SECTION 13

SECTION 13

CONTROL OF PROPERTY DAMAGE AND

OTHER LIABILITY CLAIMS

In a great many cases, the good planning and execution of methods used to minimize personal injury will also minimize the possibility of property damage and other liability claims. For example, good housekeeping reduces the chance of a fall and a clean jobsite is less likely to have an accidental fire. Good rigging minimizes the chance of objects being dropped. Dropped objects are damaged and cause injury. However, there are certain situations that require special attention and/or additional procedural controls.

· Contacts with utilities and owner/owner's representatives concerning location, relocation, de-energerization or modification (sleeves, flagging) of existing, above and below ground, utilities that will interfere with the construction of the project.

· Any unusual precautions or actions taken to prevent accidents (temporary enclosures/weatherproofing, safe-up procedures for weather).

· Contacts with manufacturers concerning repair work, field modification, start up and warranty on machinery and equipment.

· Receipt of damaged or misshipped materials, equipment and machinery.

· Any verbal instructions given to subcontractors, owner/owner's representatives or vendors concerning job safety.

1. Records To Be Maintained

Equipment and machinery technical manuals/bulletins, maintenance manuals, installation manuals and correspondence with manufacturers.

"Permits" issued for unusual work situations and written authorization for any deviation from "permit" procedures.

Revisions and changes to drawings.

2. Procedures For Use Of Equipment/Tools

Only authorized employees will operate heavy equipment (cranes, forklifts, etc.). The only non-employee authorized to operate our equipment, will be a service representative.

It is not normal procedure for SMC to make lifts for others or borrow/loan tools. If an immediate operational emergency requires deviation, the field superintendent will supervise/plan the lift and make certain that borrowed/loaned tools are operationally safe.

3. Off Site Vehicle Operation, Business Purposes

Any individual who operates a vehicle off-site to pick up or deliver material must have been authorized by SMC.

4. Certificates of Insurance

All subcontractors and vendors that could create a liability or worker’s compensation exposure will be required to give documentation of insurance coverage meeting job specifications, prior to commencement of work.

PERSONNEL INJURY AND/OR PROPERTY LOSS INCIDENTS

1. Purpose

The purpose of this section is to provide procedures for consistent processing of all personnel injury and/or property loss incidents.

2. Field Procedure for Employee Injury

Employee is injured.

Employee reports injury to his supervisor.

The superintendent/safety coordinator de t ermines if the injury is a first aid classification and shall be treated on or offsite.

If the injury is to be treated offsite, the injured employee shall be given the jobsite completed “Authorization for Medical Treatment” form for use at designated treatment facilities. The superintendent shall have another employee transport the injured employee to the treatment facility. In the event of a possible serious injury, the employee shall be transported by ambulance.

The superintendent shall investigate the accident and complete the accident investigation form.

The completed accident investigation form shall be faxed to the home office the day of occurrence. Several states require notification of accidents within 48 hours from day of injury; therefore, it is imperative to have timely reporting of all injuries.

The superintendent shall update the project’s OSHA 200 log on each accident. A copy of each project’s OSHA 200 log shall be forwarded to the home office the first of each month for verification and for use in updating the “composite” OSHA 200 log.

After medical treatment has been received, the injured employee shall report back to his/her superintendent with a doctor’s report on his/her condition.

When the treated employee is released to return to work, the employee must have a work release statement for the doctor. The doctor’s release statement must be received before the employee can return to duty. The exception to the above is a conditional release from the doctor for light duty.

The superintendent and/or safety coordinator shall maintain contact with the injured employee to determine injury status and needs and to keep a positive dialogue towards having the employee return to work on either a light duty or full duty basis. The home office worker’s compensation coordinator and/or safety coordinator shall contact the treating physician for injury status if required.

All medical statements and bills shall be sent to the worker’s compensation coordinator in the home office for processing.

If the injured employee requests to see a specialist, refer to the panel of treating physicians approved by our insurance carrier or contact the home office worker’s compensation coordinator.

If another contractor employs the injured employee and our actions caused the injury, an accident investigation form shall be completed and forwarded to the home office in the same manner as if it was our employee.

3. Home Office Procedures for Employee Injury

Upon receipt of an “Accident Investigation Form”, the worker’s compensation coordinator shall prepare a “First Report Of Alleged Occupational Injury or Illness” report to be issued to the designated area insurance agent via fax and the original to follow via mail. A copy of the transmittal letter and “First Report Of Injury” shall be filed in the employee’s claim file.

