Wyo. Code R. 053-0026-1
OSHA - Letters of Agreement
Chapter 1: Letters of Agreement
Effective Date: 08/30/1977 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0026.1.08301977
AND WYOMING OCCUPATIONAL HEALTH AND SAFETY COMMISSION (WOHS)
FMC Corporation, Kemmerer, Wyoming plant (FMC) produces formed coke by a proprietary experimental process. Wyoming Occupational Health and Safety Commission (WOHS) agrees that pursuant to Section 27 -282 (f) of the Wyoming Statutes that all information pertaining to FMC's plant shall be maintained as a trade secret.
The process used by the Kemmerer plant generates coke oven emissions as defined in Chapter VII, Section 1.x. (1)(f) of WOHS Rules & Regulations, General. Employees present in the plant while coke is being produced may be routinely exposed to coke oven emissions.
Chapter VII, Section 1.x. regulating coke oven emissions becomes operative through Section 1.x. (4) defining regulated areas. WOHS recognizes that: - the FMC coke process does not contain any such areas; therefore, the only regulation applicable to the FMC Coke Plant, except as provided herein, is contained in Chapter VII, Table 1, General Rules and Regulations and 27-278- (p)(1) and (q) of the Wyoming Occupational Health and Safety Act which states:
(p) (1) "Each employer shall furnish to his employees, a place of employment and employment which are free from recognized hazards that are causing or that are likely to cause death or serious physical harm."
(q) "Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct."
Pursuant to Chapter VII, Section 1. x. , Paragraph (1) (b) , FMC Corporation and the WOHS Commission agree that the Articles of this agreement are the applicable standards for controlling coke oven emissions at the FMC Kemmerer plant and have the same force and effect as any other rules and regulations promulgated by the Wyoming Occupational Health and Safety Commission.
This agreement in no way obviates FMC Corporation's obligation to meet standards provided by the Wyoming Occupational Health and Safety Act or rules and regulations promulgated thereunder that are applicable to protection of Health & Safety of employees from other than coke oven emissions.
This agreement supersedes any effective dates provided for in Chapter VII, Section 1.x. of the Wyoming Occupational Health and Safety Rules and Regulations, General-.
This agreement shall be effective January 1, 1978.
FMC shall assure that no employee is exposed to coke oven emissions at concentrations greater than 150 micrograms per cubic meter of air averaged over an eight hour period.
For purposes of this agreement controlling samples shall be personal samples. Environmental samples taken by either FMC or WOHS shall be for informational and development purposes only.
Employee personal monitoring shall be performed quarterly. :_
FMC shall take three samples (1 per shift), for each of seven operator classifications and three samples for the Maintenance Department employees.
FMC shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95%) of not less than a plus-or-minus 35% for concentrations of coke oven emissions greater than or equal to 150 micrograms per cubic meter.
As soon as possible representatives of FMC and WOHS shall meet to determine a reliable analytical procedure. Such procedure shall be agreed to on or before September 1, 1977.
FMC shall notify each employee in writing, of the exposure measurements which represent that employee's exposure within five days after receipt of the results of measurements.
Whenever such results indicate that the representative employee exposure exceeds the permissible exposure limit, RIC shall, in such notification, inform each employee of that fact and of the corrective action being taken to reduce exposure to or below the permissible exposure limit.
A. Engineering Controls
To attempt achievement of permissible exposure limits, FMC shall initiate and/or complete the implementation of the following engineering controls:
1. Develop, design, engineer, construct and install the dust collection system in the coal handling section;
2. Develop, design, engineer, construct, and install back half (curing and coking stages) dust and mist collection facilities;
3. Develop, design, engineer, and construct a new lunchroom facility which is air conditioned and pressurized;
4. Develop, design, engineer, construct and install necessary modifications to the Control Room so that the Control Room is air conditioned and pressurized; and
5. Design, engineer and install appropriate laundry facilities.
In the event that the above enumerated engineering controls, have not been fully implemented by the effective date of this agreement, FMC shall furnish to WOHS a completion timetable not in excess of six months from the effective date of this agreement. In order to avoid unnecessary disruption to production, certain phases of the installation must be completed when the plant is scheduled down for the normal semi-annual maintenance outage.
B. Work Practices
FMC will provide in its maintenance policy and procedures requirements for the prompt and effective repair or replacement of the above engineering controls and any existing engineering controls as required.
C. Research & Development
If after implementing the engineering and work practice controls of this Article, employee exposures still exceed the permissible exposure limit, FMC shall research, develop, and implement any other engineering and work practice controls necessary to reduce exposures to or below the permissible exposure limit except to the extent that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, FMC shall nonetheless use them to reduce exposures to the lowest level achievable by these controls and shall supplement them by the use of respiratory protection as provided in Article VI.
