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HomeMy WebLinkAboutResolution - 6288 - Contract - Lester Humphry Pest Control Inc -Herbicide, Lubbock Cemetary - 04_22_1999Resolution No. 6288 Item No. 37 April 22, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Parkland and City of Lubbock Cemetary Herbicide Contract between the City of Lubbock and Lester Humphry Pest Control, Inc., and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of April , 1999. WINDY SI N, MAYOR A ESIr �;bu, Kaytl�i Darnell, City Secretary APPROVED AS TO CONTENT: Victor Kilman, P tc a ng anager APPROVED AS TO FORM: John M. Knight Assistant City Attorney JMK:cp/1 lumphry-City.RFS ccdocs/ April 12, 1999 Resolution No. 6288 Item No. 37 April 22. 1999 PARKLAND AND CITY OF LUBBOCK CEMETARY HERBICIDE SPRAYING CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK. § This contract, (the "Contract"), effective as of the 22 day of April , 1999, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a municipal corporation, and Lester Humphry Pest Control, Inc., a Texas corporation (the "Contractor"). WITNESSETH WHEREAS, City owns certain land used for park purposes and the City of Lubbock Cemetary; and WHEREAS, City and Contractor desire to enter into a written agreement to govern the spraying services by successful bidder on the City parkland and the City of Lubbock Cemetary pursuant to the terms and conditions herein set forth. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. ARTICLE H. COMPENSATION Contractor shall receive Sixty One Thousand Six Hundred Ninety Five and /100 Dollars ($61,695.85). ARTICLE III. TERMINATION Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc. In the event the Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. REPRESENTATIONS AND "WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms therof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing herbicide application, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal relating to herbicide application, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. F. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials provided by Contractor pursuant to this Contract satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to perform this duty. 2 Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc. ARTICLE V. SCOPE OF WORK Contractor shall conduct spraying of herbicides for weed control at City parklands. The said parklands are shown on the attached list as set forth in Exhibit "A" attached and incorporated by reference as if fully set forth here. Contractor shall conduct spraying of herbicides for weed control at The City of Lubbock Cemetary. The said parklands are shown on the attached list as set forth in Exhibit "B" attached and incorporated by reference as if fully set forth here. Contractor shall comply with all requirements of the City of Lubbock Written Hazard Communication Program as set forth in Exhibit "C" attached and incorporated by reference as if fully set forth here. ARTICLE VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by the Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. The Contractor shall maintain Workers' Compensation insurance covering all employees whether employed by the Contractor or any Subcontractor on the job including Employers Liability with statutory limits. 3 Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc. 2. Commercial General Liability, The Contractor shall maintain Commercial General Liability coverage at minimum combined single limits of Five Hundred Thousand and no/100 Dollars ($500,000.00) per occurrence and Five Hundred Thousand and no/100 Dollars ($500,000.00) general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operations ($500,000.00 Products/Completed Operations Aggregate), and XCU Hazards Coverage for Products/Completed Operations must be maintained for at least two (2) years after the work is completed. Coverage must be written on an Occurrence Form. Contractual Liability must be obligations contained in the contract. 3. Commercial Automobile Liability. The Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Five Hundred Thousand and no/100 Dollars ($500,000) per occurrence for owned, non -owned, and hired coverage. 4. Excess Umbrella Liability. The Contractor shall maintain Excess Umbrella Liability Insurance coverage with a minimum of Five Hundred Thousand and no/100 Dollars ($500,000.00) combined single limit. 5. Primary Insurance. Primary Insurance amounts may be increased by the amount of excess umbrella liability requirement ($500,000.00) in lieu of providing excess umbrella liability coverage, C. Subcontractors. The Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE VIII. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 4 Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc. ARTICLE X. INDEMNITY Contractor shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Contractor, its agents or employees, in the execution of this Contract. ARTICLE XI. COMIPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice Lester Humphry Pest Control, Inc. Attn: Darlene Jones 3134 30 Lubbock, Texas 79410 Telephone: (806) 799-3625 Facsimile: (806) 799-3626 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Victor Kilman P. 0. Box 2000 1625 13th Street Lubbock,Texas79457 5 Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc, Telephone: (806) 775-2165 Facsimile: (806) 744-6209 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. 6 Herbicide Contract, City of Lubbock & Lester Hurnphry Pest Control, Inc. I. Entire Agreement. This Contract, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK I)f,,- Z"�� W YMAYOR AT ST: Kayth e arnell, City Secretary APPROVED AS TO CONTENT: o ree an Park Main nance Supervisor APPROVED AS TO FORM: ohn M. Knight Assistant City Attorney JMK:cp Cityatt/John/ParkCemetaryHerh.Con tract April 12, 1999 LESTER HUMPHRY PEST CONTROL By: 7� Name: r1 Title: Herbicide Contract, City of Lubbock & Lester Humphry Pest Control, Inc. City of Lubbock Unit Pricing for Contract Pre -Emergent Herbicide Application ITEM # PARK ADDRESS UNIT COST 1 Civic Center 9th & Ave. P 2 Walk of Fame Fountain 8th & Ave Q 3 Patterson Library 1836 Parkway Dr. 4 Groves Library 5520 19th 5 University Medians University - 4th to 50th Streets 6 Indiana Medians Indiana - I9th to 34th Streets 7 Atzlan 1st & Ave K 8 MLK Median MLK - 2200 & 2300 Block 9 Guadalupe 2"d & Ave P to Pioneer 6th & Ave. T I I Butler E. 4th & Zenith 12 Stubbs 36th & Ave N 13 Crow 91st & Belton 14 Woods Erskine & Zenith 15 Higginbotham I9th & Vicksburg 16 Huffman Athletic Complex N. Loop 289 & Landmark Dr. 17 Rodgers Amherst & Gary 18 Whisperwood 4th & Whisperwood Blvd. 19 Tennis Center 66th & Gary 20 Leftwitch 