_______________________________________ ROBERT B. REICH, SECRETARY OF LABOR ) United States Department of Labor, ) ) Petitioner, ) ) v. ) Docket No. 93-8267 ) UNITED PARCEL SERVICE, INC., ) ) Respondent ) ) _______________________________________)
The Secretary of Labor, United States Department of Labor (the "Secretary") and United Parcel Service ("UPS") have reached a full and complete settlement of compliance issues arising from monitoring inspections conducted by the Occupational Safety and Health Administration ("OSHA") under the corporate-wide settlement agreement concerning hazardous materials ("CSA") entered into by the parties on February 27, 1992.
A. On February 27, 1992, as the result, of eleven enforcement actions brought by the Secretary concerning compliance issues under 29 CFR 1910.120(q), the parties entered into a CSA defining UPS' responsibilities in dealing with emergency response to damaged packages which might present hazardous conditions to employees. The CSA became a final order of the Occupational Safety and Health Review Commission and, upon the Secretary's petition, formed the basis of a consent decree entered by the United States Court of Appeals for the Eleventh Circuit on April 27, 1993.
B. As the result of examination of documents supplied by UPS and numerous monitoring inspections conducted by OSHA in the past twelve months at UPS facilities, including inspections at Lenexa, Kansas, and Fort Collins, Colorado, which experienced significant damaged package spill events, OSHA believes that UPS did not implement fully the CSA.
C. UPS believes that its reasonable efforts to achieve substantial compliance with the CSA are demonstrated by its training of more than 200,000 affected employees in the UPS Damaged Package Response Procedure ("Procedure") approved by OSHA in the CSA; UPS' purchase of extensive amounts of personal protective equipment, decontamination equipment, and other materials necessary to implement the Procedure, and the recent audits of substantially all of its affected facilities conducted by UPS and independent consultants retained by UPS to identify any shortcomings in UPS' compliance effort.
D. To avoid litigation, the parties agree to resolve their dispute regarding compliance with the CSA in the manner set forth herein and to submit this Supplemental Settlement Agreement ("Agreement") to the United States Court of Appeals for the Eleventh Circuit for entry of a supplemental order.
A. UPS will do the following:
(1) examine the effectiveness of its corporate-wide efforts to implement the CSA and this Agreement;
(2) conduct an annual audit, using the audit protocol described in the guide attached hereto as Appendix A, of no less than 50 UPS facilities under federal OSHA jurisdiction to determine compliance with the Procedure. The first audit will begin no later than sixteen (16) months after execution of this Agreement;
(3) obtain from the center or hub manager at each facility covered by this Agreement a description of measures taken at that facility to contact outside responders to discuss conditions and procedures at that facility. Descriptions indicating such contacts at each facility in accordance with the Procedure shall be provided to OSHA no later than sixty days following execution of this Agreement.
B. UPS corporate headquarters will prepare a report within one month after the conclusion of the first annual audit, describing the company's efforts at compliance and assessing the overall effectiveness of the Procedure based upon, among other criteria, analysis of responses to actual spills occurring in UPS facilities. This report will be maintained at UPS headquarters and will be provided to OSHA upon request and, pursuant to Article XVIII of UPS' Collective Bargaining Agreement with the IBT, to the collectively bargained UPS-Teamster Health and Safety Committee.
A. UPS agrees to pay $3,000,000.00 to OSHA within thirty days after execution of this Agreement in full and complete settlement of any claim by the Secretary related to the CSA from its effective date until the date of signing this Agreement.
B. OSHA may, in its sole discretion, require payment of an additional contingent amount of $3,000,000.00 to OSHA in the event UPS "fails" an independent audit as set forth in paragraph IV below. Such payment shall be OSHA's sole remedy for any failure to comply with this Agreement from the date of execution of this Agreement until November 30, 1994. Such payment shall be made no later than one month after a written demand from OSHA is received by UPS.
UPS has asserted to the Secretary, based on extensive internal audits of substantially all of the 1,175 facilities covered by the CSA and under state plans and verification by an independent outside auditor of UPS' findings with respect to a statistically significant sample of 125 such facilities, that it is in substantial compliance with the Procedure and the terms of the CSA. To further verify compliance with the Procedure, the parties have agreed upon an audit process to be conducted by an independent auditor and funded by UPS as follows:
A. An independent auditor acceptable to both parties shall be selected as follows: UPS shall make a selection of such an auditor within twenty (20) days after execution of this Agreement. The auditor shall be one which has not previously performed work for UPS related to the CSA. After making the selection, UPS will immediately notify the Secretary of the identity of the selected auditor. OSHA will respond to UPS with its comments and/or decision on the auditor within five (5) working days. If OSHA rejects an independent auditor submitted by UPS, then UPS will continue to submit successive selections of an auditor during successive twenty-day periods from such rejections until OSHA accepts a selection. OSHA's consent to any independent auditor suggested by UPS shall not be unreasonably withheld.
