: a. Half facereapirator, approvedbythe National Institute tor Occupational Safety and Hsatth.(NtQ8H> tor use . with Asbestos, if air concentration of Ar sestos is less than ten times the permissible exposure limit For higherconcentrations, supplied air respirators may be necessary. Each Individual must have been fit tested with the appropriate type of respirator within the' immediately preceding twelve month period. Contrac tor shall provide instruction and trainingon the useof respirators in conformance with29 CFR 1910.134 and any applicable state and local regulations, b. DisposaDtecoveratts withattachedhood and boots such asTyvekor equivalent . c. Disposable gloves. d. Safety glasses and hard hatafln required areas). 6. RamovalofPtesonalProtectiveEquipment--Whenleav- ing Service Areas, personnel must rerfwwttheir personal protective equipment Respirators- should be removed last, cleaned and stored proper# t* ensure non- contamlnatlor*. ` Disposable'' coveralls and1 gloves* shotdSlSNpremoved carefully, being turned tniidai out as thoyaneremoved; coveralls- and gloves should not be reused once they have been removed. Care must be taken to avoid 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 ap proved bags or containers. 7. Service Ares Preparation a. Asbestos caution signs shall be placed in all ap proaches to Service Areas at such a distance as to allow personnel to read the signs and take proper protective steps before entering the area. The signs shall state: 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 b. When Services involve open and accessible work areas, the Service Ares must be Isolated with a clean room to prevent exposures to transient workers. The clean roam should be constructed of polyethylene sheet covering wails, csillng and floors; and should include a separate entry section tor removal of con taminated clothing. Transient excursions into Servies Areas are not allowed j } 1 j * ; C 000433 5. LAM022402 SCHEDULEA-2 ASBESTOS SAFE HANDUNQ PROCEDURES (continued) c. Upon completion of Setvlcee, surfaces inside the clean room must ba otaanad with a vacuum having high efficiency paftleuiata (HEPA) Altars to captura Aabeatos Mbars. Malarial collactad should ba han dled as Asbestos fibers. The clean room enclosure should ba disassembled carefully at the completion of Services and handled as Asbestos-containing material. d. In areas where a clean room cannot be constructed, all surfaces onto which Asbestos Abars may have settled must be cleaned with a vacuum having HEPA Alters. The collected material must be handled as Asbestos fibers. e. If Services are to be performed In a building, area or room that has a central air handling system, the air handling ducts must be sealed off to prevent con tamination of the ductwork and other areas served by the ductwork. 8. Handling Procedures a. Friable Asbestos materials must be thoroughly en capsulated or wet down to prevent emission of air borne fibers before and during the removal process. There shall be no discharge of visible emissions to outside air. One encapsulant method involves use of products such as "Aabestite" either applied with an airless sprayer or injected. Another method involves the use of water mixed with a liquid detergent to act as a wetting agent. This mixture is applied with a portable, hand held sprayer. b. Whenever and wherever possible, an oscillating saw used in conjunction with a HEPA vacuum should be used to cut Asbestos-containing material to prepare it for removal. e. Material removed shall not be dropped to ground, level. All material shall be encapauiatediwetted and lowered to ground level or shall be conveyed to ground level via dust-tfght chutes and containers. d. All Asbestos materials that have been removed or stripped shall be kept adequately wet at ail times un til seated in disposable containers. e. All Asbestos containing waste material shall be wetted /encapsulated and sealed in leek-tight polyethylene bags. The begs shall be marked or tagged with a label that states: CAUTION Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health ORM-C NOTE: Waste Asbestos materials include used coveralls, gloves, dust collection filters and col lected material, etc. f. Seated bags should be placed in an approved weather protected, low traffic waste Asbestos storage area prior to dlepoaaL Where appropriate, the bags may be placed in fiber or metal open-head drums. Drums must also be labeled aa shown above in8e. 9. Monitoring -- Monitoring to determine worker exposure to Asbestos fibers shell be performed during all stages of Services, repeated at the discretion of Monsanto's In dustrial Hygienist Sampling and analytic methodology shall be In accordance with appropriate federal, state and local regulations and guidelines. C 000434 6. t LAM022403