60th & Elgin 13 21 Andrews 76th Memphis 22 Stevens 75th & Slide 23 Jennings 73rd & Wayne 24 Berry E. 36th & Cedar 25 Miller S. Loop 289 & Memphis 26 Mackenzie Ball Fields (6) Municipal Dr. & Park Road 18 27 Guadalupe Strip l" & Ave 0 28 Hodges Marshall & N. University 29 Hollins 1" & Vernon 30 Davies N. Ave N & Clemson 31 Canyon Rim Bates & Ave K 32 Sedberry E. 10`h & Guava 33 Carter N. Globe & N. Loop 289 34 Mae Simmons E. 23'd & Oak 35 Washington E. 22"d & Cedar 36 Carlisle 28`h & Ave X 37 Overton 14'h & Ave U 38 Hamilton 22"d & Ave X 39 Hood 23'd & Ave Q 40 Chatman E. 29" & Juniper 41 Burns 23'd & Ave K 42 Ave X Triangles 16'' & Ave X 43 Rawlings 40" & Ave B 44 Maxey 30' & Nashville 45 Tech Terrace 23'd & Flint 14 46 Auditorium -Coliseum 4" & Boston 47 Hinojosa 7336 22"d 48 Carlisle Cemetery 7308 19" 49 Smith 15'h & Chicago 50 Mahon 29" & Chicago 51 Davis 40" & Nashville 52 Wheelock 40" & Elgin 53 Brownfield Triangle Slide & Brownfield 54 Maeda gen 1" & Boston 55 Elmore 66'h & Quaker 56 Kastman Joliet & S. Loop 289 57 Rushing 82"d & Memphis 58 Long 56°" & Aberdeen 59 Guy 87 h & Memphis 60 Ratliff 50`h & Chicago 61 Hoel 84`h & Chicago 62 Dupree 58`h & Toledo 63 Huneke 82"a & Nashville 64 Regal 81) & Gardener 65 Ribble 62"a & Temple 66 McCullough 88'h & Flint 67 Buddy Holly Center 19`h & Ave G PARKS TOTAL COST 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CITY OF LUBBOCK CEMETERY Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 Block 7 Block 8 Block 9 Block 10 Block I Block 12 Block 13 Block 14 Block 15 Block 16 Block 17 Block 18 Block 19 Block 20 Block 21 Block 22 Block 23 Block 24 16 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Block 25 Block 27 Block 29 Block 30 Block 33 Block 35 Block 36 Block 37 Block 38 Block 39 Block 40 Block 44 Block 45 Block 46 Block 47 Block 48 Block 49 Block 50 Block 51 Block A Block B Block C Block D Section 1 Section 2 17 50 Section 3 51 Section 4 52 Section 5 53 Section 6 including Baby Land & Undeveloped 54 Section C 55 Section G-1 56 Section G-2 57 Section G-3 58 Undeveloped Area W. of 44 59 Estates CEMETERY TOTAL COST I8 ''fixh M. L 4 LY si mi�,J 40 11 '�X r�1 Duties of HAZCOM Coordinator The HAZCOM Coordinator or his/her designee needs to make sure the following duties are performed 1. Ensure that the Hazard Communication Implementation Plan is implemented in your department 2. Prepare a workplace chemical list with each hazardous chemical present in the work area that exceeds 55 gallons or 500 pounds on any day during the year. a- Date the list was prepared b. Signature of the individual who prepared the list C. Chemical name(s) d. Location where the chemical(s) is/are stored 3. Update the chemical list upon receipt of a new chemical that exceeds 55 gallons and/or 500 pounds by December 31 of each year. 4. Obtain and maintain on file, a MSDS for every hazardous chemical in your work area. Train employees on how to access the MSDSs. 5. Review all MSDSs annually. Contact manufacturer/distributor for any chemical more than 2 years old to determine if the information is correct and up-to-date for that chemical. (Rubber stamp MSDS with date it was checked) 6. All hazardous materials must be labeled. a. The chemical name (as it appears on the MSDS). b. Physical and health hazards, and target organs. C. Manufacturer's name and address 3. Provide information on potentially hazardous substances contained in unlabeled pipes. a. The hazardous substance in the pipe. b. Potential hazards. C. Safety precautions to be taken. ffe 3. Provide annual training for employees `—. 4. Train all new employees before they begin working in the area that contains hazardous chemicals. 5. Document all HAZCOM training. a. Date of training. b. Roster of employees in attendance. C. The subjects covered. d. Name of instructor(s). 3. Post the most current version of the THCA "Notice to Employees" in proper location and make sure it.remains visible and unobstructed at all times. 4. Inform the employees of your department of the rights afforded to them by the Texas Hazard Communication Act (THCA). 5. Train, document and record all training conducted with contracted employees on hazards specific to that department 6. Obtain from the contractor a signed document acknowledging what was communicated to the contractor representative regarding hazardous chemicals present in the buildings in which they work. 7. Acquire and make available to employees, Personal Protective Equipment appropriate for the hazards in that workplace. S. Periodically conduct self -inspections to make sure department is in compliance with the law. (check for labeled containers, MSDSs, training records, PPE) 9. Authorize the purchase of hazardous chemicals with petty cash. Make sure to keep the MSDS for any chemicals purchased. The Material Safety Data Sheet �s your guide to This hazard communication tool gives details on chemical and physical dangers, safety, procedures, and emergency response techniques. Everything that is known about the chemical is here. Each department must have one for every chemical and hazardous product in the workplace. It provides additional information which cannot easily be put on a label. Read the MSDS before you start a job. That way you will be Prepared. Material Safety Data ee Section I Identity Who makes the product Address Emergency Phone Date Prepared Section 2 Hazardous Ingredients/Identity Information Components Common Names Exposure Limits Chemical ID Section 3 Physical and Chemical Characteristics Boiling Point Vapor Pressure Vapor Density Melting Point Evaporation Rate Water Solubility Appearance and odor under normal conditions Section 4 Physical Hazards Fire and Explosion Firefighting Equipment and Procedures Section 5 Reactivity Stability of Substance What Substance Reacts To Section 6 Health Hazards How the chemical can enter the body Inhalation Through the skin Swallowing Health hazards resulting from exposure Signs and symptoms of exposure Eye irritation Headaches Nausea Dizziness Skin rashes atena a ety Data Sheet Section 7 Precautions for Safe Handling and Use What to do if substance spills or leaks How to dispose of the substance Equipment and procedures needed for cleaning up spills and leaks How to handle the substance properly How to store it Any other precautions Section 8 Confrol Measures Control measures to reduce harmful exposure are listed in this section. You will find out what type of Respirator Gloves Eye protection Protective clothing Ventilation To use when handling that particular chemical. Section 9 Other Regulatory Controls Section 10 Transportation (D.O.T. Classification) What goes on the labels? Every container of hazardous chemicals is labeled by the manufacturer. The actual format will differ from company to company, but the labels must contain similar types of information. That makes it easy to find out at a glance about the chemical's possible hazards, and the basic steps you can take to protect yourself against those risks. The label may use words or symbols to tell you: 1. Common name of the chemical. 