When notified of the employee’s injury, request a copy of the employee’s W-4 form and a 52 week wage statement from Accounting (Payroll) for inclusion into the employee’s claim file. The W-4 form is utilized to fill out the first report of injury and the 52 week wage statement is utilized in the event the employee is due worker’s compensation payments for lost wages due to the injury.

An employee claim file will be made for any injury. The file label shall indicate the employee’s name and location of injury, i.e. John Doe - Memphis, TN. The file shall contain all documentation relating to the claim.

The worker’s compensation coordinator shall forward all medical bills received to the designated area insurance agent. When medical bills are received, a copy of the medical statement shall be placed in the employee claim file Loss History”. The medical statements are totaled and the information is used to determine insurance claim totals for insurance projections between claims loss runs from the insurance carrier.

The worker’s compensation coordinator will follow up with the injured employee and the fields to insure the employee’s medical needs are met and the employee is returned to work as expediently as possible.

4. Field/Office Procedure for Property Loss or Non-Injury Incident

If a property loss accident or non-injury (near miss) incident occurs, a “Non-Injury Accident/Incident Report” is to be filled out and transmitted via fax and mailed to the home office the day of the occurrence.

Photographs of the property loss shall be taken as well as statements from witnesses and that information transmitted to the home office as soon as possible.

Property loss occurrences need to be handled in the same timely manner as injuries to expedite claims settlement and to insure that basic safety procedures are not being violated.

Non-Injury incidents are to be reported in the same manner. The superintendent shall be held responsible for reporting non-injury incidents as they are used to detail unsafe behavior or conditions that could lead to an injury or property loss. The superintendent will be held accountable at year-end in his/her performance review if incident reports have not been transmitted when such occasions have occurred.

The home office, upon receipt of the above subject information regarding property loss, shall fill out the appropriate state property loss form and transmit the subject information via fax and the original mailed to the designated claims agent.

The home office, upon receipt of a non-injury incident, shall review the information and compare it to past incident reports to determine if a patter of unsafe behaviors or conditions exist and take appropriate corrective actions if such behaviors or conditions exist. The above reports are to be filed per project until the project is completed and then placed into a general file by type of occurrence for future review and use.

ACCIDENT/INCIDENT INVESTIGATION

1. Purpose

Accident investigation is an integral part of accident prevention. The intent of an accident investigation is to gather the facts and circumstances surrounding the accident so it can be prevented from reoccurring, not to assign blame

2. Responsibility

In the event of an accident, the superintendent shall control the accident situation and investigate the cause(s) of the accident as outlined below.

3 Definitions

Accident - An unfortunate event resulting in property loss or damage and personal injury.

Accident Investigation - The gathering of factual information regarding the accident, which includes sketches, photographs, interviews, etc.

Incident - An unfortunate event resulting in property loss or damage without personally injury.

4. Post Accident Control

People are the first priority. Send for the proper medical help as required.

Secure the area and administer first aid. In securing the area, it may be necessary to shut off electrical power, block equipment or materials to prevent movement, provide emergency lighting, power air, etc. or provide P.P.E.

Post a guard to keep employees not associated with the accident or accident control away from the site.

Have someone direct the emergency crews to the site as required.

Have the witnesses report to the superintendent’s office so statements can be taken.

Notify the safety coordinator at the Memphis office.

In cases of serious accidents/incidents such as fire, shutting down plant operations or injuries requiring hospital stays, the superintendent shall notify one of the following individuals immediately after controlling the accident:

Cell No.

Bill Funderburk 901-553-9864

5. Evidence

Do not begin clean up operations until notes, sketches or photographs have been taken. Sketches or photographs should include the following:

1. Position of equipment and tools.

2. Tire tracks, footprints, and loose material on floor.

3. Any damaged property or equipment.

4. Any pertinent dimensions.

Other items, which may have to be collected, are equipment inspection/maintenance logs and equipment identification numbers.

All sketches and photographs shall have location and orientation note d on them and be signed and dated.

6. Investigation

Again, people are the first priority. Put the witness(s) at ease. Do not pressure or blame anyone for the accident as you are gathering information.

Interview each witness separately as soon as possible. This will avoid conflicting statements during the interview(s) and will be easier for you’re to control the interview.