ARTICLE VI RESPIRATORY PROTECTION
A. General
Where respirators are required under this agreement, FMC shall select, provide and assure the use of the appropriate respirators or combination of respirators which shall be NIOSH approved for dust and mist. Compliance with the permissible exposure limit may not be achieved by use of respirators except:
1. during the time period necessary to install or implement feasible engineering and work practice controls, or
2. in work operations such as maintenance and repair activity in which engineering and work practice controls are technologically not feasible, or
3. work situations where engineering and work practice controls are not sufficient to reduce exposure to or below the permissible exposure limit, or
4. in emergencies.
B. Respirator Program
FMC shall institute a respiratory protection program in accordance with Chapter IX, Section 3. of WOHS Rules and Regulations, General.
C. Respirator Usage
FMC shall assure that the respirator issued to the employee exhibits minimum face piece leakage and that the respirator is fitted properly. FMC shall perform quantitative fit tests annually for each employee who uses a non-powered particulate filter respirator. FMC shall allow each employee who uses a filter respirator to change the filter element whenever an increase in breathing resistance is detected and shall maintain an adequate supply of filter elements for this purpose. FMC shall allow employees who wear respirators to wash their faces and respirator face pieces to prevent skin irritation associated with respirator use.
D. Visible Emissions
RIC shall require the usage of respirators by all employees in the vicinity of visible emissions for the duration of such visible emissions.
ARTICLE VII - PROTECTIVE CLOTHING AND EQUIPMENT
A. Provision and Use. - RIC shall provide and assure the use I of appropriate protective clothing and equipment, such as but not limited to jackets, coveralls, and specialized gloves as needed. B. Cleaning and Replacement. - RIC shall provide the above described protective clothing in a clean and dry condition at least weekly. RIC shall clean, launder or dispose of protective Clothing. FMC shall repair or replace protective clothing and equipment as needed to maintain their effectiveness.
RIC shall assure that all protective clothing is removed at the completion of a work shift only in change rooms as prescribed in Article VIII of this agreement. RIC shall assure that contaminated protective clothing which is to be cleaned, laundered or disposed of is placed in a closeable container in the change room. RIC shall inform any person who cleans or launders protective clothing of the potentially harmful effect of exposure to coke oven emissions. The employee shall be responsible for cleaning his or her personal non-protective clothing at least weekly.
A. Change Rooms - RIC shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment whenever employees are required to wear protective clothing and equipment.
B. Showers - RIC shall assure that employees assigned to operating areas will shower at the end of the work shift. RIC shall provide shower facilities in accordance with Chapter X, Section I.d. (3) of WOHS General Rules and Regulations.
C. Lunchrooms - RIC shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply. RIC shall require that employees remove protective clothing and wash their hands and faces prior to their entering the lunchroom.
D. Prohibition of Activities in Operating Areas. - RIC shall assure that in operating areas food or beverages are not present or consumed-, tobacco products are not present or used, and cosmetics are not applied, except that such activities may be conducted in the lunchrooms, change rooms and showers, except that the panel board operator and an authorized operator may eat their regular meal, drink and smoke in the Control Room, and other employees may consume beverages and smoke in that area. Drinking water may be consumed anywhere in the plant. Smoking may be permitted in the boiler room and in the coal shack.
A. General Requirements
1. FMC shall institute a medical surveillance program for all employees who are assigned to plant operating areas at least 60 days per year.
2. Section 27-287 of the Wyoming Occupational Health and Safety Act permits any employer to require an employee to submit to a physical examination before employment or at any time during employment. FMC will require examinations to be taken by all employees assigned to the plant operating areas in accordance with provisions of this Article IX.
a. Physical examination of an employee may not be required if such employee objects to such examination on religious grounds except where such examination is necessary for the protection of the health or safety of others.
3. FMC shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided without cost to the employee.
B. Content of Examinations
FMC shall provide, following the pre-employment examination, a medical examination for employees including the following elements:
1. A work history and medical history which shall include smoking history and the presence and degree of respiratory symptoms, such as breathlessness, cough, sputum production and wheezing.
2. A 14@' x 17" posterior-anterior chest X-ray and International Labor Office UICC/Cincinnati (ILO U/C) rating;
3. Pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0) with recording of type of equipment used;
4. Weight;
5. A skin examination;
6. Urinalysis for sugar, albumin, and hematuria;
7. A sputum cytology examination and;
8. A urinary cytology examination.
C. Periodic Examinations
1. FMC shall provide the examinations specified in paragraphs B.1.-6. of this Article at least annually for employees.
2. FMC shall provide the examinations specified in paragraphs B.1.-8. of this section at least semi-annually for employees 45 years of age or older or with five (5) or more years employment in the plant production area.
3. Whenever an employee has not taken the examinations specified in paragraph C. 1. and 2. of this Article within the six (6) months preceding the termination of employment, the employer shall provide such examinations to the employee upon termination of employment.
