HomeMy WebLinkAboutMINUTES - 02061996 - D7 �e
TO: BOARD OF SUPERVISORS Contra
PHIL BATCHELOR, COUNTY ADMINISTRATOR
FROM: WILLIAM B. WALKER, M.D., HEALTH SERVICES DIRECTOR s Costa
County
DATE:
February 1' 1996 - =
qsq.count �
SUBJECT: SAFETY AUDIT OF UNOCAL'S SAN FRANCISCO REFINERY AT RODEO
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. APPROVE the attached Scope of Work for the Safety Audit of the Unocal Refinery
which details the work that will be done by the contractor the County will hire.
2 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to sign the attached
contract between Unocal and the County of Contra Costa providing for the
conditions under which the Safety Audit of the Unocal Refinery will be conducted.
3. AUTHORIZE the Health Services Director to send out a Request for Proposals
(RFP) for contractors interested in conducting the Safety Audit and DIRECT the
Health Services Director to return to the Board with a recommendation for awarding
a contract with the firm which is believed to be the most competent to conduct the
Safety Audit.
BACKGROUND:
On July 11, 1995, in response to a series of incidents which had occurred at the Unocal
Refinery in 1994 and 1995, the Board of Supervisors directed that the staff undertake a
Safety Audit of the Unocal Refinery located in Rodeo.
It should be noted that substantial action had already been taken in response to these
incidents, including the fact that on April 7, 1995, Unocal entered into a Good Neighbor
Agreement with community groups in the Crockett/Rodeo area, which included an audit
CONTINUED ON ATTACHMENT: YES SIGNATURE: 14/4/r
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
l
SIGNATURE(S): 2i�_! vpv
ACTION OF BOARD ON February 6, 1996 APPROVED AS RECOMMENDED OTHER X
IT IS BY THE BOARD ORDERED that Recommendations Nos. 1 and 3 are
APPROVED as presented; and Recommendation No. 2 is APPROVED, as
amended, with reference to contract condition No. 18 to include
that the Zoning Administrator will observe the public hearing and
comment process and that this contract in no way abridges the 'right
to appeal or other process as determined by the County.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED February 6, 1996
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Supervisor Smith Supervisor Rogers SUPEAVISORS AND COUNTY ADM INISTRAT R
Health Services Director
County Counsel
General Manager, Unocal(Via CAO) B
p.7 .
by an outside contractor. This audit included a review of the Refinery's emergency
response plan, emergency notification procedures, safety management program, and the
results of process hazards analyses performed as part of the Process Safety Management
Program which is mandated by California's Occupational Safety and Health Administration.
This audit was completed in August, 1995 and a follow-up audit by the same contractor
was completed in January, 1996.
On September 12, 1995, the Board of Supervisors approved the general direction for the
conduct of the Safety Audit of the Unocal Refinery and directed that the staff return the
final Scope of Work to the Board for approval before releasing it in the form of an RFP to
potential contractors. Staff determined that it would be preferable to return to the Board
with the Scope of Work and the contract between Unocal and the County at one time so
both documents could be approved at the same time, particularly since the Scope of Work
is an attachment to the contract and needs to be viewed in the context of the entire
contract.
The first document that is attached is the Scope of Work which is the technical document
that outlines in considerable detail the twelve areas which will be covered by the Audit and
the technical benchmarks against which Unocal's performance will be compared. The bulk
of this document consists of 11 attachments which detail the content of the Audit. The
Scope of Work is an attachment to the contract discussed below. The first three pages
which are attached on top of the Scope of Work are the comments which were received
by County staff to the draft Scope of Work which was circulated to a variety of groups and
individuals in August, 1995 for public comment, along with the responses which were made
to each of the comments that was received. Each individual who made written comments
has received a detailed written response from staff. Staff from the Hazardous Materials
Section of the Health Services Department's Environmental Health Division are available
to respond to any questions Board members or others may have regarding the content of
the Scope of Work. This is Exhibit 1 to the contract.
The second document is the actual contract between Unocal and the County which, along
with the Scope of Work, details the comprehensive Safety Audit package. The contract
includes these major elements:
Unocal will pay for the Audit, based on the Scope of Work.
There will be two Project Managers during the Audit, one for Unocal and one for the
County. These Project Managers will be the sole points of contact between Unocal
and the County for the purposes of the Audit.
There will be an Audit Monitors Group consisting of seven members, two of whom
will be Supervisors Smith and Rogers. This Group will also include . a
representative from the Oil, Chemical and Atomic Workers Union and four
community representatives, selected by the Board of Supervisors. The four
community members must be residents of the immediate Rodeo, Tormey, Crockett
community and may not have commenced any legal action against Unocal, or be
the spouse of or be employed by anyone who has commenced legal action against
Unocal.
The Audit Monitors Group will participate in the selection of the contractor who will
actually conduct the Audit. In addition, the Audit Monitors Group may designate
one of its members (who may be rotated or changed as frequently as the Group
wishes) to be present at and directly observe all work performed by the contractor,
except for formal interviews of Unocal employees. This Designee is to report back
to the Audit Monitors Group as the Group dictates.
These restrictions are being included as a safety measure because of the fact that
the meetings of the Audit Monitors Group must be open, public meetings pursuant
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to the Ralph M. Brown Act and the County's Better Government Ordinance. It is
neither safe or practical to conduct a meeting on-site at the Refinery if that meeting
is open to the entire public.
The Contractor Selection Panel that will review the responses to the RFP and
recommend a contractor to the Board of Supervisors will include the members of the
Audit Monitors Group and the two Project Managers or their designees, State OES
and Cal-OSHA will be invited to participate in the Contractor Selection Panel.
The safety precautions which must be observed by anyone participating in the Audit
are identified.
The work which will be undertaken by the contractor is outlined in brief, and is more
fully detailed in the Scope of Work.
The conditions which will control interviews of Unocal employees in order to
maintain the confidentiality of their comments to the contractor are outlined.
The deliverables which will result from the Audit are defined, including auditing
protocols for each of the subjects defined in the Scope of Work, a final Audit Report
and the process by which the final Audit Report will be released.
The contract also anticipates a follow-up review and evaluation in approximately six
months to determine what actions Unocal has taken as a result of the Audit.
The contract also contains fairly standard contract provisions covering the cost of
the audit, invoices, changes in work, access to the Refinery site, indemnification
and insurance provisions.
The third document that is attached is an updated schedule of work for the Safety Audit,
showing the work which has been accomplished to date, the work that remains to be done
and when it is anticipated that each additional task will be undertaken and completed.
This is Exhibit 2 to the contract.
We should note that the Bay Area Air Quality Management District is not a party to the
contract, although their representatives have been consulted at each stage of the
development of the Scope of Work and contract. Likewise, it is important to note that the
contract recognizes that the Board of Supervisors has no jurisdiction over the prosecutorial
responsibilities of the District Attorney or the responsibility of the Health Services Director
to enforce State laws. In this way, those independent enforcement responsibilities are
clearly acknowledged.
We must emphasize that the contract and the Scope of Work in the form in which they are
now before the Board of Supervisors have been approved by Unocal and County staff
following consultation among the parties. Any changes which may be desired to either of
these documents will result in staff's having to meet again with Unocal representatives and
will further delay the start of the Audit.
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Facts about the
Unocal Audit and Oversight Committee
Who will be on the Oversight Committee?
• Four residents of Crockett, Tormey, and Rodeo who are not currently litigants against
Unocal;
• One representative of the Oil, Chemical and Atomic Workers International Union, chosen
by OCAW;
• Two members of the Board of Supervisors(from Districts I and II).
How can other people participate?
All Oversight Committee meetings are public meetings because they are covered by the State
Brown Act and the County Better Government Code. Under the law, meetings and agendas
must be announced 96 hours in advance, and agendas must include a public comment period.
The Committee determines its meeting schedule and agendas.
What will the Committee do?
Committee responsibilities include:
• Helping to select the auditor;
• Review of audit protocol;
• Oversight of the audit
o selection of a Committee member as monitor to accompany the auditor(may
rotate among Committee members) and report back to the full Committee (the
report back is a public meeting);
o meet with the auditor to discuss the auditor's final report(a public meeting).
What will the audit cover?
An audit is defined as "A systematic, independent review to verify conformance with
established guidelines or standards. It employs a well-defined review process to ensure
consistency, and to allow the auditor to reach defensible conclusions."
The audit will be conducted at the Unocal San Francisco Refinery and will cover the entire
facility. The audit will address operations, maintenance, engineering, and administration. It will
include the following specific elements:
1. review of the findings from the independent safety audit conducted at the Unocal
Refinery pursuant to the Unocal Good Neighbor Agreement which included an audit of
the Refinery's
a. emergency response plan,
b. emergency notification procedures,
c. safety management program, and
1
d. the results of process hazards analyses performed as part of the Process Safety
Management Program;
2. review of Unocal corrective action plans, and the status thereof,which resulted from
nonprivileged Unocal incident investigation records from 1992 to present
("nonprivileged"means all documents that are not covered by attorney-client privilege);
3. review/evaluation of selected written operating procedures for the process units;
4. review/evaluation of the Operator Training Program including applicable training on
operating procedures, emergency shutdowns, emergency response/notification
procedures, and certification of employees;
5. review/evaluation of contractor training program and standards for contractor
qualifications;
6. review of Unocal oversight of contract workers;
7. review of the quality assurance program for positive materials (equipment) identification
and confirmation of satisfied design standards;
8. review of the preventive and predictive maintenance program including the frequency of
inspections and standards for determination of acceptable testing/inspection results;
9. review/evaluation of the Unocal Management of Change program and implementation of
the program;
10. review/evaluation of a portion of Unocal's Loss Control Management policies and
procedures;
11. review of the status of the Unocal action items resulting from the Catacarb release
(corrective action plan); and
12. review of Unocal's corrective action plans addressing the Bay Area Air Quality
Management District findings and recommendations that have been provided to Unocal
regarding five incidents beginning in August 1994 (the Catacarb release)through the tank
fire of June 1995.
This fact sheet was prepared by the Contra Costa County Health Services Department.
For more information, call Randy Sawyer at(510)646-2286.
2/6/96
UNOCAL SAFETY AUDIT SCOPE OF WORK
COMMUNITY COMMENTS AND THE COUNTY'S ACTION
The County's staff prepared a Draft Scope of Work for a safety audit of the Unocal Refinery.
The Draft Scope of Work was issued for public comment in August 1995. Listed below are the
comments received and (in bold) the action that was taken by staff. Staff has responded in
writing to everyone who wrote comments on the draft.
COMMENTS INCORPORATED IN THE FINAL SCOPE OF WORK
• Examine all programs,ams• including pay for performance and other bonus programs and all systems
including loss control and emergency response systems- not just some of them.We have added
a section to the audit called General Promotions to review Unocal's bonus plans for safety
and loss control.
• Evaluate the effectiveness of procedures for all handling and transfers (including
disposal) of recoverable oils or waste products. We have changed the audit to specify
how operating procedures will be reviewed. The selection will be based on the
prioritization listing of the units that the refinery developed for Process Safety
Management regulations.
• Odor abatement compressors at the sulphur plant keep failing. Please review the incident
logs for the past few years. These compressors were put into service in the early 1940's.
Maybe they should be replaced? We have specifically listed that the odor abatement
compressors will be reviewed and audited.
• Include in the safety audit to close the loop of the audit such as the Good Neighbor
Agreement Audit. We have added the provisions fora follow-up by the auditor to
determine that Unocal has implemented an action plan to address the findings of the
audit.
COMMENTS ALREADY ADDRESSED BY THE AUDIT
• Look at operation at the entire refinery-not just part of it. The whole refinery will be reviewed.
• Analyze how all programs and systems work at every level in the plant itself, not just by
reviewing them on paper and by interviewing management staff in detail. Extensive site
inspections and line level and contract workers interviews should be included. The audit will
include inspections and interviews of the frontline employees, contract employers
and contract employees.
• Evaluate public notification procedures and decision-making in the event of release
through pressure relief valves. Public notification was part of the Good Neighbor
Audit, and the Leadership and Administration section of this audit will review
Unocal's public notification.
• Not only the findings of the Good Neighbor Audit, but the protocols,actual approach, and
thoroughness of that audit should be evaluated. The protocols and approach of the Good
Neighbor Audit were determined by Unocal and the community. We are not addressing
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those in this audit. The County's audit, however will review the findings of the Good
Neighbor Agreement's audit.
COMMENTS BEING ADDRESSED BY OTHER ACTION
The actions being taken by staff are expected in all cases to answer the concerns of the
commenters more quickly than would the audit.
• Review of Unocal's Risk Management and Prevention Plan to review acutely hazardous
materials(only 3!)due this year. This will be done by the County's staff in their RIVIPP
review. The findings of the audit will be incorporated in the County's RMPP review.
• The list of incidents on page one under background should also include the following two
incidents. We are following up with Unocal on these incidents and will get back with
the person making the comment.
• Evaluate the methods used by Unocal for testing employee exposure to toxic chemicals,
such as benzene, including blood vs. Urine tests, etc. We have asked Unocal to give us
information on their testing process. We have also followed up with Cal\OSHA, the
agency which determines the evaluation process for such testing. When we have a
response,we will get back to the individual making the comment.
• Determine the number of relief valves that vent to atmosphere and options for use of
recovery and containment systems to prevent release to the atmosphere and environment.
An audit requires that each item reviewed be measured against an established
regulation or standard. Since there is no regulation or standard to measure against
with regard to relief valves we are instead working with the Air District in
evaluating relief valves venting to the atmosphere.
• The County's audit process must better integrate community participation.
CBE, community groups, and the GNA audit committee should be given an
opportunity to comment on the audit protocol. An oversight committee,which
includes community participation,will be established by the Board of
Supervisors and will participate in developing the audit protocol.
CBE, Community groups, and the GNA audit committee should be included in
the periodic meetings with the County staff to discuss progress on the audit, or
separate provision should be made to ensure that they are kept updated. The GN
audit oversight committee is an appropriate group to involve in this manner,
though such committees should assume responsibility for reporting back to their
constituencies. The Board of Supervisors'has designated the oversight
committee for this task.
Community should be permitted to accompany the auditor in some key aspects of
the audit process. These include: site visits, tours, equipment inspections, onsite
technology evaluations as noted above, employee interviews,record and
document review, and review of preventive and predictive maintenance. The
oversight committee will be included in all parts of the audit.
The audit should evaluate and make recommendations for additional and
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improved community participation in the future and not rely on the GNA in which
Unocal shifts ongoing audit oversight to only the CAP, which exempts CBE,
SEA, and other key stakeholders. The Community Advisory Panel was
appointed by Supervisor Smith and was open to anyone who wanted to
participate.
• It is my hope that the County's audit will be able to identify the source(s) of CS2
emissions so that they can be brought to an end. We have not included this in the audit
since there is no standard or regulation for carbon disulfide emissions. We asked
Unocal to respond to this issue and they have done so. The people who made this
comment have been informed of Unocal's response. Further,we have asked the
State's Department of Health Services for more information concerning the toxicity
of carbon disulfide.
• Is dioxin released to the atmosphere during the generation phase of H2O treatment?We
are following up with Unocal on this issue.
• What happens to the sludge from the API Separator? Does it end up at the Coker? We
have asked Unocal for a response to this question. Additionally,we are following up
with the Regional Water Quality Control Board on the dioxin that may be in the
water.
• Unocal has complete files of MSDS's for purchased components as required. We
propose that they go one step further and generate MSDS's for resulting mixtures on-site.
Recall the absence of the mixture Catacarb MSDS was a big problem last year. We
asked Unocal to respond to this concern and have passed the response on to the
person making the comment.
• Eight hundred pounds of diethanol amine are added to the Catacarb unit every week. Just
recently we have determined that about 100 pounds is diverted to water treatment and
another 20 pounds removed by filter. What happens to the rest of it? We asked Unocal
to respond to this concern and have passed the response on to the person making the
comment. Unocal is investigating what happens to diethanol amine in the Catacarb
Unit and we will pass on the results of this investigation,when it is available.