B. Within twenty days from the signing of this Agreement, UPS will provide OSHA with a list of all facilities subject to federal OSHA jurisdiction which are covered by this Agreement, sorted by the following types: "hubs," non-hub "centers," and other facilities such as airport gateways and air ramps. Within ten days after selection of the independent auditor pursuant to paragraph IV.A above, the independent auditor shall provide UPS and OSHA with a sampling plan and the number of facilities to be randomly selected from each category. The independent auditor will then randomly select a statistically significant sample pursuant to the sampling plan and conduct an audit at these facilities pursuant to the audit protocol attached as Appendix A, Part One by no later than September 30, 1994.
C. The auditor shall also conduct an evaluation of completed Hazardous Materials Incident Response Reports from the same statistically significant sample of facilities derived in paragraph IV.B above to assess both the adequacy of the reports and the facility responses under the Agreement to damaged package incidents involving hazardous materials. The audit shall include all such reports completed after thirty days after execution of this Agreement until the date of the facility audit. This audit shall follow the protocol attached as Appendix A, Part Two.
D. "Failure" for purposes of the contingent payment set forth in paragraph III.B above shall be determined as follows:
(1) The scores of Parts One and Two of the independent audit described above shall be combined to create a final audit score. The score for Part One will constitute 75 percent of the final audit score, and the score for Part Two will constitute the remaining 25 percent. If more than ten percent (10%) of the responses to the combined audit are insufficient, UPS will "fail" the audit.*
________ FOOTNOTE(*) The "failure" rate in this audit only defines the conditions of UPS' potential liability under paragraph III.B above, and does not necessarily constitute an acceptable level of compliance for any other purpose under the Occupational Safety and Health Act. The "failure" rate merely acknowledges variables which are inherent in this type of audit.(2) "Failure" for purposes of the contingent payment will not occur on a facility basis. Rather "failure" will occur when more than ten percent (10%) of the responses throughout the audit (all facilities audited) are determined to be inadequate. In the event that an individual facility audit reveals inadequate responses greater than five percent (5%) (facility "failure"), UPS will determine the reason for this "failure" and ensure that corrective action is taken within two weeks in the facility.
E. Within one month after the end of the audit period, the auditor will provide to OSHA and UPS the results of the audit, including a determination of whether UPS has "failed" as detailed above and a detailed analysis for this conclusion.
Referencing paragraph VI of the CSA, the parties hereby agree that the CSA shall remain in effect until November 30, 1994. UPS shall continue to utilize the Procedure for this period. Thereafter, UPS shall continue to utilize the Procedure or an equivalent as set forth in the CSA. In the event UPS determines that it wishes to utilize a different but equivalent procedure after November 30, 1994, it shall notify the Secretary and the UPS-Teamster Health and Safety Committee of its intention to do so. All provisions of the CSA not directly amended by this Agreement shall remain in full force and effect during this period.
Within thirty days after execution of this Agreement, UPS will implement utilization of the attached Hazardous Materials Incident Response Report (Appendix B) at all its facilities. During the term of this Agreement, completed report forms shall be sent to corporate UPS in Atlanta within one week of the relevant spill incident date. Corporate UPS in Atlanta shall evaluate the adequacy of the completion of each report and whether the response described therein is in accordance with the Procedure. Completed incident response forms shall be sent to OSHA's Office of Compliance Programs on the first day of each month, ending December 1, 1994.
Recognizing that the independent auditor will be conducting monitoring of UPS' compliance with the Agreement until September 30, 1994, the Secretary agrees that he will not conduct any general schedule monitoring inspections of the subject matter of this Agreement for that period. However, the Secretary may conduct all other types of inspections of UPS facilities, including complaint, fatality and catastrophe inspections dealing with the instant subject matter. After September 30, 1994, the Secretary may conduct general schedule monitoring inspections to confirm continued compliance with the Agreement and the program.
