HAZARDOUS MATERIALS AND CHEMICALS

The Agency is committed to protecting employees from exposure to hazardous materials and chemicals as defined by Occupational Safety and Health Standards (29 CFR 1910), Safety and Health Regulations for Construction (29 CFR 1926), and the Air Traffic Organization (ATO) Indoor Air Quality (IAQ) Program Implementation Requirements.

In the event that a facility is planning a construction project that may affect bargaining unit employees, the Principal Facility Representative, or his/her designee, shall be given a pre- and post-briefing on the construction project and be permitted to participate in all remediation project meetings. Additionally, the Principal Facility Representative will be permitted to attend any management briefings at the facility concerning employee exposure monitoring (e.g. air sampling, mold sampling) and associated data. In the event that the facility's Occupant Emergency Plan/Emergency Action Plan (OEP/EAP) will be affected by the construction project, the Parties at the local level will collaborate on any changes.

If, during the construction project, there is a release of any hazardous materials or chemicals, the Principal Facility Representative, or his/her designee, shall be immediately notified, will receive periodic progress reviews as appropriate, and will be provided copies of all documents concerning the release. Upon request, the Principal Facility Representative shall be given an explanation of these reports. In addition, the Union may appoint a representative on each shift to receive copies of all employee exposure monitoring reports as soon as they can be made available. Upon request, the Union’s Industrial Hygienist shall be permitted to attend meetings under this Section.

Exposure assessments/monitoring conducted by the Agency in connection with construction projects will be handled in accordance with 29 CFR 1926 and the ATO IAQ Program Implementation Requirements.

The objectives of employee exposure monitoring by the Agency in connection with construction projects are as follows:

a. to determine if potential contaminants (e.g. dust, mold, volatile organic materials) are exposing occupants to levels above established recommended levels or legal standards.

b. to determine if construction controls (e.g. contaminants, barriers, administrative controls) are protecting occupants from potential contaminants.

Any evidence of visible release and/or exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or chemicals, at or above FAA/OSHA safety limits, shall result in immediate control steps by the Agency to remediate the hazard.

The Agency and all remediation contractors hired must comply with all applicable OSHA, EPA, FAA, local, and state regulations regarding hazardous materials and chemicals as defined by 29 CFR 1926.59 and 29 CFR 1910.1200.

If protection measures will not provide adequate protection of occupants, the Agency will relocate bargaining unit employees outside of the affected work area while the construction work is being completed.

In the event that relocation is not required/possible, the remediation contractor will seal off the remediation area, when required in accordance with the ATO IAQ Program Implementation Requirements, with a negative pressure enclosure. When negative pressure enclosures are used, the contractor will ensure and maintain negative pressure at all times.

Decontamination facilities will be provided for construction projects, where required by the ATO IAQ Program Implementation Requirements. The Agency shall ensure strict decontamination procedures will be enforced to ensure that workers cannot bring any contaminants into the clean area(s).

The remediation area will not be reoccupied until a post- remediation evaluation has been conducted in accordance with the ATO IAQ Program Implementation Requirements. The criteria for post- remediation evaluation will depend on the contaminants involved. The Agency will determine the appropriate test and criteria in consultation with the Union’s Certified Industrial Hygienist (CIH). Mold clearance testing shall be conducted in accordance with the ATO IAQ Program Implementation Requirements.

The Union, at its own expense, may designate an Industrial Hygienist to observe the work of the contractor and the Agency’s Safety and Health Specialist.

Bargaining unit employees shall be eligible for medical surveillance programs paid for by the Agency based on permissible exposure limits set forth in 29 CFR 1910.