• The Hayward fault has been characterized as the same type as the Kobe fault. What type
of damage occurred in chemical plants and refineries around Kobe? We have reviewed
a report that was published by the consulting firm EQE and have talked with EQE
on the Kobe earthquake. There were no petrochemical plants near Kobe. We have
offered this report for review to the person who made the comment.
• Use RMPP as a model for reviewing the safety of all other hazardous materials and their
handling at Unocal. This is being accomplished through Process Safety Management,
regulated by Cat\OSHA. Process Safety Management includes flammables,which would
include.most of the refinery not already regulated by the RMPP.
• The County's review should evaluate safety technologies and inherent safety
enhancement options (primary and secondary prevention strategies) for continuously
improving accident prevention at Unocal. Again there are no standards or regulations
for inherent safety. Inherent safety, however, is part of the RMPP review.
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Unocal, San Francisco Refinery
Safety Audit of the Rodeo Facility
Statement of Scope
Background
Past incidents that have occurred at the Unocal Refinery are of concern to the residents of the
Hercules, Rodeo, Tormey, and Crockett areas.
Incidents that have recently occurred are:
the Catacarb release that began on August 22, 1994 and continued through September 6, 1994
originating from the Unocal Regeneration Tower D409;
a hydrogen sulfide release on 9/15/94 caused by an unplanned shutdown of the odor
abatement compressors;
public nuisance at Hillcrest School due to odors on 3/28/95 caused by an open hatch on Tank
150 which contained sour oil and water;
odor complaints on 4/6/95 and 4/24/95 originating from Tank 294 which contained sour
water; and
a seal fire and subsequent odors on June 16, 1995 at Tank 288, containing sour naphtha and
sour water.
In response to these incidents, the Contra Costa County Board of Supervisors has directed the County
Counsel, County Health Services Department, County Administrator, Community Development
Department, and requested the Bay Area Air Quality Management District to develop a contract with
Unocal to define a scope for a thorough Safety Audit of the Rodeo facility.
Of additional interest is that on April 7, 1995 the Unocal, 76 Products Company entered into a Good
Neighbor Agreement with community groups in the Crockett/Rodeo area. A portion of the Good
Neighbor Agreement requires an independent audit (by a contractor) of the Refinery's emergency
response plan, emergency notification procedures, safety management program, and the results of
process hazards analyses performed as part of the Process Safety Management Program (mandated
by California's Occupational Safety and Health Administration).
Requirements
The Contra Costa County Board of Supervisors has directed that the Safety Audit of the Refinery will
include the following:
evaluation of actions to prevent future failures such as operational changes, policy changes,
increased or focused maintenance, new training and certification of employees, and other
appropriate actions;
assurance of methods for proper prioritization of action items and auditing to ensure
completion of action items; and
a provision for public input on audit scope issues.
Scope of Work
The audit wi!I be conducted at the Unocal San Francisco Refinery and will include the following
elements:
1. review of the findings from the independent safety audit conducted at the Unocal
Refinery pursuant to the Unocal Good Neighbor Agreement which included an audit
of the Refinery's
a. emergency response plan,
b. emergency notification procedures,
c. safety management program, and
d. the results of process hazards analyses performed as part of the Process Safety
Management Program;
2. Review of Unocal corrective action plans, and the status thereof, which resulted from
nonprivileged Unocal incident investigation records from 1992 to present;
3. review/evaluation of selected written operating procedures for the process units;
4. review/evaluation of the Operator Training Program including applicable training on
operating procedures, emergency shutdowns, emergency response/notification
procedures, and certification of employees;
5. review/evaluation of contractor training program and standards for contractor
qualifications;
6. review of Unocal oversight of contract workers;
7. review of the quality assurance program for positive materials (equipment)
identification and confirmation of satisfied design standards;
8. review of the preventive and predictive maintenance program including the frequency
of inspections and standards for determination of acceptable testing/inspection results;
9. review/evaluation of the Unocal Management of Change program and implementation
of the program;
10. review/evaluation of a portion of Unocal's Loss Control Management policies and
procedures;
11. review of the status of the Unocal action items resulting from the Catacarb release
(corrective action plan); and
12. review of Unocal's corrective action plans addressing the Bay Area Air Quality
Management District findings and recommendations that have been provided to
Unocal regarding the incidents listed above in Background.
1
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The audit will include a review and.evaluation of the applicable programs, policies, procedures, and
records with respect to the criteria delineated below.
1. Review of the findings from the independent safety audit conducted at the Unocal Refinery
pursuant to the Unocal Good Neighbor Agreement.
Review of the findings from the evaluation of the Refinery's Emergency Response Plan and
procedures manualfor determination of the level of compliance with the requirements of 8
CCR 5192(q). Review of the findings of the evaluation of the facility's past performance in
implementing the Emergency Response Plan and the effectiveness thereof.
Review of the evaluation of the effectiveness of the Refinery's Emergency Notification
Procedures.
Review of the evaluation of the Refinery's Injury and Illness Prevention Program for
determination of the program's level of compliance with the requirements of 8 CCR 3203.
The audit of the Injury Illness and Prevention Program will include safe and healthy work
practices, communication to employees regarding occupational health and safety and reporting
of hazards to the employer, procedures for identifying and evaluating work place hazards,
procedures to investigate occupational injuries or illnesses, and methods for correcting unsafe
working conditions.
Review of the evaluation of the Refinery's Process Hazards Analyses for determination of the
analyses level of compliance with the requirements of 8 CCR 5189(e).
2. Review/evaluate Unocal's Incident Investigation Program from nonprivileged Unocal incident
investigation records from 1992 to present.
The Refinery's Incident Investigation program will be reviewed using Cal/OSHA's "Guideline
for Process Safety Management Audit" prepared for 8 CCR 5189 (m) attached (Attachment
A). Nonprivileged incident reports of spills or releases from 1992 to present which resulted
in or had the potential for a spill or release of hazardous materials will be summarized to
determine possible patterns/trends in the Refinery operations. Those incident reports will also
be reviewed for determination of root cause analyses and completion of all identified action
items resulting from the incident investigation. The auditor is to pay particular attention to
the odor abatement compressors.
3. Review/evaluation of selected written operating procedures for the processes.
Selected Unocal written operating procedures will be reviewed and evaluated for adequacy
utilizing the "Guideline for Process Safety Management Audit" prepared for 8 CCR 5189 (f)
(Attachment B) by the CalJOSHA Consultation Service. A minimum of three operating
procedures for refining units will be reviewed. The units selected will be high on the priority
order list that the refinery developed for Process Safety Management, 8 CCR 5189 (e)
(Process Hazards Analysis).
4. Review/evaluation of the Operator Training Program including applicable training on operating
Page 3
procedures, emergency shutdowns, ,emergency response/notification procedures, and certification of
employees.
The Unocal Operator Training Program will be reviewed and evaluated for adequacy utilizing
the "Guideline for Process Safety Management Audit" prepared for 8 CCR 5189 (g)
(Attachment C) by the Cal/OSHA Consultation Service.
5. Review/evaluation of contractor training_program and standards for contractor qualifications.
The Unocal Contractor Training Program will be reviewed and evaluated for adequacy
utilizing the "Guideline for Process Safety Management Audit" prepared for 8 CCR 5189 (h)
(Attachment D) by the Cal/OSHA Consultation Service.
6. Review of Unocal oversight of contract workers.
The oversight by Unocal of contract workers will be reviewed utilizing the attached questions
(Attachment E).
7. Review of the quality assurance program for positive materials (equipment) identification and
confirmation of satisfied design standards.
The Unocal quality assurance program for positive materials identification and confirmation
of satisfied design standards will be reviewed for adequacy utilizing the "Guideline for
Process Safety Management Audit" prepared for 8 CCR 5189 0) (Attachment F) by the
Cal/OSHA Consultation Service.
8. Review of the preventive and predictive maintenance program including the frequency of
inspections and standards for determination of acceptable testing/inspection results.
The Unocal preventive maintenance program will be reviewed for adequacy utilizing the
"Guideline for Process Safety Management Audit" prepared for 8 CCR 5189 0) (Attachment
F) by the Cal/OSHA Consultation Service. The audit must include a review of the
maintenance and inspection records of the odor abatement compressors and flare system and
make recommendations as appropriate.
9. Review/evaluation of the Unocal Management of Change program and implementation.,o*f-the
program.
The Unocal's Management of Change program will be reviewed for adequacy utilizing the
"Guideline for Process Safety Management Audit" prepared for 8 CCR 5189 (1) (Attachment
G) by the Cal/OSHA Consultation Service.
At least three Management of Change documents that deal with process changes and have
been completed in the 2 years preceding the audit will be reviewed for completeness and
interface issues with the various Unocal departments.
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completed in the two ears preceding the audit will be reviewed for completeness and interface
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issues with the various Unocal departments.
10. Review/evaluation of a portion of Unocal's Loss Control Management policies and procedures.
Unocal Refinery's Loss Control Management programs,policies,and procedures for Leadership
and Administration, General Promotions,Personal Communication and Group Communication
will be reviewed and evaluated. Attached are the sub elements of these programs that are to be
reviewed and evaluated(Attachment H).
11. Review of the status of the Unocal action items resulting from Catacarb release (corrective action
lan .
The Unocal Catacarb Corrective Action Plan (Attachment I) will be reviewed and audited to
verify completeness/status of action items.
12. Review of Unocal's corrective action plans addressingthe he Bay Area Air Quality Management
District findings and recommendations that have been provided to Unocal.
The Bay Area Air Quality Management District and the Health Services Department will review
Unocal's corrective action plans and implementation schedules to address .findings and
recommendations of the Bay Area Air Quality Management District that have been provided to
Unocal regarding the Catacarb Incident"
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Attachment A
Review of Incident Investigations
Page A-1
5189 (m) : ' INCIDENT INVESTIGATIONS
I. PROGRAM SUMMARY
The employer is required to investigate each incident which resulted in, or
could reasonably have resulted in a catastrophic release of highly
hazardous chemical in the .workplace. An investigation shall be initiated
no later than 48 hours following the incident. An investigation team shall
be established and a report prepared which includes: 1) Date of incident 2)
Date investigation began 3) Description of incident 4) Factors that
contributed to the incident 5) Recommendations from the investigation. The
employer is required to establish a system to promptly address the incident
report findings and recommendations, documenting all resolutions and
corrective actions. Incident reports shall be reviewed with all affected
personnel whose job tasks are relevant to the investigation and retained
for five years.
II . QUALITY CRITERIA REFERENCES
A. 5189 m) : Incident Investigations
III. VERIFICATION OF PROGRAM ELEMENTS Criteria Hec
Reference YIN
A. Records Review
1. Has each incident been investigated which resulted in, 5189 (m)
or could reasonably have resulted in a catastrophic release (1)
of highly hazardous chemicals in the workplace?
2. Have incident investigations been initiated as promptly 5189 (m)
as possible, but not later than 48 hours following the (2)
incident?
D.
5189 (m) : INCIDENT INVESTIGATIONS
B. On-site Conditions
1. Do observations of a representative sample of process 5189 W
components involved in incident investigations indicate that (6)
recommendations have been resolved?
(Compare the corrective actions outlined in the !
investigation documentation with the actual equipment,
procedures, material use, etc.)
C. Interviews
1. Based on interviews with a representative number of 5189 W
operators, maintenance employees and contractor employees, (1)
have all incidents that resulted in or could reasonably have
resulted in a catastrophic release of highly hazardous
chemicals in the workplace, been investigated?
D.7
5189 (m) : INCIDENT INVESTIGATIONS
6. Have resolutions and corrective actions from the 5189 (m)
incident investigation reports been documented? (6)
7. Have incident investigation reports been reviewed with 5189)m)
all affected personnel whose job tasks are relevant to the (5)
incident findings including contract employees, where
applicable?
8. Are incident investigation reports retained for five 5189(m)
years? (7)
5189 (m) : INCIDENT INVESTIGATIONS.
3 . Have incident investigation teams been established? Do 5189 (m)
the teams contain at least one person knowledgeable in the (3)
process involved in the incident, and other members with
appropriate knowledge and experience to thoroughly
investigate and analyze the incident? Has a contractor
employee been included in the team if the incident involved
work of the contractor?
4. Have incident investigation reports been prepared at the 5189(m)
conclusion of the investigation which include at minimum: (4)
• Date of the incident? (A)
• Date the inspection began? (B)
• A description of the incident? (C)
• The factors that contributed to the incident? (D)
• Any recommendations resulting from the (E)
investigation?
5. Has a system been established to promptly address and 5189 (m)
resolve the incident investigation report findings and (6)
recommendations?
Attachment B
Review of Written Operating Procedures
Page B-1
D.-7
5189 (f) OPERATING PROCEDURES
I. PROGRAM SUMMARY
The intent of this paragraph is to provide clear instruction for conducting
activities involved in covered processes that are consistent with the
prccess safety information. The operating procedures must address steps
for each operating phase, operating limits, safety and health
considerations, and safety systems and their functions.
II. QUALITY CRITERIA REFERENCES
A. 5189 (f) D. 5155
B. 5192 E. 5194
C_ 3314
III. VERIFICATION OF PROGRAM ELEMENTS Criteria Net
Reference WN
A. Records Review
1. Do written operating procedures exist for each covered 5189 (f)
process? Do the procedures provide clear instructions for (1)
conducting activities safely?
2. Do the operating instructions address, as a minimum, 5189 (f) "
steps for each operating phase, including: (1) (A)
• Initial start-up? (1)
• Normal operations? (2)
• Temporary operations?. (3)
• Emergency shutdowns? (4)
• Conditions requ}ring emergency shutdown?
• Assignment of shutdown- responsibility to
qualified operators?
• Emergency operations?
• Normal shutdown? (5)
• Start-ups following a turnaround or emergency {6)
shutdown?
ale t3-2
5189 (f) ; OPERATING PROCEDURES
3 . Do the operating procedures include operating limits 5189 (f)
that outline consequences of process deviation and steps (1) (B)
required to correct or avoid deviations? 1,2,3
4. Have safety and health considerations been included in 5189 (f)
the operating procedures? Do they include at a minimum: (1) (C)
• Properties of, and hazards presented by, chemicals (1)
used in the process?
a Precautions necessary to prevent exposure, including (2)
engineering controls, administrative controls, and
personal protective equipment?
• Control measures to be taken if physical contact or (3)
airborne exposure occurs?
Quality control for raw materials and control of (4)
hazardous chemical inventory levels?
Any special or unique hazards? (6)
S. Are safety systems and their functions included in the 5189 (f)
operating procedures? (2)
6. Are the operating instructions consistent with the 5189 (f)
process safety information? (2)
Page B
5189 ( f) :' OPERATING PROCEDURES
7. Are operating procedures readily accessible to employees 5189(f)
who work in or maintain a process? (2)
8 . Are operating procedures reviewed as often as necessary 5189 (f)
to assure that they reflect current operating practice? Are (3)
they certified annually by the employer that they are
current and accurate? Do they reflect current operating
practice that have resulted from changes in:
• Process chemicals?
• Technology?
• Equipment?
• Facilities?
9. Have safe work practices been developed and implemented 5189(f)
for employees and contractors to control hazards during
operations such as:
• Lockout/tagout?
• Confined space entry?
• Opening process equipment or piping?
• Control over entrance into a facility by
maintenance, contractor, laboratory or- other support
personnel?
B. On-site Conditions 5189(f)
(2)
1: Does observation of a representative sample of processes
indicate that the written operating procedures are being
implemented?
Paae B-�
5189 M :' OPERATING PROCEDURES
2. Does observation of a representative sample of processes 5189(f)
indicate that the written operating procedures are readily (2)
accessible to employees who work or maintain a process?
3 . Does observation of a representative sample of processes 5189 (f)
indicate that operating procedures reflect current practice, (3)
including changes that result from process chemicals,
technology, equipment, and facilities?
(observe to see if actual procedures match the written
operating procedures. )
4. Does observation of representative operations indicate 5189
that safe work practices have been implemented for company (4)
and contractor employees? Do such work practices include,
where appropriate:
• Lockout/tagout?
• Confined space entry?
• opening process equipment or piping?
• Control over entrance into a facility by
maintenance, contractor, laboratory, and other support
personnel?