2. Name, address, and emergency phone number of the company that made or imported the chemical. 3. Signal Word. In order of seriousness, signal words are ranked: danger, warning, caution. 4. Principal hazards: The physical hazards (Will it explode or catch fire? Is it reactive?) The health hazards (Is it toxic? Could it cause cancer? Is it an irritant?) 5. Precautionary measures, including basic protective clothing, equipment, and procedures that are recommended when working with this chemical. 6. First -aid instructions. 7. Proper handling and storage instructions. 8. Special instructions concerning children. 1. Chemical Stuff 2. Made by: ABC Chemical Co. Somctown. USA Emergency Phone 1 800 555 1111 3. Danger 4. Flammable, may cause liver if inhaled or ingested i. Use only in well ventilated room i. First Aid — Get victim into fresh fir and get medical help mmediately. ►. Avoid contact with ACIDS. t. Keep out of reach of children. A lot of vahasbie_ in&ir tioa can be found oi the IabeC But if you don't find everything yo>Ir ncet� � i� to the MSDS ff a container you are. handling has no label, notify your supervisor and ask for instructions: *-�4 q �C=40- Emergencies and First Aid Respond quickly. Always be ready for an emergency. Know the location of the nearest emergency and first aid equipment, including eye washes and emergency showers. Be aware of those employees in your workplace or nearby who have special emergency training or skills such as CPR. Know emergency phone numbers and the location of medical help. Post this information in the workplace. Be able to tell emergency personnel the exact name of the chemical(s) involved and to provide them with an MSDS. FIRE: Never try to put out a fire unless you know what substance is involved and how to extinguish that type of fire. Remember that some materials become toxic when they burn. Evacuate the area and get help. UNCONSCIOUSNESS: Before entering an area to help an unconscious person, make sure that you will not be in danger from hazardous substances or inadequate oxygen. Respirators and lifelines may be needed, and should only be used by individuals trained in their use. Many respirators only provide protection for particular hazardous substances and may not be adequate for all situations. If you are able to enter the area safely, remove the victim to fresh air immediately. Give artificial respiration, if appropriate, and get medical personnel. If the victim's eyes or skin are contaminated, flush with running water if you know the contaminant is not water reactive. Remove any contaminated clothing. Call for help. VAPORS: If you work with chemicals, be aware of warning symptoms of overexposure to hazardous vapors. Get fresh air immediately if you sense a burning or irritation in your nose, throat, or lungs; have difficulty breathing; feel weak, dizzy, or nauseous; or notice a strong odor. Close containers; open windows; turn on hoods or other ventilation. If these measures don't help, leave the area. EYE CONTACT: Flush your eyes immediately with running water unless the chemical is water reactive. Use an emergency shower or any other available source of water -eye wash, sink, fountain, or hose. Hold your eyelids apart and roll your eyeballs. Do not use ointments or salves, which may be dangerous. Continue flushing for at least 15 minutes. Contact lenses should always be removed before flushing. Get immediate medical attention. SKIN CONTACT: Drench your clothing and skin thoroughly with plenty of water. Use any available source of water, even a faucet, fountain, or hose. Remove contaminated clothing while drenching it, and continue to flush skin with water for at least 15 minutes. Get medical attention. SPILLS: In case of a large solvent or corrosive spill, evacuate the immediate area, but don't leave the material unattended. With solvents, don't smoke, and remove sources of ignition. Don't flush with water. Call for help. WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION 3 H. HAZARD COMMUNICATION IMPLEMENTATION PLAN 4 A. Workplace Chemical List 4 B. Material Safety Data Sheets (MSDS) 4 C. Container Labeling 5 D. Employee Training 6 E. Other Implementation Procedures 7 1. Reporting Injuries 7 2. Employee Notice 7 3. Employee Rights 8 4. Contractor Hazard Communication 8 5. Personal Protective Equipment 9 6. Department Self Inspection 9 7. Purchase of Hazardous Materials 9 III. TRAINING OUTLINE 11 A. Hazard Communication 11 B. Hazardous Chemical Identification 11 C. Material Safety Data Sheets (MSDS) 12 D. Container Labeling 13 E. Personal Protective Equipment 13 F. Responding to an Emergency 14 G. HazCom Quiz 15 APPENDICES AppendixA Workplace Chemical List Appendix B Letter Requesting MSDS Appendix C Chemical Label Appendix D HazCom Training Log Appendix E Notice to Employees Appendix F HazCom Departmental Self -Inspection Checklist Appendix G Hazard Communication Training for Contractors/SeasonaVl'emporary Workers Appendix H Contractor Acknowledgment of Hazard Communication Appendix I- Chemical Spill Plan Revised: March '98 2 I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION In the normal course of serving the citizens of Lubbock, employees of the City of Lubbock are routinely asked to use hazardous materials. Providing a safe work environment far City of Lubbock employees is an organizational priority. In order to ensure safe handling of hazardous materials, it is the policy of the City of Lubbock to communicate to our employees and contractors the hazards of those materials and the precautions they must take to protect themselves via our comprehensive Written Hazard Communication Program. The Written Hazard Communication Program will include information about: Workplace Chemical List Material Safety Data Sheet (MSDS) Container Labeling Employee Training Other Implementation Procedures Each department of the City of Lubbock will designate an employee as their Hazard Communications Coordinator. That employee may be someone already selected to be the department Safety Coordinator. The Hazard Communication Coordinator will ensure that the Hazard Communication Implementation Plan, found in Section II of this document, is implemented in their department. It is the responsibility of eveLy City of Lubbock employee to follow all established safety policies and procedures, and to notify supervisory