Make it clear to the witness that you want only the facts so we can prevent this type of accident/incident from reoccurring.

Take notes during the interview or use a tape recorder for reference when filing out the accident report.

Ask open-ended questions. Do not ask questions that are answered “yes” or “no” or opinion type questions.

After the interview is complete, repeat the conversation back to the witness or replay the tape.

End the interview on a positive note.

7. Analysis

After gathering the evidence and interviewing witnesses, prepare the accident report. List all facts, which are in dispute and compare the facts with any physical evidence, photographs, sketches, etc. to establish a logical conclusion as to the cause of the accident.

8. Reporting

Upon completion of the investigation and analysis, the superintendent shall complete the appropriate report (see attached). Sketches, photographs and tape recording should accompany the report.

A copy of the report shall be filed in the employee’s file at the jobsite and the original forwarded to the Memphis office.

In addition to the accident report, the accident statistic check list shall be completed and accompany the accident report.

All reports shall be completed and sent to the Memphis office within 24 hours of the accident/incident.

STANDARD MAINTENANCE COMPANY, LLC

ACCIDENT REPORT

Project Name:_____________________________________ Job No.:____________________

Location (City, State):_______________________________ Date:_______________________

Date of Accident___________________________________ Time:______________AM / PM

M T W TH F S SUN

Name of Employee:_________________________________ Employee ID No.:_____________

Name of Supervisor________________________________ Scheduled Shift Hours__________

Nature of Injury:______________________________________________________________

Treating Medical Facility:________________________________________________________

Name, Address, Phone Number

Has employee returned to work?____________ Date:_______________________

Name of Witness(s) Witness ID No.

_______________________________________ ___________________________

Witnesses Statement:___________________________________________________________

___________________________________________________________________________

What was the employee actually doing when injured?___________________________________

___________________________________________________________________________

How did the accident or injury occur?______________________________________________

___________________________________________________________________________

What did the employee, or other employees, do that contributed to the accident?______________

___________________________________________________________________________

Underlying Cause:_____________________________________________________________

___________________________________________________________________________

Corrective Action:_____________________________________________________________

___________________________________________________________________________

Do conditions exist which would cause a similar accident? Y_______ N_______

Can they be eliminated? Y_______ N_______

Corrective Action By:______________________________Completion Date____________

Prepared By_________________________ Title__________________ Date____________

Reviewed By__________________________ Agrees Disagrees

STANDARD MAINTENANCE COMPANY, LLC

ACCIDENT STATISTIC CHECKLIST

Work During Which Injury Occurred:

a) Digging/Shoveling	g) Testing Pipe	m) Handling Material
b) Trench Excavation	h) Operating Tools	n) Rigging
c) Concrete Installation	i) Handling Pipe
d) Welding	j) Steel Erection
e) Grinding/Buffing	k) Operating Equipment
f) Torch Cutting	l) Loading/Unloading

Other______________________________________________________________________

Occupation of Injured Person:

a) Superintendent	e) Crane Operator	i) Laborer
b) Foreman	f) Carpenter	j) Electrician
c) Pipefitter	g) Millwright	k) Ironworker
d) Pipe Welder	h) Driver	l) Finisher

Other______________________________________________________________________

How was Employee Injured:

a) Fall	e) Striking Against
b) Pulling/Pushing	f) Stepping On
c) Struck by Object	g) Breathing Fumes
d) Slip/Trip	h) Moving/Lifting Object
i) Temperature Extreme
j) Electrical Contact
k) Caught In/On/Between

Other______________________________________________________________________

Type of Injury:

a) Abrasion (Scrape)	e) Burn
b) Amputation	f) Laceration (Cut)
c) Bruise	g) Discoloration/Break
d) Puncture	h) Foreign Body

i) Sprain/Strain
j) Breathing Problems
k) Flash Burns
l) Infection

Other______________________________________________________________________

Parts of Body Injured: (Be Specific)

a) Eyes	e) Back	i) Legs
b) Head/Neck	f) Hands	j) Toes
c) Body	g) Arm
d) Back	h) Fingers

Other______________________________________________________________________

Physical Causes:

Poor Housekeeping (misplaced material, etc.)

Defective Equipment (hand tools, ladders, etc.)