Page B-5
5189 ( f) : ' OPERATING PROCEDURES
C. Interviews
1. Based on interviews with a representative number of 5189 (f)
operators, are the written operating procedures implemented (1)
for each covered process?
2 . Based on interviews with a representative number of 5189 (f)
operators, do operating procedures provide clear (1)
instructions for safely conducting activities?
(Specifically ask for conditions requiring emergency
shutdown, the operating limits of a particular process or
item of equipment, what might occur if a deviation from
those limits should take place, steps to avoid the
deviation, and precautions necessary to prevent exposure to
hazardous chemicals. )
3. Based on interviews with a representative number of 5189 (f)
employees who work in or maintain a process, are the (2)
operating procedures readily accessible?
4. Based on interviews with a representative, number of 5189 (f)
operators and maintenance employees, do the operating (3)
procedures reflect current operating practice?
Page B-6
D7
Attachment C
Review of Operator Training Program
Page C-1
5189 (g) : TRAINING
I. PROGRAM SUMMARY
The intent of this section helps employees understand the nature and
causes of problems arising from process operations, and increases
employee awareness with respect to the hazards particular to a prccess.
An effective training program significantly reduces the number and
severity of incidents arising from process operations, and can be
instrumental in preventing small problems from leading to a catastrophic
release. Minimum requirements for an effective training program
include: Initial Training, Refresher Training, and Certification
records.
II. QUALITY CRITERIA REFERENCES
A. 5189 (8) : Training
B. 5189 (f) (1) : Operating procedures
III . VERIFICATION OF PROGRAM ELEMENTS Criteria "eC
Aelerencn Y/N
A. Records Review 5189(g)
(1)
1. For employees involved in operating a process do
initial and refresher training records exist? Do the
records contain the identity of the employee, the date
of the training, and the means used to verify that the
employee understood the training?
2. Has the employer consulted with employees involved
-in operating the process to determine the appropriate
frequency for refresher training? Is the frequency at 5189 (g)
least once every 3 years? (2)
Page C-2
5189' (g) : TRAINING
` 3 . Is there written certification that they have the 5189 (g)
required knowledge, skills and abilities to safely carry (3)
out the duties and responsibilities specified in the
operating procedures?
(Review the documents to make sure the certification has
not be invalidated by a change in duties. )
4. Has each employee involved in operating a process 5189 (8)
been trained in an overview of the process and the
operating procedures including:
• Steps for each operating phase?
Initial startup, normal operations,
temporary operations, emergency
shutdown, emergency operations, normal
shutdown, and startup following a
turnaround or emergency shutdown
• Operating limits?
Consequences of deviations and steps
required to avoid deviations
• Safety and health considerations? -
Properties.and-hazards of chemicals used
and precautions for preventing exposure-
• Safety systems .and their functions?
H. On-site Conditions
Verification is not required.
Page C-3
5189 (9) : TRAINING
C. Interviews
1. Based on interviews with a representative number of 5189 (8)
employees, has their training emphasized specific safety
and health hazards, emergency operations including
shutdown, and safe work practices applicable to their
tasks?
2. Based on interviews with employees named as having 5189(g)
provided consultation, has the employer consulted with (2)
employees involved in operating the process to determine
the appropriate frequency of refresher training?
Page C-4
Attachment D
Review of Contractor Training Program
Page D-1
t .
5189 (h) CONTRACTORS
I. PROGRAM SUMMARY
The intent of this section is to require employers who use contractors to
perform work in and around processes that involve highly hazardous chemicals
to establish a screening process sa that they hire and use contractors who
accomplish the desired job tasks without compromising the safety and health
of employees at a facility. The contractor must assure that contract
employees are trained on performing the job safely, of the hazards related
to the job, and applicable provisions of the emergency action plan.
II. QUALITY CRITERIA REFERENCES
A. 5189 (h) Contractors
B. 5189 (f) (4) Operating Procedures
C. 5189(n) Emergency Planning
III. VERIFICATION OF PROGRAM ELEMENTS Criteria Net
Reference Y/24
A. Records Review - Employer' s Program 51 )9
1. Does the program include all contractors performing (1)
maintenance or repair, turnaround, major renovation or
specialty work on or adjacent to covered processes?
(Contractors performing incidental services which do not
influence process safety such as janitorial work, food and
drink services, laundry, delivery, and other supply services
need not be included. )
2. Is the information regarding the contractor's safety 5189 (h)
performance and programs obtained and evaluated for selection (5)
of contractors?
Page D-2
5189 (h) CONTRACTORS D:7
3 . Are the contract employers informed of the known 5189(h)
potential fire, explosion, or toxic release hazards related (1)
to the contractor's work and the processes?
4. Are contract employers informed of the applicable 5189 (h)
provisions of the emergency action plan required by 5189(n) ? (2)
5. Have safe work-- practices to control the entrance, 5189(h)
presence and exit of contract • employers and contract (1)
employees in covered process areas been developed and
implemented?
P
Page D-3
518 9 (h) CONTRACTORS
6. Are contract employers evaluated for their performance in S189 (h)
fulfilling their obligations to: (6)
• Assure their employees are trained in safe work
practices needed to perform the job?
• Assure their employees are instructed in the known
potential fire, explosion, or toxic release hazards
related to the job and the applicable provisions of
the emergency action plan?
• Document the required training and the means to
verify their employees have understood the training?
• Assure their employees follow the facility safety
rules and work practices?
• Advise the employer of unique hazards presented by
the contractor's work?
7. Does the employer maintain a contract employee injury and 5189 (h)
illness log related to the contractor's work in process (7)
areas?
Records Review - Contractor' s Programs 5189(h)
(3)
8. Are all contractor employees trained in the work
practices necessary to perform their jobs safely?
Page D-4
5189 (h) CONTRACTORS
9. Is each contract employee instructed in the known 5189 (h)
potential fire, explosion, or toxic release hazards related (1)
to his/her job and the processes and applicable provisions of
the emergency action plan?
10. Is there documentation that each contract employee has 5189 (h)
received and understands the required training? (4)
11. Do the contract employee training records contain the 5189 (h)
following: (4)
0 The identity of the employee?
• The -date of the training?
• The means used to verify that the training was
understood?
Page D-5
5
5189 (h) CONTRACTORS
12. Are there means to assure that contract employee follow 5189 (h)
the safety rules of the facility, including safe work (3)
practices required in 5189 (f) (4) ?
(Review evidence of enforcement by the contractor. )
13 . is the employer advised of any unique hazards presented 5189(h)
by the contract employer's work or any hazards found by the (3)
contract employer's work?
B. On-site Conditions 5189(h)
(2)
1. Based on a representative sample of observations of
coritractor employees, has the employer's program to control
their. entrance, presence, and exit been implemented?
Page D-6
5189 (h) CONTRACTORS
_ 2. Based on a representative sample of observations of 5189 (h)
contractor employees, do they follow the safety rules of the (3)
facility?
(These rules include the employer's safe work practices such
as lockout/tagout, confined space entry, and opening process
equipment or piping; they may also include other rules such
as excavation procedures or use of PPE.)
C. Interviews 5189(h)
(1)
1. Based on interviews with contractor employers, have they
been informed of the known fire, explosion, or toxic release
hazards related to their work and the processes in which they
are involved?
2. Based on interviews with contractor employers, have they 5189(h)
been informed of the applicable provisions of the employer's (2)
emergency action plan?
Page D-7
5189 (h) CONTRACTORS
3. Based on interviews with contractor employers and 5189 (h)
employees, have work practices to control their entrance, (1)
presence, and exit of covered process areas been implemented?
4. Based on interviews with the contractor employer, has the 5189 (6)
employer evaluated the contractor's performance in fulfilling
the obligations required in 5189 (h) (3) ?
5. Based on interviews with a representative number of 5189(h)
contractor employees, are they being instructed in the known (4)
potential fire, explosion, or toxic -release hazards related
to their work and the processes in which they are involved?
Page D-8
5189 (h) CONTRACTORS
6 . Based on interviews with a representative number of 5189(h)
contractor employees, have they been instructed in the (2)
applicable provisions of the emergency action plan?
(Ask them to explain the plan and evacuation procedures. )
7. Based on interviews with a representative number of 5189(h)
contractor employees, has the contract employer assured that (3)
they follow the safety rules of the facility?
(Ask how safe work practices, entry restrictions for the
facility, and use of required PPE are enforced. )
Page D-9
D-7
Attachment E
Review of Oversight of Contractors
Page E-1
Review of Oversight of Contractors:
Question Response
1. On what frequency are the activities
of contractors monitored?
2. Who monitors the contractor's
activities?
3. How does the facility assure that
contractor's employees follow the
specified job specific procedures?
Page E-2
t 1
Attachment F
Review of Quality Assurance Program
and
Review of Preventive and Predictive Maintenance Program
Page F-1
5189 (j ) : , MECHANICAL INTEGRITY D
I . PROGRAM SUMMARY
The intent of this section is to assure that equipment used to process,
store, or handle highly hazardous chemical is designed, constructed,
installed, and maintained to minimize the risk of releases of such
chemicals. This requires that a mechanical integrity program be in place
to assure the continued integrity of process equipment. The elements of
a mechanical integrity program include the identification and
categorization of equipment and instrumentation, development of written
maintenance procedures, training for process maintenance activities,
inspection and testing, correction of deficiencies in equipment that are
outside acceptable limits defined by the process safety information, and
development of a quality assurance program.
II. QUALITY CRITERIA REFERENCES
A. 5189 (j) : Mechanical Integrity
III. VERIFICATION OF PROGRAM ELEMENTS Criteria Net
Reference YIN
A. Records Review
1. Does the written mechanical integrity program include?
5189(j)
• Pressure vessels and storage tanks (1) (A)
• Piping systems and components such as valves
• Relief and vent systems and devices
• Emergency shutdown systems
• Controls (including monitoring devices and
sensors, alarms and interlocks)
• Pumps & compressors
• Heat exchangers
2. Are there written procedures to maintain the on-going 5189 (j)
integrity of process equipment? Does the documentation (1) (A)
indicate the procedures have been implemented?
Page F-2
5189 (j ) : MECHANICAL INTEGRITY
3. Has .training been provided to each employee involved 5189(g)
in maintaining the on-going integrity of process equipment (3)
in the following:
An overview of the process and its hazards?
• Procedures applicable to the employee's job
tasks to assure that the employee can perform the
Joh tasks in a safe manner?
(Review certification documents for employees doing non-
destructive tests, welding on pressure vessels, etc. ,
where these certifications are required. )
4. Are inspections and tests performed on each item of 5189 (j)
process equipment included in the program? (2) (A)
S. Do inspection and testing procedures follow good 5189(j)
engineering practices? (2) (B)
Page F-3
5189 ( 'J ) : MECHANICAL INTEGRITY
6. Are inspection and test frequencies consistent with 5189(j)
the manufacturer's recommendation and good engineering (2) (C)
practice? Are inspections and tests performed more
frequently if determined necessary by operating history?
7. Is there documentation of each inspection and test 5189 (2)
that has been performed including all of the following: (D)
• Date of the inspection or test?
• Name of person performing the procedure?
• Serial number or other identifier of equipment
on which procedure was performed?
• Description of inspection or test performed?
• Results of inspection or test?
8. Are deficiencies in equipment that are outside limits 5189(j)
(as defined in process safety information) corrected (3)
before further use or in a safe and timely manner when
necessary means are taken to assure safe operation?
Page F-4
D-7
5189 (j ) : MECHANICAL INTEGRITY
9. In the construction of new plants and equipment, does 5189 (j)
the employer assure that equipment as it is fabricated is (4) (A)
suitable for the process for which it will be used?
10. Have appropriate checks and inspections been made to 5189(j)
assure equipment is installed properly and consistent with (4) (B)
design specifications and manufacturer's instructions?
(Include contractor supplied equipment. )
11. Does the employer assure that maintenance materials, 5189(j)
spare parts, and equipment are suitable for the process (4) (c)
application for which they are used?
(Include contractor, supplied equipment.)
Page F-5
5189 ( '7 ) : -MECHANICAL INTEGRITY D
B. On-site Conditions
1. Do observations of a representative sample of process slag (j).
equipment indicate deficiencies outside acceptable limits? (3)
(Compare process safety information criteria with the
conditions of the equipment found in the process.)
2. If new plants or equipment are being constructed, do 5189 (j)
observations indicate that the equipment as it is (4) (B)
fabricated is suitable for the process application?
3. Do observations of a representative sample of 5189(j)
maintenance materials; spare'parts, and equipment indicate (4) (c) •
that they are suitable for the process application for
which they will be used?
Page F-6
5189 (j ) : ' MECHANICAL INTEGRITY
C. Interviews
5189 (j)
Engineers (if any; or other qualified persons capable of (1) (A)
providing the information requested;
1. Based on interviews with a representative number of
engineers, have procedures to maintain the on-going
integrity of the process equipment been implemented for:
• Pressure vessels and storage tanks?
• Piping systems and components such as valves?
• Relief and vent systems and devices?
• Emergency shutdown systems?
• Controls (including monitoring devices and
sensors, alarms and interlocks) ?
• Pumps?
(Ask about the possibility of safety critical equipment
being inadvertently rendered inoperative. For example, a
relief device might be isolated by closing an upstream
valve. )
2. Based on. interviews with a representative number of 5189 (j)
engineers, do the inspection and testing procedures follow (4) (B)
recognized and generally accepted good engineering &
practice? Has prior operating experience indicated a need (2) (C)
for a more. fx-equent test and inspection schedule than- has
been implemented?
Page F-7
5189 (j ) : •MECHANICAL INTEGRITY
3 . Based on interviews with a representative number of 5189(j)
engineers, are equipment deficiencies corrected before use (3)
when they are outside the acceptable limits? If not, are
the deficiencies corrected in a timely manner and are
necessary means taken to assure safe operation?
4. Based on interviews with a representative number of
engineers, has the employer assured that, for new plants 5189(j)
and equipment, the equipment as it is fabricated is (4) (B)
suitable for the process application? Are appropriate & (C)
checks and inspections made to assure equipment is
installed properly and consistent with design
specifications and manufacturer's instructions? Are
maintenance materials, spare parts, and equipment suitable
for the process application for which they will be used?
(Ask about contractor supplied items. )
Maintenance:
5. Based on interviews with a representative number of 5189.(j)
maintenance employees, have the written procedures for (i) (A)
maintaining the on-going integrity of process equipment
been implemented?
Page F-8
5189 (j ) : MECHANICAL INTEGRITY
6. Based on interviews with a representative number of 5189 (g)
employees involved in maintaining the on-going integrity (3)
of the process, have they been trained to assure they can
perform their tasks in a safe manner? Did the training
include an overview of the process, its Hazards, and
procedures applicable to the job?
(Determine if certification, specialized training, or
unique qualifications are required. )
7. Based on interviews with a representative number of 5189 (j)
maintenance employees, do test and inspection procedures (2) (C)
follow recognized and generally accepted good engineering
practices? Is the frequency of inspections and tests
consistent with applicable manufacturer's recommendations
and good engineering practices? Are more frequent
inspections and tests necessary due as indicated by prior
operating experience?
Page F-9
5189 (j ) : 'MECHANICAL INTEGRITY
8. Based on interviews with a representative number of 5189 (j)
maintenance employees, are equipment deficiencies that are (3)
outside acceptable limits corrected before further use?
If not, are corrections made in a timely manner and are
necessary means taken to assure operation?
9. Based on interviews with a representative number of 5189(j)
maintenance employees, are maintenance materials, spare (4) (B)
parts and equipment suitable for the process application & (C)
for which they are intended?
(Ask about availability and use of substitutes.)
Page F-10
Attachment G
Review of Management of Change
Page 6-1
9 HANGE
518 �1) 'MANAGEMENT OF C
I . PROGRAM SUMMARY
The intent of this section is to require management of all modifications
to equipment, procedures, raw materials and processing conditions other
than "replacement in kind" by .identifying and reviewing them prior to
implementation of the change. Minimum requirements for management of
change include: establishing written procedures to manage change;
addressing the technical basis, impact on safety and health, modification
to operating procedures, necessary time period, and authorizations
required; informing and training employees affected; and updating process
safety information and operating procedures or practices.