personnel of unsafe work conditions. Hazard Communication is the law! The success of the City of Lubbock Written Hazard Communication Program depends on the commitment of management and employees to understand, and implement the program in each department. Revised: March '98 3 H. HAZARD COMMUNICATION IMPLEMENTATION PLAN The following plan describes how compliance with the Texas Hazard Communication Act (THCA) will be achieved in the City of Lubbock. The Hazard Communication Coordinator in each department, or his/her designee, will be responsible for implementing this plan in their work area. A. WORKPLACE CHENUCAL LIST A workplace chemical list will be prepared for each department listing each hazardous chemical present in the work area that exceeds the quantity of 55 gallons or 500 pounds on any one day during the year. "Hazardous Chemical" means any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA standard in 29 CFR Section 1910.1200 (3) or (d). This list will include: 1. Date the list was prepared. 2. Signature of the individual who prepared the list. 3. Chemical name(s). (name as it appears on the label and MSDS) 4. Location where the chemical(s) is/are stored. (.Note: Appendix A is provided as a template for your workplace chemical list.) The workplace chemical list will be updated, immediately upon receipt of a new chemical that exceeds the 55 gallon and/or 500 pound threshold, and by December 31 st of each year. The workplace chemical list will be made readily accessible and available to all employees or a verified employee representative during the work shift in which it is requested. Each department will maintain all workplace chemical lists for at least 30 years. B. MATERIAL SAFETY DATA SHEETS (MSDS) Each department shall obtain, and maintain on file, a MSDS for every hazardous chemical in their work area. MSDSs will be readily available for review during each work shift by all employees or a verified employee representative. Employees will be trained on how to access the MSDSs. Revised: March '98 4 All missing MSDSs will be requested in writing from the manufacturer or distributor. Any hazardous chemical not having a corresponding MSDS will be removed from service until the MSDS is received. (Note: Appendix B is a sample letter that you may use to request MSDss from manufacturers and suppliers All MSDSs will be reviewed annually. For each MSDS in excess of 2 years old, the manufacturer/distributor will be contacted to determine if the information is the most current and up-to-date for that chemical. As manufacturers/distributors are contacted, the MSDS should be "stamped" identifying the date it was checked, who was contacted, and the name of the city employee who made the contact. (Rubber stamps designed for this purpose are available from the Safety Department.) Any updated MSDSs received from the supplier will be marked with receipt date and inserted in the MSDS book. MSDSs for chemicals no longer used may be discarded. C. CONTAINER LABELING All hazardous materials must be labeled. The manufacturer's label must not be intentionally removed, defaced or covered up. Where labels are unintentionally damaged, or where the chemical is transferred to a portable container, a new label will be immediately attached to the container that lists the following information: 1. The chemical name (as it appears on the MSDS). 2. Physical and health hazards, and target organs. 3. Manufacturer's name and address. (Note: Appendix Cis a photocopy of a self-adhesive fill -in -the -blank label available from the City Warehouse.) No employee shall be asked to work with a hazardous chemical from an unlabeled container except from a portable container intended for the immediate use of the employee who fills the container. The Hazard Communication Coordinator must inform emolovees who work around unlabeled pipes the following information regarding potentially hazardous substances contained in the piping: 1. The hazardous substance in the pipe. 2. Potential hazards. 3. Safety precautions to be taken. City Policy: All compressed gases including air compressors, must be labeled with the words: Caution: Compressed Gas. Revised: March '98 5 D. EMPLOYEE TRAINING All City of Lubbock employees will be trained in Hazard Communication. In accordance with City policy, employees who are routinely exposed to hazardous chemicals while performing their job duties, must receive annual Hazard Communication refresher training. The training will include, at a minimum, the following: 1. Information on interpreting labels. 2. Information on interpreting MSDSs. 3. The relationship between labels and MSDSs. 4. The location of hazardous chemicals in the work areas. 5. The acute and chronic health effects of hazardous chemicals in the work areas. 6. Safe handling of hazardous chemicals in their work areas. 7. Proper use of personal protective equipment (P.P.E.) 8. First aid treatment to be used with respect to the hazardous chemicals in their work area. 9. General safety instructions on handling, clean-up procedures, and disposal of hazardous chemicals. This training will be provided to each employee before they begin working in an area that contains hazardous chemicals. Additional training will be provided to employees when: 1. They are new or newly assigned to that work area. 2. The potential for exposure to hazardous chemicals changes. 3. When new chemicals are brought into the work area. All Hazard Communication training will be documented. A record of each training session will include the following: 1. Date of training. 2. Roster of employees in attendance. 3. The subjects covered. (See items 1-9 above.) 4. Name of instructor(s). Revised: March'98 6 (Note: Appendix D is a form that may be used to document Hazard Communication training.) Training records and instructor notes must be maintained on file in the department for a minimum of 5 years. A copy of each training record must be sent to the Safety Department. Hazard Communication training may be supplemented by viewing a videotape. However, viewing a videotape on Hazard Communication only will not be considered adequate training. Information regarding the specific hazards at your worksite must be presented, including a time reserved for question and answer and open discussion. All City of Lubbock employees who are designated and authorized by their departments to respond to emergencies involving hazardous chemicals must be provided additional training on how to recognize, evaluate, and control exposures to the chemicals. E. OTHER IMPLEMENTATION PROCEDURES 1. Reporting Fatalities and Injuries According to the Cite Safety and Loss Prevention Manual, upon sustaining an on-the-job injury, including those resulting from chemical exposure, the employee or supervisor must report the injury to the Safety department immediately. A Personal Injury Investigative Report must be completed and submitted to Safety within 24 hours of the accident or injury. The City of Lubbock Risk Manager will be responsible for reporting to the Texas Department of Health, within 48 hours of occurrence in accordance with THCA, all employee accidents involving chemical exposure or asphyxiation that are fatal to one or more employees, or results in the hospitalization of 5 or more employees. That report shall include the circumstances of the accident, the number of fatalities, and the extent of any injuries. 