Nothing in this Agreement shall be construed as a waiver of any arguments or defenses that either party may assert in future litigation.
EXECUTED THIS 1ST DAY OF APRIL, 1994. FOR UNITED PARCEL SERVICE: For THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR: ___________________________ _________________________ ALLEN E. HILL JOSEPH A. DEAR Vice President Assistant Secretary United Parcel Service, Inc. Occupational Safety and Health Administration ___________________________ _________________________ BARUCH A. FELLNER THOMAS S. WILLIAMSON, JR. Gibson, Dunn & Crutcher Solicitor of Labor Attorneys for United Parcel Service, Inc. JOSEPH M. WOODWARD Associate Solicitor for Occupational Safety and Health _________________________ KENNETH A. HELLMAN Senior Trial Attorney _______________________ JANICE L. HOLMES Attorney Occupational Safety and Health Division APPENDIX A UPS Corporate Settlement Agreement Audit Most Acceptable Answers Region __________________________ District __________________________ Facility __________________________ Date __________________________ Auditing Division Manager District Manager:___________________________________________ Human Resources Manager:____________________________________ Plant Engineering Manager: _________________________________ District Health & Safety Manager:___________________________ District Automotive Manager: _______________________________ District Customer Service Manager:__________________________ Region Manager: ____________________________________________ Region Human Resources Manager:_____________________________ Region Piano Engineering Manager:___________________________ Region Health & Safety Manager: ____________________________ Region Automotive Manager:__________________________________ Region Customer Service Manager: _________________________ _____________, 1994 ___________________ Auditor Name (Print)
GENERAL:
* "Yes" is a positive response; "no" is negative; "NA" is not applicable. "NA" responses can only be given where indicated on the audit form, and are not counted in the scoring.
* Negative answers represent the most acceptable response, but not necessarily the only acceptable response. The auditor must examine each individual response to determine whether it reflects comprehension of the answer reflected in the audit guide, and give "yes" credit when a reasonably equivalent answer has been given. The auditor should not correct interviewees or prompt them to elicit the correct answer.
* No partial credit shall be awarded for incomplete responses. When answers contain multiple parts, such as "Don't touch the package, leave the immediate area and contact my supervisor" (see question 24), credit should not be awarded unless all required elements (or their reasonable equivalents) are included in the response. On the other hand, when the guide indicates more than one acceptable response separated by "OR," full credit should be awarded if either alternative answer (or its reasonable equivalent) is provided.
* Sections III, IV, V, VI, and VII of Part One call, respectively, for interviews of five inside manual hourly employees (one-hour trained), five package drivers (one-hour trained), three inside manual hourly employees (twelve-hour trained), three management non-responders (one-hour trained), and three management designated responders (twelve-hour trained). If the audit team determines that a larger number of employees in any of these categories is necessary to obtain a representative sample at a larger facility, the team may interview more than the indicated number. In scoring the audit, however, the auditor should not increase the weight given to a particular question merely because a larger number of employees was interviewed. Instead, the value of each individual response should be reduced by the percentage necessary to maintain the same overall weight for the question. Thus, for example, if a question called for interviews of five employees but ten employees were actually interviewed, then each response should be given one-half the weight of a normal response (5 divided by 10).
INTERVIEWS:
* All employees selected for interviews are to be randomly selected by the audit team.
* All interviews are one-to-one interviews and are not to be done as group interviews.
SCORING (INDIVIDUAL FACILITY AUDITS):
* Part One: The total number of correct responses to the questions in Part One will be determined for the facility being audited. Likewise, the total number of all audited responses (both yes and no responses) will be determined for the facility. The ratio of the correct responses divided by all audited responses will be the total facility score for Part One.
_____________, 1994 ___________________ Auditor Name (Print)
* Part Two, Section I: The total number of forms filled out completely will be determined for the facility being audited. The total number of forms audited at this facility will also be determined. The ratio of complete forms divided by total audited forms at the facility will be the total facility score for Part Two, Section I.
* Part Two, Section II: The total number of forms revealing appropriate responses will be determined for the facility being audited. The total number of forms audited in this facility (which in all cases will be the same number of forms as audited in Part Two, Section I) will also be determined. The ratio of forms with appropriate responses divided by all audited forms will be the total facility score for Part Two, Section II.
* Facility Score: The score for each facility audit will be a percentage based 75% on the score for Part One and 25% on the combined scores for Part Two, Sections I and II. The scores for sections I and II of Part Two will be combined by adding the total number of complete forms and the total number of forms revealing appropriate responses at the facility and dividing the result by two times the total number of forms audited at the facility.