II . QUALITY CRITERIA REFERENCES
A. 5189 (1) : Management of Change
III . VERIFICATION OF PROGRAM ELEMENTS criteria
Reference YIN
A. Records Review 5189 (l)
(1)
1. Are there written procedures for managing changes
(except for "replacements in kind") to process. chemicals,
technology, equipment, and procedures and changes to
facilities that affect a covered process?
(Review procedures that address responsibilities, steps for
assessing risks and approving changes, requirements for
reviewing designs for temporary and permanent changes,
steps needed to verify that modifications have been made as
designed, variance procedures, time limit authorizations
for temporary changes, and steps required to return the
process to status quo after temporary changes. )
2. Do the procedures assure that the technical basis for 5189(1)
the proposed change is addressed prior to any change? (2) (A)
5189(1)
(2) (A)
Page G-2
5189 (1) : 'MANAGEMENT OF CHANGE
3. Do the procedures assure that the impact of the change 5189(1)
on safety and health is addressed prior to any change? (2) (B)
4. Do the procedures assure that modifications to 5189 (1)
operating procedures is addressed prior to any change? (2)
(C)
5. Do the procedures assure that the necessary time period 5189 (1)
for the change is addressed prior to any change? (2) (D)
Page G-3
• D�7
5189 (1) : MANAGEMENT OF CHANGE
6. Do the procedures assure that the authorization 5189 (1)
requirements for the proposed change are addressed prior to (2) (E)
any change?
7. Are employees involved in operating a process, and
maintenance and contract employees whose job tasks will be 5189(1)
affected by change informed of, and trained in, the change (3)
prior to start-up of process or affected part of process?
8- Is the.process safety information required by paragraph
(d) updated if changed? 5189(1)
(4)
Page G-4
5189 (1) : . MANAGEMENT OF CHANGE
9. Are the operating procedures or practices required by 5189 (1)
paragraph (f) updated if changed? (5)
B. On-site Conditions 5189(1)
(1)
1. Do observations of new or recently modified process
chemicals, technology, equipment, or procedures (except
"replacement in kind") indicate that the Management of
Change procedures have been implemented?
(Determine if records are available to support the
procedures for new or revised processes found in the
facility. )
Page G-5
5189 (1) : ' MANAGEMENT OF CHANGE
C. Interviews
Operators, Maintenance, and contractor Employees:
1. Based on interviews with operators, maintenance 5189 (1)
employees and contractor employees, are procedures �1)
implemented to manage changes to existing process
chemicals, technology, equipment, facilities, and
procedures?
2. Based on interviews with operators, maintenance 5189 (1)
employees and contractor employees, is training in process (3)
changes provided to employees whose job tasks will be
affected by the changes prior to start-up?
Page G-6
D•7
Attachment H
Review and Evaluation of Loss Control Management
Page H-1
Loss Control Management
Review the policies, programs, and procedures and evaluate their implementation
for the elements listed below for the Unocal San Francisco Refinery.
Leadership and General Personal Group
Administration Promotion Communications Communications
General Policy Loss Control Training in Group Loss
Bulletin Boards Personal Control Meetings
Communication
Techniques
Safety and Use of Incident Job Orientation/ Record-Keeping
Health/Loss Statistics Induction
Control
Coordinator
Senior and Critical Topic Task Instruction Management
Middle Promotion Involvement
Management
Participation
Established Loss Individual Planned Personal
Control Awards and Contacts
Performance Recognition
Standards
Participation in Loss Control
Loss Control Information
Activities Publications
Management Group Awards
Meetings and Recognition
Loss Control Housekeeping
Reference Promotion ,
Manual System
Internale Audits External
Conducted Promotions
Individual Records of
Responsibility Promotion
for Loss Control Activities
Page H-2
P.T
Leadership and General Personal Group
Administration Promotion Communications Communications
Establishment of
Annual Loss
Control
Objectives
Joint Safety,
Health, and
Environmental
Committees
and/or Safety
and Health
Representatives
Refusal to Work
Due to Loss
Control Hazards
Reference
Library
Document
Control
Regulations,
Codes, and
Standards
External
Communications
Page H-3
Attachment I
Unocal Catacarb Corrective Action Plan
Page I-1
CORRECTIVE ACTION PLAN
SUMMARY
1. Auditing
A. Independent Auditor to review Unocal's notification procedures, emergency
response plan and safety management program
B. Audit notification procedures to emergency response staff, employees,
agencies, and community
2. Training
A. "Lessons learned" Training Incorporate details of Catacarb incident in annual
OSHA training to prevent recurrence
B. .Management of Change Training with emphasis on unusual circumstance
C. Compliance Alert Training
D. Risk Communication Training
E. Emergency Response Plan Training
3. Chills
A. Notification procedures
B. Emergency response plan
C. Health Care Provider notification procedures
4. Communications
Several communications channels will be used to reinforce message of
commitment to safety and compliance
A. Messages from Upper Management via presentations
B. Articles in Employee Newsletter
C. Messages from the Manager via memo
5. Management oversight/decision-making
A. Increase technical staff input and cross-functional decision teams for unusual
and emergency operations
B_ Increase management in the field
C. Improve handling of community calls
6. Enhanced Information Access
A. Update MSDS handling
B. Update crisis communications policy
C. Create health care provider notification plan
D. Community Advisory Panel
Page I-2
December 2, 1994 Page 1
CORRECTIVE ACTION PLAN
DETAIL
Action Date Description
1. Auditing 3/95 A. Independent Auditor
Unocal will, at company expense, hire an independent auditor,
selected by the community and mutually agreeable to Unocal,
who will perform an independent audit of the facility's
notification procedures, emergency response plan, and safety
management program. The results of the audit would be
made public, and Unocal is committed to responding to any
concerns raised by the report.
B. Internal Audit
A team has been pulled together to improve Unocal's
notification procedures, which includes how the refinery notifies
and communicates with emergency response staff, employees,
agencies, and community.
com- Internally, these include revising our procedures for activating
plete emergency personnel and ordering new communications
equipment.
com- In the community, these mean identifying those which need
plete most carefully looking after, such as schools, day care centers
and senior citizen centers and improving our ability to
communicate with them quickly and clearly. The audit will also
review timeliness of agency notification. (The initial audit has
�gen'completed and some of the recommendations have
already been put in place)
2. Training 1/95 A. "Lessons Learned" Training
Incorporate details of Catacarb incident in annual OSHA .
training to all employees to prevent recurrence
3/95 B. Management of Change Training
Review formal training of personnel who participate in
Management of Change programs with emphasis on
application of the Management of Change to unique or unusua
situations. Review Management of Change procedure to
address and reinforce inclusion of non-engineered changes in
a process, operating equipment, and procedures.
Page I-3
. . P,7
December 2, 1994 Page 2
Action Date Description
2. Training (Cont) 1/95 C. Compliance Alert Training
Perform training to all employees during monthly safety
meetings on the corporate compliance alert program. Training
will include a description of compliance guidelines and
standards, a description of the toll-free telephone number for
compliance reporting, and distribution of a wallet-size card for
reference.
1/95 D. Risk Communication Training
Perform risk communication training to enhance management
and staffs ability to communicate clear consistent message
concerning potential health safety and environmental risks
posed by operations.
2/95 E. Emergency Response Plan Training
Perform training on the emergency response plan after it has
been reviewed and updated, including evaluating criteria for
calling an emergency "Under Control' and "All Clea", as well
as agency and community notification procedures. Training
will focus on Management and Staff, and be-incorporated into
the all employee annual OSHA training.
3. Drill 1/95 A. Notification procedure
Perform table top drills after notification procedures have been
reviewed and updated to include: agency notification,
community notification and employee notification.
5/95 B. Emergency response plan
Perform:drill of 6mZ-rgencyiresponse plan. Invitation fo
observe/participate in the drill will be extended to CAP
members, and local fire departments.
4/95 C. Physician notification plan
Perform drill of physician notification plan. Invitation to
observe/participate in the drill will be extended to recipient
physicians, CAP members, and local fire departments.
Page I-4
D. 7
December 2, 1994 Page .3
Action Date Description
4. Communications Examine and take steps to improve communications within the
Refinery. Several communications channels will be used to
reinforce message of commitment to safety and compliance.
A. Messages from Upper Management via Presentations
12/94 • President, 76 Products, addresses all supervisors
2/95 • Vice President of Refining, 76 Products, addresses all
supervisors
5/95 • Vice President HES, Unocal, describes new corporate
compliance program to all supervisors
8/95 • General Counsel, 76 Products, addresses all supervisors
11/95 • Chief Compliance Officer, Unocal, addresses all
supervisors
B. Articles in Employee Newsletter
Including:
on- ■ compliance alert 800 number
going o interviews with health, safety, emergency response and
environmental affairs personnel
■ description and examples of Management of Change
process
on- C. Messages from the Manager
going Memos to employees, emphasizing commitment to
compliance, updating on interaction with community
Page I-5
December 2, 1994 Page 4
Action Date Description
5. Management 1/95 A. Include technical staff input in cross-functional
oversight/ decision teams for unusual and emergency operations
Decision making Review roles for specialized departments (i.e. Environmental
Affairs, Health Safety and Emergency Response, Metallurgical
Engineering and Inspection, Process Engineering, Engineering
Design and Construction and Law Department) in the decision
making process. Review and formalize methodology for
management decisions related to unusual and emergency
operating situations with the goal of enhancing cross-functional
team work and decisions.
12/94 B. Increase management in the field
Increase Management's and staff group's field presence in
order to improve face to face communications. Include field
visits in key performance indicators (KPI).
1/95 C. Handling community complaints
Review and improve handling of community complaints, e.g.
establish specific guidelines for response and incorporate the
in the existing procedure. Complaint routing should be
reviewed and updated to assure that the appropriate
responsible departments (Environmental Affairs, Health Safety
Emergency Response, etc.) are promptly apprised of the
situation and respond. Refinery manager will be given copies
of community complaints on an ongoing basis. CAP members
will review complaints at CAP meetings. Complaints will be
summarized for Vice-President of Refining monthly.
Page I-6
December 2, 1994 Page 5
Action Date Description
6. Enhanced 2/95 A. Update MSDS handling
Information Access An improved method will be developed to make MSDS quickly
available to the public. Review current procedures for
obtaining and reviewing Material Safety Data Sheets (MSDS)
for new or modified chemicals and new and intermediate
products. Procedures should include time limits for MSDS
development, review, and availability to employees. The
procedure should be consistent with the Unocal Corporate
Product Safety and Toxicology Group procedure.
3/95 B. Update crisis communications plan
Review and enhance current crisis communications plan to
incorporate new relationships established with community
members and media as a result of the Community Advisory
Panel, Good Neighbor Agreement meetings and 76 Products
Public Relations Plan. Specific examples include:
■ establish a list of "key community contacts" to be notified
in the event of an emergency
■ timely notification of CAP members, incorporating CAP
members in organization and dissemination of information
to community after an incident
■ acquaint local media with incident command system
C. Create health care providers notification plan
Develop a plan to notify local health care providers (physicians
clinics, emergency rooms, pharmacists, emergency response
personnel, etc.) in the event of_a release. .Notification will
include a brief summary of toxicological properties,
recommended diagnostic tests and treatment, and a contact
number for Unocal physicians and toxicologists.
Action steps will include:
12/94 a Designate list of potential local health care providers
(physicians, pharmacists, etc.)
1/95 ■ Hold focus group of potential recipients to review sample
format and content
2/95 ■ Develop list of potential hazards to be included in program
3/95 ■ Computertfax broadcast set up
3/95 ■ Develop policy for activation, incorporate into the incident
command system procedures and training
4/95 ■ Input data into program
6/95 ■ Prepare program/data to be shared with other facilities
Page I-7
December 2, 1994 Page 6
Action Date Description
6. Enhanced C. Community Advisory Panel
Information Access has A community advisory panel (CAP) will be established to
(Cont) been promote long-term communications, cooperation and working
initi- relationships between Unocal and its neighbors in Crockett,
ated Rodeo and Tormey.
on- The CAN will identify and work to resolve issues of concern to
going the community and Unocal. As an introduction to the refinery,
Unocal will provide CAP members with an orientation and
training on refinery operations, health, environment and safety
procedures, company policies and procedures including a tour.
Page I-8
Attachment J
Compliance Exceptions and Recommendations
Page J-1
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ATTACHMENT K
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
RECOMMENDATIONS FOR UNOCAL'S CATACARB RELEASE
Page K-1
a ATTACHMENT K
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
RECOMMENDATIONS FOR UNOCAL'S CATACARB RELEASE
BAAQMD BAAQMD NOTES
CONCLUSIONS RECOMMENDATIONS
1. Unocal operated for 16 days An explicit policy of zero
with a leak in a chemical tower. tolerance for leaks, spills and
release needs to be developed
and implemented. Verification
methods must be established that
cover: reporting, tracking and
progress reports with specific
time deadlines.
2. A flawed decision making The decision making process Contractor will review
process allowed operation with must require greater in section 11 -
the chemical leak. involvement of competent Attachment I, 5A.
environmental and health&
safety personnel. The Unocal
Environmental Department must
be an integral part of the day-to-
day refinery operations. Any
role ambiguities must be
eliminated.
3. Inspection of the D-409 Unocal must have a more Contractor will review
Tower, after shutdown, revealed effective program to monitor and in section 8.
extensive corrosion in a number control corrosion in their process
of areas. equipment.
4. Unocal's corporate culture, in Unocal must establish a Contractor will review
practice, emphasizes production corporate culture that in section 10.
over safety and the environment. emphasizes safety and
environmental protection and
institute training to communicate
this to the employees. There
must be Corporate
environmental training. The
degree of participation of the
"front-line"workers will
determine the success of the
policy.
Page K-2
SAFETY PROGRAM AUDIT AGREEMENT
The parties to this Safety Program Audit Agreement ("Agreement") are the Union Oil
Company of California ("Unocal"), a California Corporation, and the County of Contra Costa,
a political subdivision of the State of California (on behalf of the Board of Supervisors and the
Health Services Department, hereinafter referred to as "County"). Collectively, Unocal and
the County shall be referred to as the "Parties."
RR('TTAT S
A. Unocal owns and operates an oil refinery located in Rodeo, California (the "Refinery").
B. In 1994 and 1995, several alleged releases of air emissions occurred at the
Refinery which resulted in odor complaints by residents of Rodeo, Tormey, and Crockett,
California, as identified in the attached Statement of Scope, which is attached as Exhibit 1
hereto.
C. In response to these incidents and the associated complaints, the County desires
to enter into an agreement with Unocal to perform a comprehensive safety audit, as defined
below, at the Refinery.
D. The audit performed under this Agreement will be conducted in addition to the
audit performed under the Good Neighbor Agreement between Unocal and community groups
s6o2oi.�
D•7
in Crockett and Rodeo, California. The Good Neighbor Agreement required an independent
audit of the Refinery's emergency response plan, emergency notification procedures, and
safety management program, and of the results of the process hazards analyses performed as
part of the Process Safety Management Program required by the federal and state Occupational
Safety and Health Administrations.
A¢reement
NOW, THEREFORE, the Parties agree as follows:
1. Rem S�Audit Statement of Scone. Unocal agrees to reimburse County
for an independent audit contractor to perform a comprehensive safety audit (the "Audit") at
the Refinery, as defined in the attached Statement of Scope (the "Scope"). The Scope is
incorporated by reference, expressly made a part of this Agreement, and is attached as Exhibit
1 to this Agreement.
1.1 No revisions to the attached Scope will bepermitted under this
Agreement without the prior written approval of Unocal, which approval shall not be
unreasonably withheld.
1.2 In the event of any conflict between the text of this Agreement and its
incorporated documents, including the attached Scope, the text of this Agreement shall govern.
In the case of any conflict or inconsistency within or among any of the incorporated
documents, the conflict or inconsistency shall be resolved by Unocal in writing.
2. ALdit Pmject Managers. There shall be two Project Managers during the
Audit, one for each Party.
96MOl.rm
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2.1 The Project Manager for the County shall serve as the sole point of
contact for Unocal during the Audit and shall be authorized to render any decision reserved to
the County on behalf of the County. The County Project Manager shall be present on-site at
the Refinery during any and all work performed by the Audit Contractor (defined below).