2. Employee Notice The Hazard Communication Coordinator for each department will be responsible for posting, in location where employee notices are normally posted, the most current version of the THCA "Notice to Employees". This notice must remain visible and unobstructed at all times. Revised: March *98 7 (Note Appendix E is a copy of the current THCA "Notice to Employees " in English and Spanish. These maybe photocopied and posted as needed.) 3. Employee Rights The Hazard Communication Coordinator is responsible for informing the employees of their department the rights afforded to them by the Texas Hazard Communication Act (THCA). All employees have a "right to know", according to law, about chemical hazards in the workplace. Those rights include: • Access to a workplace chemical list. • Access to a MSDS for all hazardous chemicals in the workplace. • A right to be trained about chemical and physical hazards in the workplace, including the possibility for accidental exposures, and measures they can take to protect themselves from those hazards. • A right to appropriate personal protective equipment (P.P.E.) • A right not to be discriminated against, disciplined, or discharged for filing a complaint or participating in an investigation of potential violations of the THCA. • An employee may not waive their rights under the THCA. • Special arrangements must be made by the Hazard Communication Coordinator to interpret Hazard Communication information to those individuals who, because of illiteracy or language barrier, are unable to access those materials. 4. Contractor Employee Hazard Communication All contractors must agree to comply with all requirements of the Texas Hazard Communication Act (THCA) and the OSHA Hazard Communication Standard while on City of Lubbock property. The Contractor and/or Placement Agency will provide basic Hazard Communication training to their employees according to the requirements of the law. Contractors will be responsible for informing their employees of hazardous materials present in their work areas, training of their employees, and furnishing all required personal protective equipment. Any employee supervised by a City of Lubbock employee, even if referred by and/or paid by an agency or contractor, must be provided training by the City department before beginning work. Revised: March *98 8 The Hazard Communication Coordinator for the department in which the contractor employees are assigned will be responsible for providing Hazard Communication training specific to the hazards associated with working in that department. All training must be documented and recorded according to this Implementation Plan. (Note Appendix G is an outline that may be used as an abbreviated training guide for training contractor/ seasonaU temporary employees placed with the City through an Agency.) All contractors will be informed of the hazardous chemicals present in the buildings in which they work. They will be shown the storage location and given access to the MSDSs and workplace chemical lists for that department. The Hazard Communication Coordinator will obtain from the contractor a signed document acknowledging these items were communicated to the contractor representative. (Note: Appendix H is a form that may be used for Contractor Heard Communication Acknowledgment) All contractors who bring hazardous chemicals on to City of Lubbock property must provide a current MSDS for each chemical and an inventory of all chemicals brought on site. These documents must be accessible to the Hazard Communication Coordinator and City of Lubbock employees. 5. Personal Protection Equipment (P.P.E.) Personal protective equipment shall be provided by departments and used by employees if the potential for occupational exposure remains after instituting engineering and work practice controls, or if such controls are not feasible. The Hazard Communication Coordinator for each department is responsible for acquiring and making available to employees, P.P.E. appropriate for the hazards in that workplace. The P.P.E. must be kept in good condition, stored in a sanitary fashion, and inspected regularly for functionality. Revised: March '98 9 6. Department Self -Inspection The Hazard Communication Coordinator for each department will be responsible for a periodic departmental self -inspection to determine compliance with this policy and the law. Those inspections should be performed at least annually, and include spot checking work areas for chemicals with no MSDS, verifying proper labeling, confirming that training has been completed according to City policy, updating the workplace chemical list, inspecting P.P.E., and a complete review of all Hazard Communication records. (Noce: Appendix F is a Hazard Communication Department Self -Inspection checklist that may be used as a guide for completing these inspections.) 7. Purchase of Hazardous Materials All chemical purchases must be accompanied by a MSDS and be labeled according to law. Employees may not use petty cash to purchase any substance having a caution, warning, or danger label without also receiving a MSDS at the time of purchase. In the event that it is deemed necessary to buy hazardous materials with pem. cash, the Hazard Communication Coordinator should issue advance authorization, and the MSDS should be returned to the Coordinator immediately following the purchase. Revised: March '98 10 III. TRAINING OUTLINE A. HAZARD COMMUNICATION: WHAT IS IT? The Texas Hazard Communication Act, (the Act) Chapter 502 of the Health and Safety Code, requires public employers to provide their employees with information and training on hazardous chemicals. Hazardous chemicals are loosely defined as any substance that has a warning, danger, or caution label. The Act says that employees have a "RIGHT TO KNOW" what hazards they face on the job, and how to protect themselves. Some of the rights that employees have under the law include: • Ready access to a Workplace Chemical List • Ready