_____________, 1994 ___________________ Auditor Name (Print)
SCORING (CORPORATE-WIDE AUDIT):
* Part One: The total number of correct responses to the questions in Part One for all audited facilities will be determined. Likewise, the total number of all audited responses (both yes and no responses) in Part One will be determined. The ratio of the total number of correct responses for all facilities divided by the total number of audited responses for all facilities will be the total corporate-wide score for Part One.
* Part Two, Section I: The total number of audited forms that were filled out completely in Part Two, Section I for all facilities will be determined. The ratio of this number divided by the total number of audited forms in Part Two, Section I for all audited facilities will be the total corporate-wide score for Part Two, Section I.
* Part Two, Section II: The total number of audited forms revealing appropriate responses in Part Two, Section II for all facilities will be determined. The ratio of this number divided by the total number of audited forms in Part Two, Section II for all audited facilities (which in all cases will be the same number of forms audited at all facilities in Part Two, Section I) will be the total corporate-wide score for Part Two, Section II.
* Corporate-Wide Score: The corporate-wide score for the audit will be a percentage based 75% on the score for Part One and 25% on the combined score for Part Two, Sections I and II. The scores for sections I and II of Part Two will be combined by adding the total number of complete forms and the total number of forms revealing appropriate responses for all facilities and dividing the result by two times the total number of audited forms at all facilities.
_____________, 1994 ___________________ Auditor Name (Print) UPS CORPORATE SETTLEMENT AGREEMENT-AUDIT REGION:_________________________ DATE:__________________ DISTRICT:______________________ DIVISION:______________________ CENTER/SORT:___________________ FACILITY:________________ FACILITY REP:____________ PART ONE: AUDIT OF PROCEDURE IMPLEMENTATION SECTION 1: DOCUMENTATION (GO LOOK) (Y/N) 1. Does the facility have the UPS Emergency Response Plan (ERP Blue Book) available? Y a. Does the plan have local emergency outside responders listed with phone numbers? (Section #1 UPS Plan ERP) Y b. Has there been a pre-emergency response coordination with outside responders? (Section #1 UPS ERP) Y c. Is there designated responder list in the emergency response manual? (Section II. UPS - ERP) Y d. Was the one-hour awareness training regarding damaged hazardous materials packages given to: Y 1. The most recent five new hires 5 of 5 (yes if 100%) Y 2. Five Seniority employees (random) 5 of 5 (yes if 100%) Y 2. Does the facility have an emergency evacuation plan? (Section VI. UPS ERP) Y a. Is there documentation that evacuation training has been conducted within the past 12 months? Y b. Is the written emergency evacuation plan posted in each work area? Y c. Are the evacuation routes posted in each work area (maps)? Y d. Are they current as of the latest building modifications? current # of total # (yes if 100%) (operation specific) Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:____________________ DISTRICT:__________________ DATE:______________________ CENTER/SORT:_______________ 3. For hazardous Material spills, is there a Hazardous (Y/N/NA) Materials incident Response Report? (If N/A go to #4) Y a. For those facilities on the Damage Material Program, identity from the (DMP) log the last 10 hazardous spills or all hazardous spills since 30 days after the date of the Supplemental Settlement Agreement, whichever is less. (Y/NA) b. Did all of the hazardous material spills have a corresponding Hazardous Materials Incident Response Report? Y 4. What is the total number of 12 hour trained Designated Responders in this facility? #___ a. Have all the Designated Responders received the initial 12 hour Hazardous Materials response training and/or the four hour recertification? Y b. Is their training documented? Y 5. What is the total number of employees in this facility that require one hour Hazardous Materials Response Training? #___ a. Have all the employees received the required one hour training? Y b. Is their training documented? Y * If answer is NA do not calculate in the score. _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 6. Is this a facility that is required to have Self- (Y/NA) contained Breathing Apparatus (SCBA) respirators available (No credit or penalty for this question) (If N/A go to question 7)? Y or NA a. Does the facility have a written respiratory protection program (orange binder)? Y b. Have physicals been provided for all designated responders? Y c. Have those physicals been documented? Y d. Is there documentation regarding monthly inspections of the SCBA? Note: Cards for this purpose are usually in the SCBA container Y e. Are two SCBAs (including one spare cylinder) available? Y f. Have the SCBAs been charged with air for use? Y 7. Does the facility have a copy of the UPS Guide for shipping Ground and Air Hazardous Materials (0172039193)? Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ SECTION II: PHYSICAL INSPECTION (GO LOOK) (Y/N/NA) 8. Is a fully equipped spill cart available (including absorbants such as speed-dry or solusorb, Sodium Bicarbonate, non-sparks dust pan, pH tape, fiber broom, and prohibited hazardous materials poster)? Y/NA 9. Are PPE (goggles, gloves plus silver shield liners, boots, and apron) available and in neat, clean and good condition? Y 10. If this facility is a responding facility, does it have an eyewash and a shower station? Y 11. Separate from the fire alarm, is there a functioning alarm system for emergency evacuations due to hazardous material spills? Y 12. Has that alarm system been demonstrated on each shift during the last year? Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit Employee Names: REGION:_______________________ 1.______________________ DISTRICT:_____________________ 2.______________________ DATE:_________________________ 3.______________________ CENTER/SORT:__________________ 4.______________________ 5.______________________ SECTION III: NON-RESPONDING INSIDE MANUAL HOURLY EMPLOYEES (ONE-HOUR TRAINED) Interview five inside manual employees. Record their responses by the appropriate number and answer yes or no (most acceptable answers). (Y/N) 13. Do you know what to do if a package is generating smoke, fumes, or is otherwise irritating? (explain what you should do) 1. Don't touch the package, leave the immediate area and notify my supervisor. Y 2. Don't touch the package, leave the immediate area and notify my supervisor. Y 3. Don't touch the package, leave the immediate area and notify my supervisor. Y 4. Don't touch the package, leave the immediate area and notify my supervisor. Y 6. Don't touch the package, leave the immediate area and notify my supervisor. Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ (Y/NA) 14. Do you know what to do if a package is leaking and you don't know its contents? (Explain what you should do) 1. If it is unknown and leaking I regard it as hazardous. OR Don't touch it, leave the immediate area and contact my supervisor. Y 2. If it is unknown and leaking I regard it as hazardous. OR Don't touch it, leave the immediate area and contact my superior. Y 3. If it is unknown and leaking I regard it as hazardous. OR Don't touch it, leave the immediate area and contact my supervisor. Y 4. If it is unknown and leaking I regard it as hazardous. OR Don't touch it, leave the immediate area and contact my superior. Y 5. If it is unknown and leaking I regard it as hazardous. OR Don't touch it, leave the immediate area and contact my supervisor. Y 15. In an emergency evacuation, where do you assemble and where is the emergency evacuation plan posted? 1. [LOCATION-SPECIFIC ANSWER] Y 2. [LOCATION-SPECIFIC ANSWER] Y 3. [LOCATION-SPECIFIC ANSWER] Y 4. [LOCATION/SPECIFIC ANSWER] Y 5. [LOCATION/SPECIFIC ANSWER] Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit Employee Names: REGION:_______________________ 1.______________________ DISTRICT:_____________________ 2.______________________ DATE:_________________________ 3.______________________ CENTER/SORT:__________________ 4.______________________ 5.______________________ SECTION IV: PACKAGE DRIVERS (ONE-HOUR TRAINED) Interview five package drivers (one hour trained) record their responses by the appropriate number and answer yes or no. (Y/N) 16. Do you know what to do if a package is generating smoke, fumes, or is otherwise irritating? on area (explain what you should do) 1. Don't touch the package and call my supervisor. Y 2. Don't touch the package and call my supervisor. Y 3. Don't touch the package and call my supervisor. Y 4. Don't touch the package and call my supervisor. Y 5. Don't touch the package and call my supervisor. Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 17. Do you know what to do if the package is generating smoke, fumes, or is otherwise irritating? in the center (explain what you should do) (Y/N) 1. Don't touch the package, leave the immediate area and contact my supervisor. Y 2. Don't touch the package, leave the immediate area and contact my supervisor. Y 3. Don't touch the package, leave the immediate area and contact my supervisor. Y 4. Don't touch the package, leave the immediate area and contact my supervisor. Y 5. Don't touch the package, leave the immediate area and contact my supervisor. Y 18. Do you know what to do if a package is leaking and you do not know its contents? (Explain what you should do) 1. If it is unknown and leaking I regard it as hazardous OR Don't touch it, leave the immediate area and contact my supervisor. Y 2. If it is unknown and leaking I regard it as hazardous OR Don't touch it, leave the immediate area and contact my supervisor. Y 3. If it is unknown and leaking I regard it as hazardous OR Don't touch it, leave the immediate area and contact my supervisor. Y 4. If it is unknown and leaking I regard it as hazardous OR Don't touch it, leave the immediate area and contact my supervisor. Y 5. If it is unknown and leaking I regard it as hazardous OR Don't touch it, leave the immediate area and contact my supervisor. Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 19. In an emergency, where do you assemble and where is the emergency evacuation plan for your work location posted? 1. [LOCATION-SPECIFIC ANSWER] Y 2. [LOCATION-SPECIFIC ANSWER] Y 3. [LOCATION-SPECIFIC ANSWER] Y 4. [LOCATION-SPECIFIC ANSWER] Y 5. [LOCATION-SPECIFIC ANSWER] Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ 1. _________________________ DISTRICT:_____________________ 2. _________________________ DATE:_________________________ 3. _________________________ CENTER/SORT:__________________ SECTION V: INSIDE MANUAL HOURLY EMPLOYEES (12-HOUR TRAINED) Interview three (3) inside hourly employees who are designated responders using a separate interview form (duplicate as necessary). 20. Where the following items are located: (If N/A go to #21) (Y/N/NA) Spill Cart(s) and Personal Protective Equipment (PPE) Y Y Y SCBA(s) Y Y Y Decontamination unit (eyewash) Y Y Y 21. How do you determine what PPE (including SCBA) is required? (Y/N) 1. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y 2. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y 3. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 22. What is the purpose of a Material Safety Data Sheet (MSDS)? (Y/N) 1. A material safety data sheet is an outline of the properties of an individual hazardous chemical. It gives an explanation how to handle the chemical if a spill occurs. Y 2. A material safety data sheet is an outline of the properties of an individual hazardous chemical. It gives an explanation how to handle the chemical if a spill occurs. Y 3. A material safety data sheet is an outline of the properties of an individual hazardous chemical. It gives an explanation how to handle the chemical if a spill occurs. Y 23. In an emergency evacuation, where do you assemble and where is the emergency evacuation plan for your work location posted? (Y/N) 1. [LOCATION-SPECIFIC ANSWER] Y 2. [LOCATION-SPECIFIC ANSWER] Y 3. [LOCATION-SPECIFIC ANSWER] Y 24. How do you know how to respond to hazardous materials incidents? (Y/N) 1. I look at the decision tree OR the Damaged Package Response Procedure. Y 2. I look at the decision tree OR the Damaged Package Response Procedure. Y 3. I look at the decision tree OR the Damaged Package Response Procedure. Y 25. Demonstrate on the decision tree how you would respond to the following situation: [HYPOTHETICAL TO BE DESIGNED BY INDEPENDENT AUDITOR] NOTE: Give responses double weight in audit scoring. 1. Y 2. Y 3. Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 26. How do you know when the fire department or designated outside contractor should be called to clean up a hazardous spill? Y 1. I look at the decision tree OR the response sheets OR the Damaged Package Response Procedure Y 2. I look at the decision tree OR the response sheets OR the Damaged Package Response Procedure Y 3. I look at the decision tree OR the response sheets OR the Damaged Package Response Procedure Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit Employee Names: REGION:_______________________ 1.______________________ DISTRICT:_____________________ 2.______________________ DATE:_________________________ 3.______________________ CENTER/SORT:__________________ SECTION VI: MANAGEMENT NONRESPONDERS (ONE-HOUR TRAINED) Interview three (3) inside management employees who are not designated responders (one-hour trained) using a separate interview form (duplicate as necessary). (Y/N) 27. If a package is generating smoke, fumes, or is otherwise irritating, what should you do? (explain) 1. Don't touch the package, remove my employees from the immediate area and contact a designated responder. Y 2. Don't touch the package, remove my employees from the immediate area and contact a designated responder. Y 3. Don't touch the package, remove my employees from the immediate area and contact a designated responder. Y 28. If a package is leaking and it carries no label or other indication of its contents, what should you do? (explain) + (Y/N) 1. I would treat it as a hazardous package and contact a designated responder. OR I would not touch the package, leave the immediate area, and contact a designated responder. Y 2. I would treat it as a hazardous package and contact a designated responder. OR I would not touch the package, leave the immediate area, and contact a designated responder. Y 3. I would treat it as a hazardous package and contact a designated responder. OR I would not touch the package, leave the immediate area, and contact a designated responder. Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) 29. In an emergency evacuation, where do you assemble your employees and where is the emergency evacuation plan for your work location posted? (explain) (Y/N) 1. [LOCATION-SPECIFIC ANSWER] Y 2. [LOCATION-SPECIFIC ANSWER] Y 3. [LOCATION-SPECIFIC ANSWER] Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit Employee Names: REGION:_______________________ 1.______________________ DISTRICT:_____________________ 2.______________________ DATE:_________________________ 3.______________________ CENTER/SORT:__________________ SECTION VII: MANAGEMENT DESIGNATED RESPONDERS (12-HOUR TRAINED) Interview three (3) management who are designated responders (12-hour trained) using a separate interview form (duplicate as necessary) (Y/N) 30. Are you aware of the Corporate Settlement Agreement (CSA) with OSHA requiring UPS compliance with the UPS Emergency Response Plan? Y Y Y 31. How do you know how to respond to hazardous materials incidents? 1. I look at the decision tree OR the Damaged Package Response Procedure OR Based on a review of each situation and the decision tree guidelines, I would evacuate the immediate area and contact a designated responder. Y 2. I look at the decision tree OR the Damaged Package Response Procedure OR Based on a review of each situation and the decision tree guidelines, I would evacuate the immediate area and contact a designated responder. Y 3. I look at the decision tree OR the Damaged Package Response Procedure OR Based on a review of each situation and the decision tree guidelines, I would evacuate the immediate area and contact a designated responder. Y 32. Demonstrate on the decision tree how you would respond to the following situation: [HYPOTHETICAL TO BE DESIGNED BY INDEPENDENT AUDITOR] NOTE: Give responses double weight in audit scoring. 1. Y 2. Y 3. Y 33. How do you determine what PPE (including SCBA) is required? 1. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y 2. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y 3. I look at the MSDS OR the response sheets OR the Decision Tree OR the Damaged Package Response Procedure Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 34. How do you know when the fire department or designated outside contractor should be called to clean up a hazardous spill? 1. If the decision tree OR the response sheets OR the Damaged Package Response Procedure requires an outside contractor to be called, the contractor should be called by an authorized management person. Y 2. If the decision tree OR the response sheets OR the Damaged Package Response Procedure requires an outside contractor to be called, the contractor should be called by an authorized management person. Y 3. If the decision tree OR the response sheets OR the Damaged Package Response Procedure requires an outside contractor to be called, the contractor should be called by an authorized management person. Y 35. Where are the following items located: (If N/A move to #36) (Y/N/NA) Spill Cart(s) and Personal Protective Equipment (PPE) Y Y Y SCBA Y Y Y Decontamination Unit(s) Y Y Y _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ 36. What source document is used to determine who is authorized to evacuate the building? 1. The Chain of Command form (UPS Emergency Response Plan Section II). Y 2. The Chain of Command form (UPS Emergency Response Plan Section II). Y 3. The chain of Command form (UPS Emergency Response Plan Section II). Y 37. In an emergency evacuation, where do you assemble your employees and where is the emergency evacuation plan for your work location posted? 1. [LOCATION-SPECIFIC RESPONSE] Y 2. [LOCATION-SPECIFIC RESPONSE] Y 3. [LOCATION-SPECIFIC RESPONSE] Y ________/_________ # current/total # _____________, 1994 ___________________ Auditor Name (Print) CSA Audit REGION:_______________________ DISTRICT:_____________________ DATE:_________________________ CENTER/SORT:__________________ PART TWO: AUDIT OF HAZARDOUS MATERIALS INCIDENT RESPONSE REPORTS Obtain copies of all Hazardous Materials Incident Response Reports completed by this facility since 30 days after the date of the Supplemental Settlement Agreement. SECTION 1: COMPLETENESS OF FORMS 38. What is the total number of forms completely filled out, to the extent that information was available? #___ What is the total number of forms that were filled out? #___ SECTION II: APPROPRIATENESS OF RESPONSES 39. What is the total number of forms indicating a response to the described spill that was in accordance with the UPS Damaged Package Response Procedure? #___ What is the total number of forms that were filled out? #___ _____________, 1994 ___________________ Auditor Name (Print) UPS Corporate Settlement Agreement Facility Audit Summary Sheet PART ONE: AUDIT OF PROCEDURE IMPLEMENTATION Section I - Documentation #_________ #__________ Correct Audited Section II - Physical Inspection #__________ #__________ Correct Audited