2.2 The Project Manager for Unocal shall serve as the sole point of contact
for the County Project Manager and shall be authorized to render any decision reserved to
Unocal on behalf of Unocal. The Unocal Project Manager shall oversee all work performed
by the Contractor and shall coordinate all activities required to be performed by Unocal. The
Unocal Project Manager shall coordinate all logistical matters at the Refinery including
arranging any interviews of Refinery personnel.
3. Audit MonitorinIZ. Seven (7) individuals, whose function is specifically
described below, shall serve as the Audit Monitors ("Monitors").
3.1 Members
3.1.1 The County shall select a total of four (4) members who are
residents of Rodeo, Tormey, or Crockett, California to serve as Monitors. The eligibility
criteria and roles of the Monitors are described below. No alternates shall be selected or
permitted to serve in place of these County-selected Monitors.
3.1.2 The County Supervisors for Districts I and II shall serve as
Monitors. With respect to these Monitors, each Supervisor may appoint a single alternate.
The alternate appointed by each Supervisor shall serve as a Monitor only when the Supervisor
%Moi.fin
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D•7
is unable to serve as a Monitor. The eligibility criteria and roles of the Monitors (and their
Alternates) are described below.
3.1.3 One Monitor shall be a member of the Oil, Chemical & Atomic
Workers Union International, AFL-CIO, Local 1-326 (the "OCAW").The eligibility criteria
and roles of the Monitor are described below.
3.1.4 The County, the Supervisors for Districts I and II, and OCAW
shall notify Unocal of their respective selected Monitors and Alternates as described above, at
least thirty (30) days prior to the start date of the Audit, so that Unocal may confirm that the
selected Monitors and alternates are eligible under the criteria set forth below.
3.2 Fligihility Criteria. No Monitor or alternate shall be eligible to serve if
the person has commenced any legal action against Unocal, is the spouse or dependent of any
person who has commenced any legal action against Unocal, or is employed by any person
who has commenced legal action against Unocal.
3.3 Audit Monitore Gmun. The Monitors shall serve on the Audit Monitors
Group.
3.3.1 The Audit Monitors Group shall participate on the Contractor
Selection Panel to select the Audit Contractor, in accordance with the provisions of Section 4
of this Agreement.
3.3.2 The Audit Monitors Group may specify one designated person
from within the Group ("Designee") to be present at and directly observe all work performed
by the Contractor; provided, however, that the Designee shall neither participate in nor attend
96MOI.fin
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any formal interviews of Unocal employees, which interviews shall be conducted as provided
in Section 7 below. The Designee shall be permitted onsite at the Refinery only during those
times in which the Contractor is also onsite unless expressly approved by the Unocal Project
Manager. The Designee shall report his or her observations of the performance status of the
Contractor's work to the Audit Monitors Group, at the Group's direction.
3.4 The County represents that its Counsel has reviewed the provisions of
this Section 3 in accordance with the Brown Act and Contra Costa County Better Government
Code and determined them to be in compliance therewith, at this time.
4. Selertion of Audit Contractor,
4.1 A safety audit firm (the "Contractor") shall be selected by the Contractor
Selection Panel, for recommendation to the Board of Supervisors, to perform the Audit Work
set forth in the Agreement and attached Scope. The Contractor Selection Panel shall be
composed of the Audit Monitors Group, the Unocal Project Manager or the Manager's
designee, the County Project Manager or the Manager's designee, and, if they choose to
participate, a representative of the California Office of Emergency Services ("OES") and a
representative of the California Division of Occupational Safety and Health ("Cal-OSHA"). If
OES and Cal-OSHA choose to participate, the role of each agency shall be limited to
participating in the selection of the Contractor.
4.2 Each bidder must provide labor rates and other direct costs to the County
in its audit proposal.
%02oi.rm
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p.�
4.3 Each bidder must demonstrate auditing experience in the California
Petroleum Refining Industry and must provide references for similar safety audit work
completed for clients in the petroleum industry.
5. Conduct of Parti _iNnts (fin-Site,
5.1 No photographs may be taken by Contractor, County staff, or any
Designee without prior written permission by Unocal.
5.2 Contractor, County staff, and any non-OCAW-member Designee will be
escorted by qualified Unocal personnel at all times while in the Refinery. Nomex clothing,
hard hats, protective eye wear (including goggles in some areas), hearing protection, and
safety shoes are required in specified areas of some facilities and are to be provided by
Contractor when required. Unocal will provide safety equipment, excluding shoes, for
County staff and any Designee if so requested at least one (1) week prior to the start date of
the Audit.
6. Audit Wnrk. The Audit Work shall consist of conducting a comprehensive
safety audit of the Refinery as stated more fully below and in the attached Scope.
6.1 Review of the AnF.International findings from the independent safety
audit conducted at the Un al R .finery nsirsuant to the Tlnocal Good Neighh� or Agreement.
The Contractor shall review the findings from the evaluation performed by EQE International
of the Refinery's Emergency Response Plan and procedures manual for determination of the
level of compliance with the requirements of 8 CCR § 5192(q). The review shall include a
review of the findings of the evaluation of the facility's past performance in implementing the
%MO1.rM
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D.7
Refinery Emergency Response Plan and the effectiveness of the Plan. The review shall
include the evaluation of the effectiveness of the Refinery's Emergency Notification
Procedures. The Contractor shall review the evaluation of the Refinery's Injury and Illness
Prevention Program for determination of the program's level of compliance with the
requirements of 8 CCR § 3203. The audit of the Injury Illness and Prevention Program will
include safe and healthy work practices, communication to employees regarding occupational
health and safety and reporting of hazards to the employer, procedures for identifying and
evaluating work place hazards, procedures to investigate occupational injuries or illnesses, and
methods for correcting unsafe working conditions. The Contractor shall also evaluate the
Refinery's Process Hazards Analyses for determination of the Analyses' level of compliance
with the requirements of 8 CCR § 5189(e).
6.2 Review and evaluate Unocal's Incident Tnvestigation Program from
nonprivilt-ged Unocal incident investigation records from 1992 to pre-sent. The Contractor
shall review the Refinery's Incident Investigation program using Cal/OSHA's "Guideline for
Process Safety Management Audit" prepared for 8 CCR § 5189(m) attached (Attachment A to
Exhibit 1). Nonprivileged incident reports of spills or releases from 1992 to present which
resulted in or had the potential for a spill or release of hazardous materials will be summarized
to determine possible patterns or trends in the Refinery operations. The Contractor will also
review the incident reports for determination of root cause analyses and completion of all
identified action items resulting from the incident investigation. The Contractor will pay
particular attention to the odor abatement compressors.
%0201.fm
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D-�
6.3 Review and evaluation of s 1 ted writt ng .rain T ra .erlur s forthe
processes. The Contractor shall review selected Unocal written operating procedures and
evaluate for adequacy utilizing the "Guideline for Process Safety Management Audit" prepared
for 8 CCR § 5189(f) (Attachment B to Exhibit 1) by the Cal/OSHA Consultation Service. A
minimum of three operating procedures for refining units will be reviewed. The units selected
will be high on the priority order list that the refinery developed for Process Safety
Management, 8 CCR § 5189(e) (Process Hazards Analysis).
6.4 Review and evaluation of the Comtor Training Programincluding
an_�,ahl training on n=ew n�ediireq, emergencysbutdowns., emergency
res ons ./nQ ificstion jimeedures, and certification of emnloyms. The Contractor shall review
and evaluate the Unocal Operator Training Program for adequacy, utilizing the "Guideline for
Process Safety Management Audit" prepared in accordance with 8 CCR § 5189(g) (Attachment
C to Exhibit 1) by the Cal/OSHA Consultation Service.
6.5 Review evaluation of contractor urogram and s andards for contractor
-analifi .ations. The Contractor shall review and evaluate the Unocal Contractor Training
Program for adequacy utilizing the "Guideline for Process Safety Management Audit"
prepared in accordance with 8 CCR § 5189(h) (Attachment D to Exhibit 1) by the Cal/OSHA
Consultation Service.
C.6 Review of Unneal oversight of contract workers. The Contractor shall
review the oversight by Unocal of contract workers utilizing the attached questions
(Attachment E to Exhibit 1).
%mol.fm
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6.7 Review of the Quality acci�rance progmm forTnncitive materials
(equipment) identification and confirmation of satisfied design standard . The Contractor shall
review the Unocal quality assurance program for positive materials identification and
confirmation of satisfied design standards for adequacy utilizing the "Guideline for Process
Safety Management Audit" prepared in accordance with 8 CCR § 51890) (Attachment F to
Exhibit 1) by the Cal/OSHA Consultation Service.
C.8 Review of the preventive and predictive maintenance program, in .lc i
the frqn .ncy of inspections and standards for determination of acre to ahle testes/inspectinn
results. The Contractor shall review the Unocal preventive maintenance program for
adequacy, utilizing the "Guideline for Process Safety Management Audit" prepared in
accordance with 8 CCR § 51890) (Attachment F to Exhibit 1) by the Cal/OSHA Consultation
Service. The Contractor shall include a review of the maintenance and inspection records of
the odor abatement compressors and flare system and make recommendations as appropriate.
6.9 Review and Evaluate the Unocal Management of('.hanvP�nrnZ m and
imnlementntinn of program. The Contractor shall review and evaluate the Unocal
Management of Change program for adequacy utilizing the "Guideline for Process Safety
Management Audit" prepared in accordance with 8 CCR § 5189(1) (Attachment G to Exhibit
1) by the Cal/OSHA Consultation Service. At least three Management of Change documents
that deal with process changes and that have been completed in the two years preceding the
audit will be reviewed for completeness and interface issues with the various Unocal
departments.
%Moi.rm
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6.10 Revif-.w and evaluate- n pnrtinn of TTnncal'c Tnss rnntrnl Management
poliri .s and lirocedums. The Contractor shall review and evaluate Unocal Refinery's Loss
Control Management programs, policies, and procedures for Leadership and Administration,
General Promotions, Personal Communication and Group Communication. The sub-elements
of these programs that are to be reviewed and evaluated by the Contractor are attached.
(Attachment H to Exhibit 1).
6.11 Review of the statin of the TTnnc-al action items resulting from Cntaenrh
release (corrective action nlan). The Contractor shall review and audit the Unocal Catacarb
Corrective Action Plan (Attachment I to Exhibit 1) to verify completeness and status of action
items.
6.12 Review of TUnneal's corrective action plans, addressing the RAAO MD
find and recommendations that have hepn nrnvided to Unocal. The BAAQMD and the
Contra Costa County Health Services Department ("CCCHSD") will review Unocal's
corrective action plans and implementation schedules to address findings and recommendations
of the BAAQMD that have been provided to Unocal regarding the incidents described in the
recitals to this Agreement. No work under this item shall be performed by the Contractor.
The results of the review by the BAAQMD and the CCCHSD shall be issued in a report
separate from the report of the Contractor. This deliverable shall be distributed in accordance
with Section 8 below.
7. RmDjoy ee Tnterviem. In performing the Audit Work, the Contractor may,
from time to time, conduct formal interviews of Unocal employees. These formal interviews
%02o1.rm
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D.7
shall be attended only by the Contractor, the employee to be interviewed, and the designated
representative of the employee that may otherwise be required by law or contract (e.g. Union
Steward, personal attorney, etc.). The Contractor may provide an oral summary of such
interviews during any public meeting described in this Agreement. Unocal shall make all
reasonable efforts to make an employee requested by the Contractor available for an interview.
8. Project Deliverables,
8.1 The County will require the Contractor to prepare auditing protocols for
this audit for review by. County, the Audit Monitor's Group and Unocal. The additional
members of the Contractor Selection Panel may also review and comment on the Contractor's
protocols, if they so choose. These protocols must cover all Audit subjects as defined in the
Scope, except those for which Cal-OSHA Process Safety Management protocols are included
in the Scope of Work. Protocols should include auditing methodology, applicable regulatory
requirements, physical inspections, employee interviews and sampling methodology. At least
two weeks will be allowed for Unocal's review and comment on the auditing protocols.
8.2 The Contractor shall be required to deliver a final Audit Report (the
"Final Report") including an executive summary and a layman summary (if different from the
executive summary). The Final Report shall also include a summary of the elements of the
Audit, delineating any regulatory compliance exceptions in the tabular format shown in
Attachment 7 to Exhibit 1. The Contractor shall be required to complete and finalize the Final
Report at the Refinery at the conclusion of the Audit.
W201.fm
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P ,J
8.3 The Parties agree that the Final Report will be released to the public
after it has been distributed as described in 8.2 above. The County will require the Contractor
to deliver to the County Project Manager any written work products from the performance of
the Audit work, including but not limited to any annotated auditing protocols, notes, written
summaries of employee interviews, or memoranda.
8.4 The Contractor shall be required by the County to meet periodically
during the Audit with the County Project Manager, the Unocal Project Manager, and the Audit
Monitors Group to review audit progress and status.
8.5 The Contractor shall hold a closing conference with the County Project
Manager, the Unocal Project Manager and the Audit Monitors Group on the last day of the
Audit to discuss the Audit results and deliver the Final Report.
8.6 Unocal agrees that the Contractor will return to the Refinery to complete
a review and evaluation of the Refinery's actions that were the result of the Audit. This
Follow-up Audit will be scheduled approximately six months after the completion of the Audit
at a date and time mutually agreeable to Unocal and the County. Such a Follow-Up Audit will
consist primarily of a review of Unocal's action plans and records related to Unocal's progress
on stated actions in the Final Report. The Follow-Up Audit will not be a reiteration of the
original Audit and will not include formal employee interviews. The Contractor will provide a
written report on the results of this Follow-up Audit to the County Project Manager, the
Unocal Project Manager, and the Audit Monitors Group.
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8.7 No materials will be removed from the refinery during the course of the
Audit without express written permission from the Unocal Project Manager. This provision
applies to the Contractor, County staff, and Designee.
9. Acceptance of Wnrk, The County and Unocal Project Managers jointly shall
determine the acceptable completion of the Audit Work and Final Report according to the
requirements of this Agreement.
10. Crn�'g Contract with C_nntractnr. County's contract with the Contractor (the
"Audit Agreement") shall include the following provisions.
10.1. Default and Termination. If bankruptcy proceedings shall be
commenced by or against Contractor; or if, except for any of the reasons stated in Section 23;
Contractor shall fail, neglect, refuse or be unable at any time during the course of the Audit
Agreement to perform the Audit Work at a rate deemed sufficient by County or to give
reasonable assurance that Contractor will complete the same in accordance with the
specifications of the Audit Agreement; or if Contractor shall default in its performance of a
material representation, warranty or guarantee or other provision of the Audit Agreement; then
County, without prejudice to any of its other rights or remedies, may terminate the Audit
Agreement for service entered into with Contractor forthwith by'giving written Notice of
Termination to Contractor;
10.2. In addition, County and Unocal may jointly in their discretion terminate
the Audit Work with or without cause at any time by giving written Notice of Termination to
Contractor. Termination by County and Unocal in accordance with the provisions herein shall
W201.fm
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10
not constitute a breach of this Agreement nor entitle Contractor to any damages or claims
except for compensation for Audit Work performed to the date of termination, including
reasonable demobilization charges, subject to prior Unocal approval.
10.3. Audit Start nate. The Contractor's proposed Audit start date shall be
approved in advance by the Unocal Project Manager, which approval shall not be unreasonably
withheld. The County will make its best effort to adhere to its planned schedule attached as
Exhibit 2. Where that schedule needs to be modified, Unocal will be notified.in advance of
any material changes.
10.4. C'nct of Audit. The Audit shall be performed on a fixed-price basis, on a
price mutually agreeable to County and Unocal. The Cost for the Audit shall include
production of Audit protocols, a meeting to review the protocols with the Project Managers,
the onsite Audit Work, production of the Final Report, opening and closing conferences, and
any post-Audit meetings. Any modifications to the Audit Work that result in a price increase
must be approved by Unocal in advance. All work associated with a Follow-Up Audit shall
be performed on a time and materials basis. No mark-up on travel expenses will be permitted.
10.5. Invoices. Contractor shall provide all invoices for work to County.
After review by County, County shall forward all such invoices to Unocal. Unocal shall remit
payments owed under the invoices (unless disputed by Unocal) within 30 days of receipt by
Unocal.