access to a Material Safety Data Sheet (MSDS) for every chemical in your work area • Access to personal protective equipment (PPE) appropriate for your job • You must not be required to work with chemicals in unlabeled containers (unless, the contents are for immediate use) • You have a right to this training according to the Act • You have a right not to be discriminated against, disciplined, or otherwise discharged for filing a complaint regarding potential violators of the Act_ • An employee may not waive their rights under the Act. B. HAZARDOUS CHEMICAL IDENTIFICATION • What are the hazardous chemicals in my workplace and where are they located? • What are the specific hazards associated with these chemicals? • What are the precautions and protections available to us for these chemicals? Revised. March '98 C. MATERIAL SAFETY DATA SHEETS (MSDS) • Where are they? • What information do they provide? • Manufacturer name and contact information • Hazardous ingredients • Physical/chemical characteristics • Health hazard information • Signs and symptoms of exposure-emergency/first aid procedures • Safe handling/waste disposal procedures • Control measures - PPE requirements • Why is this information necessary? • Prepare you to safely work with a chemical • Know the dangers • Provide information in the event of an emergency spill or exposure • How are sheets arranged in the MSDS book? • Alphabetically by chemical name, manufacturer, raw material, etc. Practice finding and reading an MSDS Revised: March '98 12 D. E. CONTAINER LABELING • What is required to be on a label of a chemical container? Chemical Name Physical and chemical hazards and target organs Manufacturer name and address • What do I do if there is improper labeling or no label at all? Notify your Hazard Communication Coordinator . What should I look for on a label? Chemical name Signal words — Danger, Warning, and Caution Principal hazards Precautionary measures - Personal Protective Equipment First aid information Proper handling and storage No employee must be asked to work with a hazardous chemical from an unlabeled container, except from a portable container intended for the immediate use of the employee who fills the container. Practice reading a label PERSONAL PROTECTIVE EQUIPMENT • What is P.P.E.? Personal protective equipment Steel toe boots Goggles Hard hat, etc. Revised: March '98 13 • What hazardous chemicals in my work area require the use of P.P.E.? • What P.P.E. is available to me? • Where is it stored? • Should I be trained in the use of this equipment? Yes F. RESPONDING TO AN EMERGENCY • How do I recognize a chemical presence or release? What are some of the signs? • Do we monitor for chemical releases in our work place? • Do we have an emergency equipment and exit map? Where is it? • What do I need to know about first aid treatment with respect to hazardous chemical exposure? • What are some general safety instructions on handling cleanup and disposal of hazardous chemicals? • Do we have an emergency spill plan? Yes (See Emergency Spill Plan, Appendix I) Revised: March '98 14 G. HAZCOM QUIZ True False 1. MSDS stands for "Material Safety Dangerous Sheets." True False 2. HazCom addresses the hazards associated with electricity. True False 3. You, as an employee of municipal government, are exempt from Hazard Communication laws. True False 3. MSDSs contain three main categories of information. True False 4. The only substances excluded from this law are drugs and cosmetics. True False 5. The three "signal words" on a chemical label are danger, warnina and corrosive. True False 6. An MSDS may contain information about personal protective equipment that should be worn while using the product. True False 7. An MSDS should be consulted only after an accident or exposure has occurred. True False 8. Office and administrative personnel do not need to know where the MSDS book is kept. True False 9. Some products used in the same way as a residential household might use them, may be exempt from this law. True False 10. After reading a label, it may be removed from the container. True False 11. It is not necessary to report accidents involving chemical exposures unless you feel sick at the time of the exposure. True False 12. The rain in Spain falls mainly on the South Plains. Revised: March'98 1s Appendix A WORKPLACE CHEMICAL LIST (template) WORKPLACE CHEMICAL LIST (LIST OF HAZARDOUS MATERIALS STORED IN EXCESS OF 55 GALLONS OR 500 POUNDS) Department Chemical Location 2. 3. 4. 5. 6. 7. 8. 9. 10. Date of List Signature: HazCom Coordinator Note: This list must be updated 1) as new chemicals are received in excess of the threshold amounts, and 1) by December 31 of each year. This list must be maintained on file in the department for 30 years. Revised: March '98 Appendix B LETTER REQUESTING MSDS (form letter) Revised: March'98 Date: To Whom It May Concern, As you know, the United States Hazard Communication/Right-to-Know laws require employers to make available to their employees a current Material Safety Data Sheet (MSDS) for all hazardous chemicals used in their workplace. As part of the City of Lubbock's ongoing effort to comply with these laws, we respectfully request a copy of the most current MSDS for the following chemicals manufactured and/or distributed by your company: Please send to: City of Lubbock P.O. Box 2000, Lubbock, TX 79457 Attn: Your assistance in this matter is greatly appreciated. Sincerely, Xc: MSDS book (filed under name of requested chemical) Revised: March '98 Appendix C Copy of a CHEMICAL LABEL (fill in the blank) (Note: Alternative labels may be used if they contain, at a minimum, the information on the fallowing example label.) Revised: March '98 Appendix D HAZARD COMMUNICATION TRAINING LOG Revised: March '98 HAZARD COMMUNICATION TRAINING LOG Department Location Instructor Topics (Circle all that apply) Acute & Chronic Health Effects Chemical Locations Chemical Spill Cleanup & Disposal Other Topics Date of Training Safe Handling Labeling Chemical First Aid MSDSs General Safety P.P.E. * My signature indicates that I have received and understand the Hazard Communication training specific to hazards associated with my jab. EMPLOYEE NAME EMP. NUMBER SIGNATURE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. I 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Employees listed have satisfactorily participated in Hazard Communication training per City requirements. A copy of this training record must be forwarded to the Safety Department and a copy maintained in the department file for 5 years. Revised: March '99 . «. Appendix E NOTICE TO EMPLOYEES (in English and Spanish) Revised: March ' 98 � Q-10 cN�r�7�►�i��rara�.