4. Annual and semi-annual examination requirements specified above may be given with a plus-or-minus two month variation.
D. Information Provided to the Physician
FMC shall provide the following information to the examining physician:
1. A copy of this Article IX
E. Physician's Written Opinion
1. FMC shall obtain a written opinion from the examining physician which shall include: a. The results of the medical examinations; b. The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to coke oven emissions; c. Any recommended limitations upon the employee's exposure to coke oven emissions or upon the use of protective clothing or equipment such as respirators; and d. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further explanation or treatment.
2. FMC shall provide a copy of the written opinion to the I affected employee.
FMC shall include in its regular personnel training program specific information pertaining to the content of this agreement, the background of dangers from exposure to coke oven emissions, the use of the respirator program and the medical surveillance program, and the requirement of complying with the program for hygiene and use of the hygiene facilities. RIC shall provide upon request all materials relating to the employee information and training program to the WOHS Administrator.
FMC shall post in appropriate places the following signs;
A. "DANGER - COKE OVEN EMISSIONS ARE A CANCER HAZARD."
This sign may be covered when the plant is not operating.
B. “NO SMOKING OR EATING”. C. “DANGER - RESPIRATOR REQUIRED IN PRESENCE OF VISIBLE EMISSIONS”.
D. “DANGER - RESPIRATOR REQUIRED.”
A. Exposure Measurements. FMC shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to coke oven emissions required in Article III.
1. This record shall include:
a. Name, social security number, and job classification of the employee monitored; b. The date(s), number, duration and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable; c. The type of respiratory protective devices worn, if any; d. A description of the sampling and analytical methods used and evidence of their accuracy; and e. The environmental variables that could affect the measurement of employee exposure.
2. FMC shall maintain this record for at least 40 years or for the duration of employment plus 20 years, whichever is longer. B. Medical Surveillance. - FMC shall establish and maintain an accurate record for each employee subject to medical surveillance as required by Article IX of this subsection.
1. The record shall include:
a. The name, social security number, and description of duties of the employee; b. A copy of the physician’s written opinion; c. The signed statement of any refusal to take a medical examination; and d. Any employee medical complaints related to exposure to coke oven emissions.
2. FMC shall keep, or assure that the examining physician keeps, the following records:
a. A copy of the medical examination results including medical and work history;
b. A description of the laboratory procedures used and a copy of any standards or guidelines used to interpret the test results;
c. The initial X-ray;
d. The X-rays for the most recent 5 years;
e. Any X-ray with a demonstrated abnormality and all subsequent X-rays;
f. The initial cytologic examination slide and written description;
g. The cytologic examination slide and written description for the most recent 10 years; and
h. Any cytologic examination slides with demonstrated, atypia, if such atypia persists for 3 years, and all subsequent slides and written descriptions.
3. RIC shall maintain medical records required under B of this Article for at least 40 years, or for the duration of employment plus 20 years, whichever is longer.
C. Availability
1. RIC shall make available upon request all records required to be maintained by Article XII to the Administrator for examination and copying.
2. RIC shall make available upon request records of employee exposure measurements required by paragraph A of this Article for inspection and copying to affected employees, and their designated representatives.
3. RIC shall make available upon request employee medical records required to be maintained by paragraph B of this Article to a physician designated by the affected employee or former employee.
4. RIC shall make available upon request records of employee exposure measurements required by paragraph A of this Article for inspection and copying to former employees and their designated representatives which indicate the former employees' own exposures.
D. Transfer of Records
1. Whenever RIC ceases to do business, the successor to RIC shall receive and retain all records required to be maintained by Article XII.
2. Whenever RIC ceases to do business and there is no successor to receive and retain the records for the prescribed period, these records shall be transmitted by registered mail to the Director of NIOSH.
3. At the expiration of the retention period for the records required to be maintained under paragraphs A and B of this Article, RIC shall transmit these records by registered mail to the Director of NIOSH or shall continue to retain such records.
As the Kemmerer plant is an experimental demonstration plant intended to be a model for formed coke production an objective of the plant has been and continues to be to operate below all applicable emission standards. Therefore the effectiveness of the program provided for in this agreement shall be formally revaluated by F14C and WOHS-Administration on or before June 30, 1980 for a determination as to whether the agreement should be terminated, mutually extended or modified effective January 1, 1981.
RIC shall endeavor to cause contractors with employees working in production areas for sixty or more operating days for three consecutive years to be covered by the following articles of this agreement:
Article VI Respiratory Protection
Article VII Protective Clothing and Equipment
Article VIII Hygiene facilities and Practices
Article IX - Medical Surveillance
In witness whereof the parties have caused this agreement to be duly executed as of August 12, 1977.
RIC CORPORATION by:
OMING OCCUPATIONAL HEALTH & SAFETY COMMISSION by:
APPROVED:
GO ERNOR STATE OF X%IYOMING