10.6. Change in Wnrk. No change in the Audit Work shall be undertaken by
Contractor without the prior express written approval of County and Unocal. If County and
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Unocal authorize a change to the Audit Work, Contractor shall complete the additional work
on a time-and-materials basis in accordance with the rates accepted at the time of the
Contractor's audit proposal.
10.7. Site Acs&-, . All onsite Contractor employees must complete Unocal's
standard Refinery Safety Orientation Training and execute a standard Unocal agreement for the
protection of trade secrets prior to being provided access to the Refinery and prior to the
commencement of the Audit work in the Refinery. County will remove from the Audit at
Unocal's request any Contractor representative who, in the opinion of Unocal, is incompetent,
disorderly, or otherwise unsatisfactory.
10.8. Contractor must agree to release, protect, indemnify and hold Unocal,
its parent, its subsidiary and/or affiliate companies, and the respective employees, officers,
directors, or agents thereof, free and harmless from and against any and all claims, liability,
demands, and causes of action of all kinds, including, but not limited to, claims of damage to
or loss of property of Unocal or others, injury, illness, or death , arising out of Contractor's,
County's and Monitors' activities under the Audit Agreement, in the same manner and to the
same extent as Contractor provides such protections to County.
10.9. Tnsurance. Contractor shall be required to obtain and maintain insurance
of the same types and extent as are required by the County for its construction contracts and
which names Unocal as an Additional Insured with respect to liability arising out of
Contractor's performance under the Audit Agreement.
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10.10 Fora' Majeure. If, within a reasonable time after a force majeure
occurrence which has caused Contractor to delay performance of the Audit Work, Contractor
has failed to take such action as Contractor could lawfully initiate to remove or relieve either
the force majeure occurrence or its direct or indirect effects, the County may, in addition to
any other right available to the County at law or in equity, in its discretion and after written
notice to Contractor, at Contractor's expense, initiate such measures, including but not limited
to, the hiring of third parties, as will be designed to remove or relieve such force majeure
occurrence or its direct and indirect effects and thereafter require Contractor to resume full or
partial performance of the Audit Work.
10.11. Miry on Conflirt of interest/Rosiness Condurt. Contractor must agree
to perform the Audit Work and to conduct its affairs in respect to the Audit Agreement as
follows: Wherever located, Contractor will be expected to conduct its operations in a lawful
manner and in a manner which is consistent with the highest ethical standards prevailing in the
business communities in which it operates. Books and records must be kept in a complete and
accurate manner in accordance with Generally Accepted Accounting Principles consistently
applied. The maintenance of the highest reputation for integrity is essential and is not in any
circumstances to be sacrificed for the sake of results. Contractor must agree that it shall be the
sole entity performing the Audit Work.
10.12 Contractor shall provide all necessary supervision, material, insurance,
labor, transportation, equipment and supplies required to complete the Audit Work in
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accordance with the Audit Agreement. Telephones, copy machines, fax machines and office
space will be made available by Unocal to the Contractor during the Audit.
10.13 Contractor shall be required to follow standard Unocal work
requirements, including, but not limited to, orientation, training and security rules. The hours
of contract work shall be 7:00 a.m. to 4:00 p.m., Monday through Friday excluding Refinery
holidays.
10.14 Contractor shall submit to Unocal the names of specific Contractor
personnel who will be performing the Audit to Unocal prior to the start date of the Audit.
11. Contrartnr's RPrnrds.
11.1. County shall provide Unocal with copies of all Contractor documentation
in support of Contractor's invoices. Unless otherwise notified in writing by Unocal, invoices
and supporting documentation shall be sent to:
Unocal San Francisco Refinery
1380 San Pablo Avenue
Rodeo, California 94509
Attn: Nancy Poloske
11.2. Unocal reserves the right to audit the invoice records of Contractor to
the extent that such records apply to the Audit Work performed under this Agreement.
12. (fie in Wnrk. No change in the Contractor's Audit Work shall be approved
by the County without the prior express written approval of Unocal, which approval shall not
be unreasonably withheld. If Unocal authorizes a change to the Audit Work, Contractor shall
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complete the additional work on a time-and-materials basis in accordance with the rates
included in the Contractor's contract with the County.
13. Indemnity. Prior to being provided site access to the Refinery and
commencement of the Audit Work, County and any Designee must agree to release, protect,
indemnify and hold Unocal, its parent, its subsidiary and/or affiliate companies, and the
respective employees, officers, directors, or agents thereof, free and harmless from and against
any and all claims, liability, demands, and causes of action of all kinds, including, but not
limited to, claims of damage to or loss of property of Unocal or others, injury, illness, or
death ("Claims"), arising out of Contractor's, County's and any Designee's activities in the
conduct of the Audit under this Agreement, whether Unocal is negligent, actively, passively,
or not at all, or Unocal is alleged or proved to be absolutely or strictly liable, or to have
breached any duty or warranty (expressed or implied), except to the extent such Claims are
shown by final judgment to have been caused by the sole negligence or willful misconduct of
Unocal. The insurance requirements herein shall not be construed to limit this indemnity; it
shall be effective to the maximum extent permitted by applicable law. County shall be solely
responsible for the defense of any and all Claims hereunder, and any Claims by any person
alleging the willful misconduct or sole negligence of Unocal until such time as a final
judgment has been rendered. At such time as a final judgment has been rendered and it is
determined that the claim or claims were the result of Unocal's sole negligence or willful
misconduct, Unocal shall reimburse the County all reasonable litigation expenses, including
costs of defense. The parties agree that should any court of competent jurisdiction determine
9W2o1.rM
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that the indemnitylrequired herein exceeds, in extent, scope, or amount, that which is
permitted by applicable law, such indemnity shall be construed, interpreted and enforced so as
to preserve the maximum indemnity which is permitted thereby.
14. She At-r--.q . The County Project Manager and any Designee must complete
Unocal's standard Refinery Safety Orientation Training, and the Designee shall execute a
standard Unocal agreement for the protection of trade secrets prior to being provided access to
the Refinery and prior to the commencement of the Audit work in the Refinery. County will
remove from the Audit at Unocal's request any County staff or Designee who, in the opinion
of Unocal, is incompetent, disorderly, or otherwise unsatisfactory.
15. Audit Findings- The parties to this Agreement recognize that certain findings
with respect to Refinery operations may result from the Audit. The County agrees that so
long as Unocal in good faith diligently addresses such Audit findings, the County will
forebear from pursuing any enforcement action relating to such findings.
16. Release_ Except as provided in Section 25, the County releases and forever
discharges Unocal and its corporate parent, subsidiaries and affiliates, and each of their
officers, directors, employees, and agents from any and all civil claims, causes of action,
lawsuits, or litigation of any nature whatsoever, arising out of the incidents described on page
one of Exhibit 1.
17. Relationship to nand Use permit_ The Parties to this Agreement agree that
Unocal's obligations under this Agreement are not a part of or condition to Land Use Permit
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Number [2038-93] issued by the County for Unocal's Reformulated Gasoline Project (the
"Land Use Permit").
18. Cnnnt3r Review of Gnod Neighhor Agreement_ In consideration of Unocal's
entering into this Agreement to conduct the Audit, the County agrees to complete, within 30
days of the effective date of this Agreement, its Zoning Administrator review of Unocal's June
30, 1995 quarterly report of its activities performed relative to the Good Neighbor Agreement
and its request for final approval of the Good Neighbor Agreement, in accordance with Land
Use Permit Conditions of Approval No. 77 and 78, respectively. If the report and Good
Neighbor Agreement are acceptable to the County's Zoning Administrator, in his or her sole
discretion, the County shall expressly inform Unocal of its approval, which shall be deemed
full satisfaction of Land Use Permit Conditions numbers 77 and/or 78, respectively. If the
report or the Good Neighbor Agreement are not acceptable to the County's Zoning
Administrator, the County shall expressly inform Unocal and specifically describe the reasons
for non-acceptance.
19. tnternretatinn of Agreement_ The Parties to this Agreement have participated in
its drafting, and have consulted with their respective legal counsel in negotiating its terms.
Any rule of construction to the effect that any ambiguity in the wording of a writing is to be
construed against the drafter shall not be applied to the interpretation of this Agreement.
20. Fnr__Mai Majeure-
20.1 A delay in or total or partial failure of performance of either party
except for the payment of money per the terms of the Agreement shall not constitute default,
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suspension or termination under this Agreement or give rise to any claim for damages if and to
the extent such delay or failure is caused by any force majeure occurrence demonstrably
beyond the reasonable control of the party, provided that (1) the affected party gives prompt
written notice to the other party of the circumstances constituting the occurrence and of the
obligation or performance which is thereby delayed or prevented, and (2) such occurrences fall
within one or more of the following categories:
20.1.1 acts of God;
20.1.2 expropriation, confiscation, requisitioning of or commandeering
of all or part of the Refinery or compliance with any oral or written order, directive or request
of any governmental authority or person purporting to act therefor or under such authority
which affects to a degree not presently existing the supply, availability or use of materials,
equipment or labor;
20.1.3 acts or inaction on the part of any governmental authority or
person purporting to act therefor or under such authority;
20.1.4 acts of war or the public enemy whether war be declared or not;
20.1.5 public disorders;
20.1.6 insurrection, rebellion, sabotage or acts of terrorists;
20.1.7 explosions, fires, floods, earthquakes, lightning, hail, severe
weather conditions, or other natural calamities;
20.1.8 riots or violent demonstrations; and
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20.1.9 strikes, boycott or job actions, whether direct or indirect, lawful
or unlawful.
20.2 Any force majeure delay as defined herein shall be considered an
excusable delay and the Contractor shall not be entitled to additional compensation or
reimbursement as a result thereof, except that such a delay may be the subject of a claim for
equitable adjustment if the County extends the delay beyond sixty (60) calendar days, or if the
field work has commenced prior to the initiation of the delay and the County requires
re-performance of some of the work done before the delay.
21. SevembiliM The invalidity or unenforceability or any modification to the Final
Agreement or any attachments thereto that are not acceptable to the parties, herein of any
portion or provision of this Agreement shall void the Agreement
22. Survival of Provisions, In order that the Parties may fully exercise their rights
and perform their obligations under this Agreement arising from the performance of the Audit
Work, such provisions of this Agreement required to ensure such exercise or performance shall
survive the termination of this Agreement for any cause whatsoever.
23. Entirety of ARre .ment. This Agreement, as executed by authorized
representatives of the Parties, constitutes the entire agreement between the Parties with respect
to the subject matter of the Agreement, and there are no oral or written understandings,
representations or commitments of any kind, express or implied, and all prior or
contemporaneous oral or written understandings are either incorporated in this Agreement or
are superseded. No oral or written modification of this Agreement by any officer, agent or
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employee of a party, either before or after execution of this Agreement, shall be of any force
or effect unless such modification is in writing, is expressly stated to be a modification of this
Agreement and is signed by duly authorized representatives of both parties. No waiver of any
provision of this Agreement shall be of any force or effect unless such waiver is in writing, is
expressly stated to be a waiver of a specified provision of this Agreement and is signed by the
duly authorized representative of the Party to be bound by the waiver. Either Party's waiver
of any breach or failure to enforce any of the terms, covenants, conditions or other provisions
of this Agreement, at any time, shall not in any way affect, limit, modify or waive that Party's
right thereafter to enforce or compel strict compliance with every term, covenant, conditions
or other provision of this Agreement, any course of dealing or custom of the trade
notwithstanding. Any documents, forms, receipts, etc. of either party which contain any terms
or conditions shall be for informational or record purposes only.
24, No Third Partw Renefiriarv_ The terms of this Agreement shall not be deemed
to confer any rights or benefits, as a third party beneficiary or otherwise, upon any person or
entity other than the County and Unocal.
25. Limitation, Nothing in this Agreement to the contrary notwithstanding, nothing
in this Agreement is intended to, nor shall it be construed to, prevent the necessary
implementation by the County of state statutes and regulations or limit the independent civil
and criminal prosecutorial authority of the Contra Costa County District Attorney.
26. Exerntion_ This Agreement may be signed in counterparts, all of which
together shall constitute one original.
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1
27. F.ffectiv .T)ste_ The effective date of this Agreement is
1996.
UNION OIL COMPANY OF CALIFORNIA
Dated: , 1996 By:
Its:
COUNTY OF CONTRA COSTA
Dated: , 1996 By:
Its:
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s
SAFETY PROGRAM AUDIT A TRF.F.MF'NT
The parties to this Safety Program Audit Agreement ("Agreement") are the Union Oil
Company of California ("Unocal"), a California Corporation, and the County of Contra Costa,
a political subdivision of the State of California (on behalf of the Board of Supervisors and the
Health Services Department, hereinafter referred to as "County"). Collectively, Unocal and
the County shall be referred to as the "Parties."
RFC-TTAT 4
A. Unocal owns and operates an oil refinery located in Rodeo, California (the "Refinery").
B. In 1994 and 1995, several alleged releases of air emissions occurred at the
Refinery which resulted in odor complaints by residents of Rodeo, Tormey, and Crockett,
California, as identified in the attached Statement of Scope, which is attached as Exhibit 1
hereto.
C. In response to these incidents and the associated complaints, the County desires
to enter into an agreement with Unocal to perform a comprehensive safety audit, as defined
below, at the Refinery.
D. The audit performed under this Agreement will be conducted in addition to the
audit performed under the Good Neighbor Agreement between Unocal and community groups
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in Crockett and Rodeo, California. The Good Neighbor Agreement required an independent
audit of the Refinery's emergency response plan, emergency notification procedures, and
safety management program, and of the results of the process hazards analyses performed as
part of the Process Safety Management Program required by the federal and state Occupational
Safety and Health Administrations.
AjZreement
NOW, THEREFORE, the Parties agree as follows:
1. Rpfn_= Safety Audit Statement of Scme. Unocal agrees to reimburse County
for an independent audit contractor to perform a comprehensive safety audit (the "Audit") at
the Refinery, as defined in the attached Statement of Scope (the "Scope"). The Scope is
incorporated by reference, expressly made a part of this Agreement, and is attached as Exhibit
1 to this Agreement.
1.1 No revisions to the attached Scope will be.permitted under this
Agreement without the prior written approval of Unocal, which approval shall not be
unreasonably withheld.
1.2 In the event of any conflict between the text of this Agreement and its
incorporated documents, including the attached Scope, the text of this Agreement shall govern.
In the case of any conflict or inconsistency within or among any of the incorporated
documents, the conflict or inconsistency shall be resolved by Unocal in writing.
2. Audit Prniectt Managers. There shall be two Project Managers during the
Audit, one for each Party.
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2.1 The Project Manager for the County shall serve as the sole point of
contact for Unocal during the Audit and shall be authorized to render any decision reserved to
the County on behalf of the County. The County Project Manager shall be present on-site at
the Refinery during any and all work performed by the Audit Contractor (defined below).
2.2 The Project Manager for Unocal shall serve as the sole point of contact
for the County Project Manager and shall be authorized to render any decision reserved to
Unocal on behalf of Unocal. The Unocal Project Manager shall oversee all work performed
by the Contractor and shall coordinate all activities required to be performed by Unocal. The
Unocal Project Manager shall coordinate all logistical matters at the Refinery including
arranging any interviews of Refinery personnel.
3. Audit Monitoring. Seven (7) individuals, whose function is specifically
described below, shall serve as the Audit Monitors ("Monitors").
3.1 Members
3.1.1 The County shall select a total of four (4) members who are
residents of Rodeo, Tormey, or Crockett, California to serve as Monitors. The eligibility
criteria and roles of the Monitors are described below. No alternates shall be selected or
permitted to serve in place of these County-selected Monitors.
3.1.2 The County Supervisors for Districts I and II shall serve as
Monitors. With respect to these Monitors, each Supervisor may appoint a single alternate.
The alternate appointed by each Supervisor shall serve as a Monitor only when the Supervisor
%moi.fin
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is unable to serve as a Monitor. The eligibility criteria and roles of the Monitors (and their
Alternates) are described below.