Lack of Proper Guards (Mechanical or Electrical)

Improper Apparel (glasses, shoes, loose clothing, etc.)

Poor working conditions (light, ventilation, etc.)

Other______________________________________________________________________

Personal Causes:

Dangerous Practices (undue haste, etc.)

Inability (inexperience, poor judgment, etc.)

Unfit (Weak, easily fatigued, easily excited, etc.)

Incomplete Knowledge of Job at Hand

Disobeying Work Rules

Other______________________________________________________________________

Employee History

How long had employee been performing task?____________________________________

How long has employee been on jobsite?_________________________________________

When was last time employee performed task?____________________________________

Age of employee?____________________________________________________________

Report Prepared By:___________________________ Title:_________________________

Report Reviewed By Employee: Agrees Disagrees

Signature______________________________________________ Date________________

STANDARD MAINTENANCE COMPANY, LLC

INCIDENT REPORT (NON-INJURY)

Project Name:____________________________________ Job No.:___________________

Location (City, State):_____________________________ Date of Incident:____________

Time:________________AM / PM M T W TH F S SUN

Name of Employee:_______________________________ Employee ID No.:___________

Type of Incident_____________________________________________________________

(Fire, Explosion, Storm, Collapse, Equipment/Material Damage)

Type of Work_______________________________________________________________

(Construction, Fabrication, Shutdown, Start-up, Demolition)

Material Involved __________________________________________________________

Equipment Involved ________________________________________________________

Damage ___________________________________________________________________

Cause________________________________________________________________________

______________________________________________________________________________

Corrective Action____________________________________________________________

___________________________________________________________________________

Damage Correction By_______________________________Completion Date_________

Corrective Action By_________________________________Completion Date_________

Prepared By________________________________________ Date___________________

Reviewed By________________________________________Date___________________

INCIDENT REPORT PREPARATION

1. Name of project (i.e. Kellogg’s - Blue Moon, Monsanto - Non Sequestrian)

2. Project number assigned to job.

3. City, State

4. Date of accident.

5. Time of accident (indicate am/pm)

6. Day of week.

7. What type of incident occurred (fire, collapse, explosion)

8. What was the job status (in shutdown, construction, etc.)

9. What type of material was involved (lumber, pipe, steel)

10. Equipment tag, chain falls pickup, forklift, etc.

11. What was damaged (walls, floors, equipment, etc.).

12. Briefly describe the incident.

13. What was the basic cause of the incident.

14. What will be done to ensure this type of incident does not happen again (i.e. rigging reinspected, retrain employees, replace defective equipment). Note: Bring up in safety meeting is good but does not fix the problem.

15. Who or what company will correct the damage and by what date.

16. Who will ensure the corrective action has been taken and is responsible for additional hazard elimination by what date.

17. Who completed the form and date.

18. Review by safety coordinator.

ACCIDENT REPORT PREPARATION

1. Name of project (i.e. Kellogg’s - Blue Moon, Monsanto - Non-Sequestrian)

2. Project number assigned to job.

3. City, State.

4. Date of report.

5. Date of accident.

6. Time of accident (indicate am/pm)

7. Day of week.

8. Injured employees name.

9. Employee’s number assigned by accounting.

10. Name of injured employee’s supervisor.

11. Hours of shift injured employee scheduled to work.

11. Type of injury and location (i.e. laceration palm of left hand)

12. Name, address and phone number of treatment facility.

13. Date given by the doctor. Also include if work is restricted and how long.

14. Employees or others who actually saw the accident.

15. Same as number 8.

16. This is the statement from the witness(s) as to what he/she saw.

17. The task that was being performed at the time of accident.

18. What took place or happened to cause the accident.

19. Did the injured employee, or another employee, do something (i.e. carelessness, removed P.P.E., horseplay, etc.)

20. I.e. violation of rules and what was done, did not understand, no training, lack of supervision, etc.

21. What will be done to ensure this type of accident won’t happen again (i.e. reinspect rigging, retrain employees, replace defective equipment). Note: Bring up at safety meeting is good but does not fix the problem.

22. Are similar conditions or jobs to be performed which will result in this same type of accident?

22. Can they be eliminated or done a different way? When can the hazard be eliminated?

24. Who will ensure the corrective action has been taken and is responsible for the hazard elimination and by what date.

25. Who prepared the form, their position and date?

26. Name of witnesses and check if they agree or disagree with the report.