Section III - Non-Responding Inside Manual Hourly Employees (one hour trained) #__________ #__________ Correct Audited Section IV - Package Drivers (one hour trained) #__________ #_________ Correct Audited Section V - Inside manual hourly employees (12-hour trained) #__________ #_________ Correct Audited Section VI - Management Non-Responders (one-hour trained) #__________ #_________ Correct Audited Section VII - Management Designated Responders (12-hour trained) #__________ #_________ Correct Audited TOTAL - PART ONE #__________ #_________ __________ Correct Audited %Effective PART TWO: AUDIT OF HAZARDOUS MATERIALS INCIDENT RESPONSE REPORTS Section I - Completeness of Forms #__________ #_________ ___________ Complete Audited %Effective Section II - Appropriateness of Responses #__________ __________ Appropriate %Effective TOTAL - PART TWO #__________ #_________ ___________ Complete + 2 x Audited %Effective Appropriate TOTAL FACILITY SCORE (BASED 75% ON PART ONE, 25% PART TWO) ___________ %Effective
(For UPS Corporate Settlement Agreement Corporate-Wide Audit Summary
HAZARDOUS MATERIALS INCIDENT RESPONSE REPORT
The purpose of this report is to assess the adequacy of the procedures for responding to leaking packages. This form is to be completed following every response to a damage package containing hazardous materials or unknown substances by the designated responder who cleaned up the damaged package. Based upon your own knowledge, please be as thorough as possible in answering all applicable questions.
GENERAL INFORMATION 1. Facility name ___________________ 2. Location _____________ 3. Type of facility: [ ] Hub [ ] Center [ ] Air Ramp [ ] Other (specify)______________________ 4. Location of the damaged package within the facility when first discovered (e.g. belt, loading dock, etc.): _____________________________________________________________ 5. Date of spill event: _______ 6. Time of spill event:________ EMPLOYEE INFORMATION 7. Please identify the following individuals, if known: a. Who discovered the leaking package? __________________ b. Who identified the contents of the leaking package? [ ] Same as above [ ] Designated responder completing this form [ ] Other (specify) ______________ c. Who cleaned up the package or spill? [ ] Designated responder completing this form [ ] Other (specify) __________ 8. Are you aware of any other employees who touched the package or spilled material? [ ] Yes [ ] No If so, who? ____________________________________________________________ HAZARDOUS MATERIAL INFORMATION 9. Product name: ____________________________________________________________ 10. Chemical name: ____________________________________________________________ 11. DOT Hazard Class: ____________ 12. UN Number:_____________ 13. Approximate amount of substance spilled:____________________ 14. Was the package properly labeled (DOT diamond label or five-part form)? [ ] Yes [ ] No If not, were any of the following present? [ ] Odor [ ] Visible Gases [ ] Fumes [ ] Vapors [ ] Other physical indications of potential hazard (specify)______________________ 15. What do you believe caused the leak (e.g. improper packaging, dropped package, etc.)?_____________________________________ RESPONSE INFORMATION 16. Was access to the spill area restricted? [ ] Yes [ ] No 17. Was a full or partial evacuation ordered? [ ] Yes [ ] No 18. Was an outside responder called [ ] Yes [ ] No 19. What PPE did you use? [ ] Goggles [ ] Gloves [ ] Apron [ ] Boots [ ] SCBA [ ] None 20. Describe, to the extent you were involved, the response to the incident, including cleanup and disposal of the package, as applicable:_____________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ PERSONAL SAFETY INFORMATION 21. Are you aware of any employees who became injured or, ill, or exhibited symptoms such as nausea or irritation of the skin, nose, throat, or eyes, etc., before or during cleanup of the leaking package? Before? [ ] Yes [ ] No During? [ ] Yes [ ] No 22. Did any irritation or symptoms of illness begin or continue after you put on PPE? [ ] Yes [ ] No If yes, what symptoms did you experience? __________________ ____________________________________________________________ EVALUATION OF SPILL RESPONSE 23. Did the spill response follow the decision tree? [ ] Yes [ ] No If not, describe the reasons why the decision tree was not followed: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 24. What improvements, if any, do you suggest in the cleanup procedure? _________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Date form completed: ______________ Designated Responder name: ___________ Signature:_______________ Supervisor: _________________________ Signature:_______________ Supervisor's comments (including evaluation of spill response and recommended follow-up): _________________________________________________________________ _________________________________________________________________