3.1.3 One Monitor shall be a member of the Oil, Chemical & Atomic
Workers Union International, AFL-CIO, Local 1-326 (the "OCAW").The eligibility criteria
and roles of the Monitor are described below.
3.1.4 The County, the Supervisors for Districts I and II, and OCAW
shall notify Unocal of their respective selected Monitors and Alternates as described above, at
least thirty (30) days prior to the start date of the Audit, so that Unocal may confirm that the
selected Monitors and alternates are eligible under the criteria set forth below.
3.2 Eliigihilit, Criteria. No Monitor or alternate shall be eligible to serve if
the person has commenced any legal action against Unocal, is the spouse or dependent of any
person who has commenced any legal action against Unocal, or is employed by any person
who has commenced legal action against Unocal.
13 Audit Monitnrc CTrnun. The Monitors shall serve on the Audit Monitors
Group.
3.3.1 The Audit Monitors Group shall participate on the Contractor
Selection Panel to select the Audit Contractor, in accordance with the provisions of Section 4
of this Agreement.
3.3.2 The Audit Monitors Group may specify one designated person
from within the Group ("Designee") to be present at and directly observe all work performed
by the Contractor; provided, however, that the Designee shall neither participate in nor attend
96MOI.fin
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p.7
any formal interviews of Unocal employees, which interviews shall be conducted as provided
in Section 7 below. The Designee shall be permitted onsite at the Refinery only during those
times in which the Contractor is also onsite unless expressly approved by the Unocal Project
Manager, The Designee shall report his or her observations of the performance status of the
Contractor's work to the Audit Monitors Group, at the Group's direction.
3.4 The County represents that its Counsel has reviewed the provisions of
this Section 3 in accordance with the Brown Act and Contra Costa County Better Government
Code and determined them to be in compliance therewith, at this time.
4. Selection of Audit C'nntrartnr,
4.1 A safety audit firm (the "Contractor") shall be selected by the Contractor
Selection Panel, for recommendation to the Board of Supervisors, to perform the Audit Work
set forth in the Agreement and attached Scope. The Contractor Selection Panel shall be
composed of the Audit Monitors Group, the Unocal Project Manager or the Manager's
designee, the County Project Manager or the Manager's designee, and, if they choose to
participate, a representative of the California Office of Emergency Services ("OFS") and a
representative of the California Division of Occupational Safety and Health ("Cal-OSHA"). If
OES and Cal-OSHA choose to participate, the role of each agency shall be limited to
participating in the selection of the Contractor.
4.2 Each bidder must provide labor rates and other direct costs to the County
in its audit proposal.
9602o1.fm
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t)
4.3 Each bidder must demonstrate auditing experience in the California
Petroleum Refining Industry and must provide references for similar safety audit work
completed for clients in the petroleum industry.
5. Conduct of Participants (fin-Site,
5.1 No photographs may be taken by Contractor, County staff, or any
Designee without prior written permission by Unocal.
5.2 Contractor, County staff, and any non-OCAW-member Designee will be
escorted by qualified Unocal personnel at all times while in the Refinery. Nomex clothing,
hard hats, protective eye wear (including goggles in some areas), hearing protection, and
safety shoes are required in specified areas of some facilities and are to be provided by
Contractor when required. Unocal will provide safety equipment, excluding shoes, for
County staff and any Designee if so requested at least one (1) week prior to the start date of
the Audit.
6, Audit Work, The Audit Work shall consist of conducting a comprehensive
safety audit of the Refinery as stated more fully below and in the attached Scope.
6.1 Review of the FOE international findin¢s from the •ndenendent safety
audit conduntemi at the 11nacal Refinery pursuant to the Unwal Gand Neighbor Agreement.
The Contractor shall review the findings from the evaluation performed by EQE International
of the Refinery's Emergency Response Plan and procedures manual for determination of the
level of compliance with the requirements of 8 CCR § 5192(q). The review shall include a
review of the findings of the evaluation of the facility's past performance in implementing the
s6MOI Am
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Refinery Emergency Response Plan and the effectiveness of the Plan. The review shall
include the evaluation of the effectiveness of the Refinery's Emergency Notification
Procedures. The Contractor shall review the evaluation of the Refinery's Injury and Illness
Prevention Program for determination of the program's level of compliance with the
requirements of 8 CCR § 3203. The audit of the Injury Illness and Prevention Program will
include safe and healthy work practices, communication to employees regarding occupational
health and safety and reporting of hazards to the employer, procedures for identifying and
evaluating work place hazards, procedures to investigate occupational injuries or illnesses, and
methods for correcting unsafe worldng conditions. The Contractor shall also evaluate the
Refinery's Process Hazards Analyses for determination of the Analyses' level of compliance
with the requirements of 8 CCR § 5189(e).
6.2 Review and evaluate Unncal's incident Tnvesti.lZation Prol ram from
nnn1)rivi1P¢PA ITna al innident investigation records frnm 1992 tnpres .n . The Contractor
shall review the Refinery's Incident Investigation program using Cal/OSHA's "Guideline for
Process Safety Management Audit" prepared for 8 CCR § 5189(m) attached (Attachment A to
Exhibit 1). Nonprivileged incident reports of spills or releases from 1992 to present which
resulted in or had the potential for a spill or release of hazardous materials will be summarized
to determine possible patterns or trends in the Refinery operations. The Contractor will also
review.the incident reports for determination of root cause analyses and completion of all
identified action items resulting from the incident investigation. The Contractor will pay
particular attention to the odor abatement compressors.
96MOI.fin
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TO
6.3 .Review and evahnation of selected written n»erating nmceriures for the
pm=%e . The Contractor shall review selected Unocal written operating procedures and
evaluate for adequacy utilizing the "Guideline for Process Safety Management Audit" prepared
for 8 CCR § 5189(f) (Attachment B to Exhibit 1) by the Cal/OSHA Consultation Service. A
minimum of three operating procedures for refining units will be reviewed. The units selected
will be high on the priority order list that the refinery developed for Process Safety
Management, 8 CCR § 5189(e) (Process Hazards Analysis).
6.4 Review and evaluation of the QDmtor TrainingProgram, innhidinjZ
applimhle training onn_ n�Prating pmcedures, emergency shUtdownc, emergency
rens-/notification nromdures, and certification of eTlnv es. The Contractor shall review
and evaluate the Unocal Operator Training Program for adequacy, utilizing the "Guideline for
Process Safety Management Audit" prepared in accordance with 8 CCR § 5189(g) (Attachment
C to Exhibit 1) by the Cal/OSHA Consultation Service.
6.5 - Review evaluation of contractor nmigram and standards for contractor
-gvalifieatinns. The Contractor shall review and evaluate the Unocal Contractor Training
Program for adequacy utilizing the "Guideline for Process Safety Management Audit"
prepared in accordance with 8 CCR § 5189(h) (Attachment D to Exhibit 1) by the Cal/OSHA
Consultation Service.
6.6 Review of TTnneal oversight of contract wnrkers. The Contractor shall
review the oversight by Unocal of contract workers utilizing the attached questions
(Attachment E to Exhibit 1).
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6.7 Review of the quality accuranreTrogram for Dosi ive materials
uinment)identification and confirmatian of satisfied design standard . The Contractor shall
review the Unocal quality assurance program for positive materials identification and
confirmation of satisfied design standards for adequacy utilizing the "Guideline for Process
Safety Management Audit" prepared in accordance with 8 CCR § 51896) (Attachment F to
Exhibit 1) by the Cal/OSHA Consultation Service.
6.8 Review of the nr .ventiv and nredictiv . maintenance program, includins�
the frequency of inspections and standards for determinatinn of accen ahIe to 'nQ/insTn
results. The Contractor shall review the Unocal preventive maintenance program for
adequacy, utilizing the "Guideline for Process Safety Management Audit" prepared in
accordance with 8 CCR § 51890) (Attachment F to Exhibit 1) by the Cal/OSHA Consultation
Service. The Contractor shall include a review of the maintenance and inspection records of
the odor abatement compressors and flare system and make recommendations as appropriate.
6.9 Review and evablite the Unocal Management of(-hangepr agram and
implem _n ation of the nmgmm. The Contractor shall review and evaluate the Unocal
Management of Change program for adequacy utilizing the "Guideline for Process Safety
Management Audit" prepared in accordance with 8 CCR § 5189(1) (Attachment G to Exhibit
1) by the Cal/OSHA Consultation Service. At least three Management of Change documents
that deal with process changes and that have been completed in the two years preceding the
audit will be reviewed for completeness and interface issues with the various Unocal
departments.
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6.10 Review and evaluate a nation of TTnncal's T.nss Control Manag .m .nt
poli i c and Droc Aures. The Contractor shall review and evaluate Unocal Refinery's Loss
Control Management programs, policies, and procedures for Leadership and Administration,
General Promotions, Personal Communication and Group Communication. The sub-elements
of these programs that are to be reviewed and evaluated by the Contractor are attached.
(Attachment H to Exhibit 1).
6.11 Review of the status of the TTnncnl action items resulting frnm Ca acarh
r .l as . Corrective action Dian). The Contractor shall review and audit the Unocal Catacarb
Corrective Action Plan (Attachment I to Exhibit 1) to verify completeness and status of action
items.
6.12 Review of TTnncal's mrrective action plans, addressing the RAAO MD
findings and rer_.nmmendations that have h pn nrnvided to Unocal. The BAAQMD and the
Contra Costa County Health Services Department ("CCCHSD") will review Unocal's
corrective action plans and implementation schedules to address findings and recommendations
of the BAAQMD that have been provided to Unocal regarding the incidents described in the
recitals to this Agreement. No work under this item shall be performed by the Contractor.
The results of the review by the BAAQMD and the CCCHSD shall be issued in a report
separate from the report of the Contractor. This deliverable shall be distributed in accordance
with Section 8 below.
7. FF TnVee Interviews. In performing the Audit Work, the Contractor may,
from time to time, conduct formal interviews of Unocal employees. These formal interviews
9W201.fm
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shall be attended only by the Contractor, the employee to be interviewed, and the designated
representative of the employee that may otherwise be required by law or contract (e.g. Union
Steward, personal attorney, etc.). The Contractor may provide an oral summary of such
interviews during any public meeting described in this Agreement. Unocal shall make all
reasonable efforts to make an employee requested by the Contractor available for an interview.
8. Pmiert n .1'verahles.
8.1 The County will require the Contractor to prepare auditing protocols for
this audit for review by. County, the Audit Monitor's Group and Unocal. The additional
members of the Contractor Selection Panel may also review and comment on the Contractor's
protocols, if they so choose. These protocols must cover all Audit subjects as defined in the
Scope, except those for which Cal-OSHA Process Safety Management protocols are included
in the Scope of Work. Protocols should include auditing methodology, applicable regulatory
requirements, physical inspections, employee interviews and sampling methodology. At least
two weeks will be allowed for Unocal's review and comment on the auditing protocols.
8.2 The Contractor shall be required to deliver a final Audit Report (the
"Final Report") including an executive summary and a layman summary (if different from the
executive summary). The Final Report shall also include a summary of the elements of the
Audit, delineating any regulatory compliance exceptions in the tabular format shown in
Attachment J to Exhibit 1. The Contractor shall be required to complete and finalize the Final
Report at the Refinery at the conclusion of the Audit.
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8.3 The Parties agree that the Final Report will be released to the public
after it has been distributed as described in 8.2 above. The County will require the Contractor
to deliver to the County Project Manager any written work products from the performance of
the Audit work, including but not limited to any annotated auditing protocols, notes, written
summaries of employee interviews, or memoranda.
8.4 The Contractor shall be required by the County to meet periodically
during the Audit with the County Project Manager, the Unocal Project Manager, and the Audit
Monitors Group to review audit progress and status.
8.5 The Contractor shall hold a closing conference with the County Project
Manager, the Unocal Project Manager and the Audit Monitors Group on the last day of the
Audit to discuss the Audit results and deliver the Final Report.
8.6 Unocal agrees that the Contractor will return to the Refinery to complete
a review and evaluation of the Refinery's actions that were the result of the Audit. This
Follow-up Audit will be scheduled approximately six months after the completion of the Audit
at a date and time mutually agreeable to Unocal and the County. Such a Follow-Up Audit will
consist primarily of a review of Unocal's action plans and records related to Unocal's progress
on stated actions in the Final Report. The Follow-Up Audit will not be a reiteration of the
original Audit and will not include formal employee interviews. The Contractor will provide a
written report on the results of this Follow-up Audit to the County Project Manager, the
Unocal Project Manager, and the Audit Monitors Group.
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8.7 No materials will be removed from the refinery during the course of the
Audit without express written permission from the Unocal Project Manager. This provision
applies to the Contractor, County staff, and Designee.
9. Ac tanr . nnf Work. The County and Unocal Project Managers jointly shall
determine the acceptable completion of the Audit Work and Final Report according to the
requirements of this Agreement.
10. I'-rn_intv'c contract with C'_ontmrtnr. County's contract with the Contractor (the
"Audit Agreement") shall include the following provisions.
10.1. Default and Termination. If bankruptcy proceedings shall be
commenced by or against Contractor; or if, except for any of the reasons stated in Section 23;
Contractor shall fail, neglect, refuse or be unable at any time during the course of the Audit
Agreement to perform the Audit Work at a rate deemed sufficient by County or to give
reasonable assurance that Contractor will complete the same in accordance with the
specifications of the Audit Agreement; or if Contractor shall default in its performance of a
material representation, warranty or guarantee or other provision of the Audit Agreement; then
County, without prejudice to any of its other rights or remedies, may terminate the Audit
Agreement for service entered into with Contractor forthwith by giving written Notice of
Termination to Contractor;
10.2. In addition, County and Unocal may jointly in their discretion terminate
the Audit Work with or without cause at any time by giving written Notice-of Termination to
Contractor. Termination by County and Unocal in accordance with the provisions herein shall
96MOl.rm
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.D .�
not constitute a breach of this Agreement nor entitle Contractor to any damages or claims
except for compensation for Audit Work performed to the date of termination, including
reasonable demobilization charges, subject to prior Unocal approval.
10.3. Andit Start Date, The Contractor's proposed Audit start date shall be
approved in advance by the Unocal Project Manager, which approval shall not be unreasonably
withheld. The County will make its best effort to adhere to its planned schedule attached as
Exhibit 2. Where that schedule needs to be modified, Unocal will be notified.in advance of
any material changes.
10.4. rnst of Audit. The Audit shall be performed on a fixed-price basis, on a
price mutually agreeable to County and Unocal. The Cost for the Audit shall include
production of Audit protocols, a meeting to review the protocols with the Project Managers,
the onsite Audit Work, production of the Final Report, opening and closing conferences, and
any post-Audit meetings. Any modifications to the Audit Work that result in a price increase
must be approved by Unocal in advance. All work associated with a Follow-Up Audit shall
be performed on a time and materials basis. No mark-up on travel expenses will be permitted.
10.5. Invnices. Contractor shall provide all invoices for work to County.
After review by County, County shall forward all such invoices to Unocal. Unocal shall remit
payments owed under the invoices (unless disputed by Unocal) within 30 days of receipt by
Unocal.
10.6. Change in Work, No change in the Audit Work shall be undertaken by
Contractor without the prior express written approval of County and Unocal. If County and
960201.rm
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--7
Unocal authorize a change to the Audit Work, Contractor shall complete the additional work
on a time-and-materials basis in accordance with the rates accepted at the time of the
Contractor's audit proposal.
10.7. Rite. ACCPSS. All onsite Contractor employees must complete Unocal's
standard Refinery Safety Orientation Training and execute a standard Unocal agreement for the
protection of trade secrets prior to being provided access to the Refinery and prior to the
commencement of the Audit work in the Refinery. County will remove from the Audit at
Unocal's request any Contractor representative who, in the opinion of Unocal, is incompetent,
disorderly, or otherwise unsatisfactory.
10.8. Contractor must agree to release, protect, indemnify and hold Unocal,
its parent, its subsidiary and/or affiliate companies, and the respective employees, officers,
directors, or agents thereof, free and harmless from and against any and all claims, liability,
demands, and causes of action of all kinds, including, but not limited to, claims of damage to
or loss of property of Unocal or others, injury, illness, or death , arising out of Contractor's,
County's and Monitors' activities under the Audit Agreement, in the same manner and to the
same extent as Contractor provides such protections to County.