-�riir The Texas Hazard Communication Act (revised 1993), codified as Chapter 502 of the Texas Health and Safety Code, requires public employers to provide employees with aecific information on the hazards of chemicals to which employees may be exposed in the workplace. As required by law, your employer must provide you with certain information and training. A brief summary of the law follows. Employers must develop a list of hazardous chemicals used or stored in the workplace in excess of 55 gallons or 500 pounds. This list shall be updated by the employer as necessary, but at least annually, and made readily available for employees and their representatives on request. i , MATERIAL SAFETY DATA SHEETS Employees who may be exposed to hazardous chemicals shall be informed of the exposure by the employer and shall have ready access to the most current material safety data sheets, which detail physical and health hazards and other pertinent information on those chemicals. Covered employees shall receive training by the employer on the hazards of the chemicals and on measures they can take to protect themselves from those hazards, and shall be provided with appropriate personal protective equipment. This training shall be provided as needed. Employers shall also provide training to new or newly assigned employees before the employees work with or in a worst area containing a hazardous chemical. Employees shall not be required to work with hazardous chemicals from unlabeled containers, except portable containers for immediate use, the contents of which are known to the user. The following chemicals. are exempt from coverage by this act: articles that do not normally release hazardous chemicals, food, drugs, cosmetics, hazardous waste, tobacco and tobacco products, wood or wood products, consumer products used in the same manner as normal consumer use, anc radioactive waste. Employers must report to the department within 4E hours the occurrence of a chemical accident tha- results in one or more -employee fatalities or result in the hospitalization of five or more employees. EMPLOYEE RIGHTS Employees may file complaints with the Texas Department of Health at the toll free number below and may not be divharged or discriminated &gains in any manner for the exercise of any right_ provided by this act. EMPLOYERS MAY BE SUBJECT TO ADMINISTRATIVE PENALTIES AND CIVIL OR CRIMINAL FINES RANGING FROM $50 TO $100,00C FOR EACH VIOLATION OF THIS ACT. Further information may be obtained from: Texas Department of Health 1-800-452-2791 Toxic Substances Control Division .-iazard Communication Branch (512) 834-6603 1100 West 49th Street Austin, Texas 78756 This r4tict is sub�ea to approval by the'Texu Board of Health 12/9b La ley de comunicaci6n de Peh9ros de Texas (revisada en 1 993); codificada como Capitulo 502 de el idigo de Seguridad de Salud de Texas, requiere que los empleadores publicos proveen a trabajadores con „Iformacion especifica sobre los peligros de quimicos a los cuales los trabajadores pueden ser expuestos en el lugar de trabajo. Como es requerido por ley, su empleador debe de proveerle con cierta informaci6n y capacitaci6n. Un breve resumen de la ley sigue: Los empleadores deberan desarrollar una lista de los quimicos peligrosos que se usan o se guardan en el lugar de trabajo en exceso de 55 galones o 500 libras. Esta lista debe de tener toda la information al corriente segun vaya siendo necesario o por to menos una vez al ant y ser disponible para los trabajadores cuando ellos to requieran. Los trabajadores deben de ser informados sobre el posible riesgo de estar expuestos a quimicos potencialmente peligrosos, por medio de las hojas de informaci6n de seguridad sobre materiales peligrosos que el empleador deberA de proveerles. Si los recipientes que contienen quimicos no tienen una hoja de informaci6n donde explica que contenido tiene el recipiente, el trabajador no debera de ser requerido a usar quimicos no 1dentificados. Una exceYci6n es el use inmediato de los recipientes portatiles los cuales el trabajador tiene conocimiento del contenido. No es requerido por esta ley el proveerle con informaci6n o protecci6n sabre los siguientes quimicos: articulos que normalmente no expiden quimicos peligrosos, alimentos, drogas, cosm6ticos, desechos peligrosos, tabaco y productos de tabaco, madera y produetos de madera, produetos de consumidor usados erg la misma manera que normalmente se usan en el hogar y desechos radioactivos. Los empleadores deberan de reportarle al Departarnento Los trabajadores que pueden ser expuestos a quimicos de Salud de Texas, dentro de 48 horas sobre el peligrosos deberan de recibir capacitaci6n de su accidente de qufmico ocurrido con el resultado de una o empleador sobre los quimicos peligrosos y sobre las m6s fatalidades de trabajadores o la hospitalizaci6n de medidas de protecci6n que deben de tomar para poder cinco o m6s trabajadores. protegerse de estos peligros. Los trabajadores deberan D aS DEL . , . < JADOR de ser previstos con equipo de protecci6n personal apropiado. Esta capacitaci6n deberd de ser prevista E1 trabajador puede someter sus quejas a el cada y cuando sea necesario. Los empleadores deberan Departamento de Salud de Texas, y no podr6 ser de preveer capacitaci6n a Ios trabajadores nuevos o a despedido o descriminado de ning6na manera por ejercer los trabajadores reci6n asignados antes de que el los derechos que se proveen por medio de 6sta ley. trabajador comience a trabajar con o en una 6rea de Pueden Ilamar sin costo alguno al numero que se trabajo que contenga quimicos peligrosos. encuentra abajo. EL EWI LEADOR PUEDE SER SUJETO A PENAS MILES 0 CRiMINI ALES DESDE S50 A $100,000 DOLARES POP, CADA V70LACION DE ESTA LEY. Para cbtener mas information puede llamar o escribir al: Texas Department of Health 1-800-452-2791 Toxic Substances Control Division hard Communication Branch (512) 834-6603 t lC i Wma 49th Street Austin, Texas 78756 12/96 Este aviso esti sujeto a aprobac:6n por cl Carnsejo de Salud de Tcaxs Appendix F DEPARTMENT SELF -INSPECTION CHECKLIST Revised: March `98 HAZARD COMMUNICATION: Department Self -Inspection Checklist HazCom Coordinator Department Date of Inspection A. Material Safety Data Sheets (MSDS) 1. Spot check your work area for MSDSs on 4 or 5 randomly selected chemicals. (Lookfor materials such as vendor samples, things brought from home, "Wal-Mart" purchases.) 