10.9. Ingilmnr. . Contractor shall be required to obtain and maintain insurance
of the same types and extent as are required by the County for its construction contracts and
which names Unocal as an Additional Insured with respect to liability arising out of
Contractor's performance under the Audit Agreement.
96MOI.fm
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10.10 Fnrc_ e Mni urere. If, within a reasonable time after a force majeure
occurrence which has caused Contractor to delay performance of the Audit Work, Contractor
has failed to take such action as Contractor could lawfully initiate to remove or relieve either
the force majeure occurrence or its direct or indirect effects, the County may, in addition to
any other right available to the County at law or in equity, in its discretion and after written
notice to Contractor, at Contractor's expense, initiate such measures, including but not limited
to, the hiring of third parties, as will be designed to remove or relieve such force majeure
occurrence or its direct and indirect effects and thereafter require Contractor to resume full or
partial performance of the Audit Work.
10.11. Pnlir3� on Conflict of Interest/Rnsiness Condnct. Contractor must agree
to perform the Audit Work and to conduct its affairs in respect to the Audit Agreement as
follows: Wherever located, Contractor will be expected to conduct its operations in a lawful
manner and in a manner which is consistent with the highest ethical standards prevailing in the
business communities in which it operates. Books and records must be kept in a complete and
accurate manner in accordance with Generally Accepted Accounting Principles consistently
applied. The maintenance of the highest reputation for integrity is essential and is not in any
circumstances to be sacrificed for the sake of results. Contractor must agree that it shall be the
sole entity performing the Audit Work.
10.12 Contractor shall provide all necessary supervision, material, insurance,
labor, transportation, equipment and supplies required to complete the Audit Work in
960 OI A,
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accordance with the Audit Agreement. Telephones, copy machines, fax machines and office
space will be made available by Unocal to the Contractor during the Audit.
10.13 Contractor shall be required to follow standard Unocal work
requirements, including, but not limited to, orientation, training and security rules. The hours
of contract work shall be 7:00 a.m. to 4:00 p.m., Monday through Friday excluding Refinery
holidays.
10.14 Contractor shall submit to Unocal the names of specific Contractor
personnel who will be performing the Audit to Unocal prior to the start date of the Audit.
11. Contractnr'c Reenrds.
11.1. County shall provide Unocal with copies of all Contractor documentation
in support of Contractor's invoices. Unless otherwise notified in writing by Unocal, invoices
and supporting documentation shall be sent to:
Unocal San Francisco Refinery
1380 San Pablo Avenue
Rodeo, California 94509
Attn: Nancy Poloske
11.2. Unocal reserves the right to audit the invoice records of Contractor to
the extent that such records apply to the Audit Work performed under this Agreement.
12, rhange in Wnrk. No change in the Contractor's Audit Work shall be approved
by the County without the prior express written approval of Unocal, which approval shall not
be unreasonably withheld. If Unocal authorizes a change to the Audit Work, Contractor shall
W201.rm
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complete the additional work on a time-and-materials basis in accordance with the rates
included in the Contractor's contract with the County.
13. Indemnitv. Prior to being provided site access to the Refinery and
commencement of the Audit Work, County and any Designee must agree to release, protect,
indemnify and hold Unocal, its parent, its subsidiary and/or affiliate companies, and the
respective employees, officers, directors, or agents thereof, free and harmless from and against
any and all claims, liability, demands, and causes of action of all kinds, including, but not
limited to, claims of damage to or loss of property of Unocal or others, injury, illness, or
death ("Claims"), arising out of Contractor's, County's and any Designee's activities in the
conduct of the Audit under this Agreement, whether Unocal is negligent, actively, passively,
or not at all, or Unocal is alleged or proved to be absolutely or strictly liable, or to have
breached any duty or warranty (expressed or implied), except to the extent such Claims are
shown by final judgment to have been caused by the sole negligence or willful misconduct of
Unocal. The insurance requirements herein shall not be construed to limit this indemnity; it
shall be effective to the maximum extent permitted by applicable law. County shall be solely
responsible for the defense of any and all Claims hereunder, and any Claims by any person
alleging the willful misconduct or sole negligence of Unocal until such time as a final
judgment has been rendered. At such time as a final judgment has been rendered and it is
determined that the claim or claims were the result of Unocal's sole negligence or willful
misconduct, Unocal shall reimburse the County all reasonable litigation expenses, including
costs of defense. The parties agree that should any court of competent jurisdiction determine
960201.fm
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that the indemnity required herein exceeds, in extent, scope, or amount, that which is
permitted by applicable law, such indemnity shall be construed, interpreted and enforced so as
to preserve the maximum indemnity which is permitted thereby.
14. Site A req . The County Project Manager and any Designee must complete
Unocal's standard Refinery Safety Orientation Training, and the Designee shall execute a
standard Unocal agreement for the protection of trade secrets prior to being provided access to
the Refinery and prior to the commencement of the Audit work in the Refinery. County will
remove from the Audit at Unocal's request any County staff or Designee who, in the opinion
of Unocal, is incompetent, disorderly, or otherwise unsatisfactory.
15. Audit Findings_ The parties to this Agreement recognize that certain findings
with respect to Refinery operations may result from the Audit. The County agrees that so
long as Unocal in good faith diligently addresses such Audit findings, the County will
forebear from pursuing any enforcement action relating to such findings.
16. Release Except as provided in Section 25, the County releases and forever
discharges Unocal and its corporate parent, subsidiaries and affiliates, and each of their
officers, directors, employees, and agents from any and all civil claims, causes of action,
lawsuits, or litigation of any nature whatsoever, arising out of the incidents described on page
one of Exhibit 1.
17. Relationship to TAnd Use Permit, The Parties to this Agreement agree that
Unocal's obligations under this Agreement are not a part of or condition to Land Use Permit
�ozoi.rm
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Number [2038-93] issued by the County for Unocal's Reformulated Gasoline Project (the
"Land Use Permit").
18. rn-nnt Review of Gnnd Neighhor Agreement_ In consideration of Unocal's
entering into this Agreement to conduct the Audit, the County agrees to complete, within 30
days of the effective date of this Agreement, its Zoning Administrator review of Unocal's June
30, 1995 quarterly report of its activities performed relative to the Good Neighbor Agreement
and its request for final approval of the Good Neighbor Agreement, in accordance with Land
Use Permit Conditions of Approval No. 77 and 78, respectively. If the report and Good
Neighbor Agreement are acceptable to the County's Zoning Administrator, in his or her sole
discretion, the County shall expressly inform Unocal of its approval, which shall be deemed
full satisfaction of Land Use Permit Conditions numbers 77 and/or 78, respectively. If the
report or the Good Neighbor Agreement are not acceptable to the County's Zoning
Administrator, the County shall expressly inform Unocal and specifically describe the reasons
for non-acceptance.
19. Interpretation of Agreement_ The Parties to this Agreement have participated in
its drafting, and have consulted with their respective legal counsel in negotiating its terms.
Any rule of construction to the effect that any ambiguity in the wording of a writing is to be
construed against the drafter shall not be applied to the interpretation of this Agreement.
20. ForceMajeure-
20.1
ajP ire-
20.1 A delay in or total or partial failure of performance of either party
except for the payment of money per the terms of the Agreement shall not constitute default,
%MO1.rm
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suspension or termination under this Agreement or give rise to any claim for damages if and to
the extent such delay or failure is caused by any force majeure occurrence demonstrably
beyond the reasonable control of the party, provided that (1) the affected party gives prompt
written notice to the other party of the circumstances constituting the occurrence and of the
obligation or performance which is thereby delayed or prevented, and (2) such occurrences fall
within one or more of the following categories:
20.1.1 acts of God;
20.1.2 expropriation, confiscation, requisitioning of or commandeering
of all or part of the Refinery or compliance with any oral or written order, directive or request
of any governmental authority or person purporting to act therefor or under such authority
which affects to a degree not presently existing the supply, availability or use of materials,
equipment or labor;
20.1.3 acts or inaction on the part of any governmental authority or
person purporting to act therefor or under such authority;
20.1.4 acts of war or the public enemy whether war be declared or not;
20.1.5 public disorders;
20.1.6 insurrection, rebellion, sabotage or acts of terrorists;
20.1.7 explosions, fires, floods, earthquakes, lightning, hail, severe
weather conditions, or other natural calamities;
20.1.8 riots or violent demonstrations; and
96MOI.fm
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: 14
20.1.9 strikes, boycott or job actions, whether direct or indirect, lawful
or unlawful.
20.2 Any force majeure delay as defined herein shall be considered an
excusable delay and the Contractor shall not be entitled to additional compensation or
reimbursement as a result thereof, except that such a delay may be the subject of a claim for
equitable adjustment if the County extends the delay beyond sixty (60) calendar days, or if the
field work has commenced prior to the initiation of the delay and the County requires
re-performance of some of the work done before the delay.
21. SPvera�. The invalidity or unenforceability or any modification to the Final
Agreement or any attachments thereto that are not acceptable to the parties, herein of any
portion or provision of this Agreement shall void the Agreement
22. Survival of Provisions, In order that the Parties may fully exercise their rights
and perform their obligations under this Agreement arising from the performance of the Audit
Work, such provisions of this Agreement required to ensure such exercise or performance shall
survive the termination of this Agreement for any cause whatsoever.
23. Entirety of Agreement. This Agreement, as executed by authorized
representatives of the Parties, constitutes the entire agreement between the Parties with respect
to the subject matter of the Agreement, and there are no oral or written understandings,
representations or commitments of any kind, express or implied, and all prior or
contemporaneous oral or written understandings are either incorporated in this Agreement or
are superseded. No oral or written modification of this Agreement by any officer, agent or
96MOI.fin
- 22 -
�.7
employee of a party, either before or after execution of this Agreement, shall be of any force
or effect unless such modification is in writing, is expressly stated to be a modification of this
Agreement and is signed by duly authorized representatives of both parties. No waiver of any
provision of this Agreement shall be of any force or effect unless such waiver is in writing, is
expressly stated to be a waiver of a specified provision of this Agreement and is signed by the
duly authorized representative of the Party to be bound by the waiver. Either Party's waiver
of any breach or failure to enforce any of the terms, covenants, conditions or other provisions
of this Agreement, at any time, shall not in any way affect, limit, modify or waive that Party's
right thereafter to enforce or compel strict compliance with every term, covenant, conditions
or other provision of this Agreement, any course of dealing or custom of the trade
notwithstanding. Any documents, forms, receipts, etc. of either party which contain any terms
or conditions shall be for informational or record purposes only.
24. No Third Parry Renefciarv_ The terms of this Agreement shall not be deemed
to confer any rights or benefits, as a third party beneficiary or otherwise, upon any person or
entity other than the County and Unocal.
25. Limitatinn. Nothing in this Agreement to the contrary notwithstanding, nothing
in this Agreement is intended to, nor shall it be construed to, prevent the necessary
implementation by the County of state statutes and regulations or limit the independent civil
and criminal prosecutorial authority of the Contra Costa County District Attorney.
26. Execution- This Agreement may be signed in counterparts, all of which
together shall constitute one original.
%MOI.rM
- 23 -
t
27. Effective-Date_ .The effective date of this Agreement is
1996.
UNION OIL COMPANY OF CALIFORNIA
Dated: , 1996 By:
Its:
COUNTY OF CONTRA COSTA
Dated: , 1996 By:
Its:
960201.fm
- 24 -
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Request to Speak Form ,) ,�( THREE (3) MINUTE LIMIT)
Complete this form and place it In the box near the speakers' estrum
before addressing the Board.
4PI-7/7 �rird,.t . if 2 3-�R573Name: �Iror�eL �
Address: LC)-O d
1 am speaking for myself.+ or organization:
ane of apni�tioN
ONE:
1 wish to speak on Agenda flan #��
My comments will be: general _for._,*ain .
I wish to speak on the wbject of
1 do not wish to speak but kava these comments for the Board
to consider:
Request to Speak Form(,D P, -7
( THREE (3) MINUTE LIMIT)
Co npiete this form and place it in the box near the speakers' rost um
before addressing the Board
N,tne: � rhone; z4�s/ ��
1 am speaking for nriw f,_,_,or organizatitm
imine of 0 smdzm n 0
CH ONS
1 wish to on Apo& Otem # Oat 6
I wig t� mon tnuds will be: generalfbr_ _�Wnd_..
_ 1 do not wish to speak but leave these comments for the Board
to consider:
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it In the box near the rostrum
before addressing the Board.
game: -Phone;-
5+,
hone•S+, Wew s ,fir,
lam speaking for myself- or organiratioro_ S1oeli ri e
males of apnitatioN
CHEC"NE:
1 wish to speak on Agenda Item4R�- Z
-� My comments will be: :,U!e ;-
s�ai
1 wish to speak on the abject
1 do not wish to speak but leave these comments for the Board
to cor"idw:
4
—CIS-1996 '9:E aAP 1 FP..UP 1 ER.EP,;T FEPGUS0f,,I 510;3 i 199)3 P. 2
0 '1 G3 W:HI •J J.1V� �
RECEIVE®
P E T t T. . F T FEB — 61990
CLERK 0
CONTRACOSTACO�SORS
WE OPPOSE THE UNOCAL-CQUNTY ST FF AL TQ 141 K
ACTIVISTS AND CBE OFF THE SAPETY AU IiITT COMMITTEE OF THE UNOCAL
REFINERY JUST BECAUSE THEY ARE PURSUING THEIR RIGHTS UNDER THE
LAW TO HOLD UNOCAL MANAGEMENT ACCOUNTABLE!
WE ALSO OPPOSE THE -REJECTION QE MAJORITY OF THE CQMMUNITY HE6LT
& SAFETY ISSUES—FROM THE AUDIT SCOPE.
WE DEMAND A REALUDIT OF ALL 1H ISSUES WITH EVERYONE INCLUDED}
Name Address Phone
r y f
Qy
------S��-7 A k sa CA k,,�;L 72-7- 1 ks
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.�.s. -�-�o�1 �r�z.•i,.�.,Yr.. �- c tri c?cam -r- `Z�s? t$$Z.
FPOt 1 EPEf'JT FE GIUSOf'J E'I Ct?871 933
P. 4
RECEIVED
FEB - 6 19�6
�-�.-�-!-..,T 0 N SARD OF SUPERVISORS
CONTRA COSTA CQ.
WE OPPOSE THE NOOCAL-CQUNTY TQ KiGK Lt?GAL
tA�,'TIVISTS AND-CUE-OFF THE SAFETY AUDIT COMMITTEE OF THE UNOCAL
REFINERY JUST BECAUSE THEY AIDE PURSUING THEIR RIGHTS UNDER THE
LAW TO HOLD UNOCAL MANAGEMENT ACCOUNTABLE!
WE ALSO OPPOSE THE 8EJSCT oN aF IVIAJCl�3iT_ Y THE COMM ITY EALTH
SAF TY iS5 S FROM THE AUDIT SCOPE.
WE DEMAND A REAL AUNT Q-ULL THE ISSN$ V�1 ISH EVERYOi INCLUDED!
Na a .Address Phone
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2-06-1.`_q'S 10:00AH FPOH EP,EP,JT FEP.GlJ 0t,,,l SIC,1727/ 1903 P.
RECEIVE®
T J-3 1 0 N 0 F S, U , p --p -,A_j�AB - 6 btb
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
WE OPPOSE THEQALOLJNTY TAIrF PRCIPC7SAL TO KICK LOC -A&
ATIVlST$ AN CSE OFF THE SAFETY AUQIT C,aMMITTFE OF THE UNOCAL
REFINERY JUST BECAUSE THEY ARE PURSUING THEIR BIGHTS UNDER THE
LAW TO HOLD UNOCAL MANAGEMENT ACCOUNTABLE!
WE ALSO OPPOSE THE R JE � F MAJOIfTY OF TFiE 7OMIVi11NlTY HEALTH
& SAFETY ISSUES FROM THE AUDIT SCOPE.
WE DEMAND A REAL UNIT OF ALL THE ISSUES WITH FVERYOrVE INCLUDED!
Name Address Phone
.1 1 � � L7�2�1{� r2?^ �27s Z
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