2 Request any missing MSDSs from the supplier in writing. (Keep a copy of the letter in place of the missing AEDS.) B. Chemical labeling 1. Spot check your work area for unlabeled chemical containers. (Look for spray bottles, pump -up sprayers, cans where the paper label has fallen off.) 2. Chemical labels must include the following: Chemical name Manufacturer name and address Physical and chemical health hazards C. Training l . Make sure all employees have signed a document verifying they have received HazCom training..Annual training is required for employees. (Conduct a training session for those who have not received training.) 2. Training documentation must include: Subject (Refer to appendi_Y D for a list of topics) Date Instructor Names of those attending the training 3. Make sure all newly assigned or transferred employees receive HazCom training as part of their department orientation. (Document training) D. Miscellaneous 1. Maintain the Workplace Chemical List in the MSDS book of all chemicals stored on any one day in excess of 55 gallons and/or 500 pounds. (Add new chemicals that exceed these thresholds). 2. Make sure an up-to-date copy of the "Notice to Employees," poster in English and Spanish is visible to all employees on a bulletin board. 3. Monitor proper storage of hazardous chemicals Flammables stored in flammable cabinets Incompatible materials stored separately 4. Acquire and make available any Personal Protective Equipment (PPE) required for the job. Make sure PPE is maintained clean and in good condition. 5. Take note of any food or drinks stored in chemical storage areas. Advise employees against this practice. Note: The City of Lubbock Written Hazard Communication Program requires that each department designate a Hazard Communications Coordinator. That individual, or their designee, should perform a self -inspection, using this form, every 4 months. The results of those inspections should be discussed at safety meetings. Revised: March ' 98 Appendix G HAZARD COMMUNICATION FOR CONTRACTOR / TEMPORARY / SEASONAL WORKERS (training outline) Revised: March ' 98 HAZARD COMMUNICATION TRAINING OUTLINE FOR CONTRACTORS/SEASONAL/TEMPORARY WORKERS The following information should be presented to all new and newly assigned employees, full-time and part-time, temporary and seasonal. This includes temporary workers placed by employment agencies. The training should be held during a new employee orientation and provide general information regarding Hazard Communication laws. This information will then be supplemented with site -specific hazard communication training by a worksite supervisor once the employee is assigned to a department. Employee rights under the law, including, but not limited to: A right to this training (hazard communication) Rights to ready access to 1. A Workplace Chemical List 2. A Material Safety Data Sheet for every hazardous chemical in their work area 3. Personal Protective Equipment (PPE) appropriate to their job A right to work with chemicals in properly labeled containers • Definitions of Hazard Communication Workplace Chemical List Material Safety Data Sheet Personal Protective Equipment • What information is on a MSDS and how to read it? • What information is on a properly labeled container? • The relationship between MSDSs and container labels • Site -specific training should include the following: the storage location of chemicals and their MSDSs the acute and chronic health effects of each chemical specific first -aid training safe handling clean-up and disposal procedures for each hazardous chemical. According to law, a record of this training should be maintained for a minimum of 5 years. That record should include a list of those attending the training, the instructor's name, date of training, and the specific subjects discussed. All employees, once they understand and feel comfortable with the information provided, are required to sign the Hazard Communication Training Log confirming that they have received the training. Revised: March '98 Appendix H CONTRACTOR ACKNOWLEDGEMENT OF HAZARD COMMUNICATION (fill in the blank) Revised: March '99 CONTRACTOR ACKNOWLEDGMENT OF HAZARD COMMUNICATION I have been informed of the presence of hazardous materials on the City of Lubbock premises, and of the location of the corresponding Material Safety Data Sheets (MSDS). I agree to provide MSDSs for all hazardous materials brought on City of Lubbock property, and will remain in compliance with the OSHA Hazard Communication Standard and all other applicable safety standards while on City of Lubbock property. Date Contractor signature Printed name Firm Revised: March ' 98 Appendix I CHEMICAL SPILL PLAN (Note: For those departments who are required by state and federal law to have emergency response and spill plans, the following chemical spill plan does not apply.) Revised: March '98 CHEMICAL SPILL PLAN I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.) • Attend to Injured • Notify the Hazard Communication Coordinator at # • Turn off any ignition and heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protective Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Clean up contaminated area • Dispose of residues according to law lI. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa lake), ground water, or sanitary or storm sewer systems, or any "extremely hazardous substance" spill. (Consult Texas Tier Two list) • Call 911 • Attend to injured • Notify the Hazard Communication Coordinator at # • Turn off any ignition or heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protection Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Contact the following- 1 } TNRCC Emergency Response Team 796-7092 8 - 5 Mon. - Fri. (800) 695-2337 after hours (enter #20770 at prompt) 2) National Response Center (800) 424-8802 Location of: First Aid Kit Spill Containment Materials Emergency Exit Map Revised: March '98 Appendix J NEW EMPLOYEE SAFETY BRIEFING FORM Revised: March ' 98 NEW EMPLOYEE SAFETY BRIEFING (Full-time, Part-time, Seasonal, Temporary) Employee Name Hire Date Department Employee Number TOPIC Date Initials HAZARD COMMUNICATION TRAINING (First Day on Job) MSDSs Acute & Chronic Health Effects Labeling Chemical Locations P.P.E. Chemical Spill Cleanup & Disposal Safe Handling Chemical First Aid General Safety Other CITY SAFETY MANUAL Reviewed DEPARTMENT SAFETY MANUAL Reviewed DEFENSIVE DRIVING CLASS Scheduled (if applicable) CDL - DOT TRAINING Scheduled ADVISEMENT OF DISCIPLINARY ACTION for Personal Injury and Motor Vehicle Accidents (PPG 5.02-5.04) This employee has received Hazard Communication Training and Safety Manual Training. Other training classes are scheduled as noted above. Supervisor's Signature Employee's Signature Date Date Hazard Communication and Safety Manual Training are to be completed the employee's First day on the job. All other training is to be scheduled. Please return this form as soon as completed to Human Resources, Room 104, Municipal Building.