INVISTA: Partnership Agreement

Partnership Agreement
Between
INVISTA S.à r.l.
and the
U.S. Department of Labor
Occupational Safety and Health Administration
(OSHA)
June 19, 2008

I. AGREEMENT PARTNERS

The partners to this Agreement are the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) and INVISTA S.à r.l., commonly referred to as INVISTA, a wholly owned and separately managed company of Koch Industries, Inc.

II. DEFINITIONS

CAMS – INVISTA Compliance Assurance Management System
CSHO – OSHA Compliance Safety and Health Officer
CSO – INVISTA Compliance Systems Owner
EHS – Environment, Health and Safety
FIRM – OSHA Field Inspection Reference Manual, CPL 02-00-103
Offsite Non-enforcement Verification - Reviews by OSHA of OSP data, reports, records, without actual entry to the partner's worksite. Documentation is reviewed to determine whether partners are implementing the provisions of the OSP agreement. The documentation selected for review should relate to the goals, objectives and stated measures of the OSP agreement. Examples include illness and injury data, training course agendas and rosters, results of surveys, or results of self-audits.
Onsite Non-enforcement Verification – A formal review by OSHA in a non-enforcement capacity of the partner's worksite with the purpose of assessing the implementation of the OSP agreement. The objective is to provide opportunities to highlight site specific partnership efforts as well as discuss challenges and plans for improvements. Referrals for enforcement inspections would only be made if site management refuses to correct hazards identified during the visit.
OSP – OSHA Strategic Partnership
Partnership Management Team – a committee formed to manage the partnership, consisting of representatives from both INVISTA and OSHA
Process Safety Management (PSM) - A reference to OSHA Standard 29 CFR 1910.119 and 1926.64, which covers all employers who either use or produce highly hazardous chemicals exceeding specified limits
Safety and Health Management System (SHMS): A method of preventing worker fatalities, injuries and illnesses through the ongoing planning, implementation, integration, and control of four interdependent elements: Management Leadership and Employee Involvement; Worksite Analysis; Hazard Prevention and Control; and Safety and Health Training
SGE – Special Government Employee
VPP – OSHA's Voluntary Protection Programs

III. BACKGROUND

To build on the relationship developed through the OSHA Partnership and VPP programs with Koch Industries, INVISTA desires to establish a similar agreement. This agreement documents and facilitates the relationship by communicating the commitment to develop strong safety and health management systems and to strive toward workplace safety and health excellence. INVISTA's included partnership sites, which are identified in the Appendix, allow OSHA to reach out to a diverse industry spectrum and to impact safety and health in a meaningful way. The lessons learned from the partnership site participation will be used to further impact health and safety globally.

The seven (7) sites included in this partnership employ 2300 employees and contractors with an additional approximate number of 1175 independent contractors.

IV. GOALS

Goal	Strategy	Measure
Prevent and reduce employee injuries and illnesses	Develop baseline data on existing INVISTA systems (CAMS and CSO process) Review injury and illness information, identify causal factors, develop SHMS to address Implement VPP principles at participating sites Use culture/survey from Texas A&M University Expand awareness of the value of safety and health management systems Continue to Enhance Contractor safety and Prequalification process Continue to enhance PSM programs at covered facilities	Self assessments results TCIR rate and percentage change versus baseline DART rate and percentage change versus baseline Percentage of change(s) in costs (e.g. worker's comp costs) Contractor TCIR rates Number and % of INVISTA contract companies and employees participating in training or sharing best practices in safety and management systems PSM compliance audit results Survey results
Prevent and reduce employee ergonomic injuries and illnesses at applicable sites	Develop baseline data on existing INVISTA systems (CAMS and CSO process) Review injury and illness information, identify causal factors Enhance ergonomic program management Establish systems that identify ergonomic risk factors, evaluate and control ergonomic risk, and share best practices in ergonomic program management	Ergonomic risk factors identified and percent controlled Ergonomic-related TCIR and DART rates
Improve communication and knowledge sharing between OSHA and INVISTA	Enhance local relations between OSHA and INVISTA Share best practices and lessons learned Identify case studies or other joint projects that advance the knowledge of the practical implementation of safety and health management systems Attend and network at conferences Improve knowledge sharing process between INVISTA sites	Site feedback from annual evaluation Number of best practices, success stories, lessons learned, and case studies shared
Increase VPP participation	Identify potential VPP sites Seek mentors for facilitation of VPP application Use tools such as OSHA Challenge to track sites' progresses to VPP qualification Increase participation in SGE program	EHS management system baseline assessment score Number of sites in VPP Number of INVISTA company SGEs; Number of SGEs trained and number of onsite evaluations performed Scorecard measuring improvement such as OSHA Challenge modified to reflect INVISTA terminology INVISTA SGEs trained

V. PARTNER ROLES AND RESPONSIBILITIES

INVISTA and OSHA agree to work in partnership to improve safety and health performance as outlined below.

INVISTA agrees to

Identify INVISTA sites to participate in the partnership
Promote the establishment of an effective Health and Safety Management System and the integration of those systems into the overall business management system
Support the INVISTA sites working toward VPP participation
Support INVISTA employees participating in the OSHA SGE Program and encourage employees to apply and undergo training
Develop site-specific ergonomic guidelines for at least one partnership site based on current risk and leverage appropriate knowledge across other INVISTA sites incorporating the results of the Ergonomic Task Force of the Koch Industries OSHA Strategic Partnership
Support an overall workplace culture that values safety and health as part of daily business operations
Continue an internal audit program that consists of environmental, health & safety compliance and management system reviews, where progress toward achieving EHS goals is verified and improved
Share baseline and measurement data with OSHA annually to allow evaluation of partnership success
Solicit OSHA participation in INVISTA-sponsored safety and health training events
Establish and track leading PSM metrics
Use VPP elements and OSHA Challenge requirements as a scorecard to recognize employers and workers in their respective countries for excellence in worker safety and health
Develop an INVISTA/Koch STAR designation system for sites not in the United States
Recognize sites that improve their safety and health management or develop innovative approaches

OSHA agrees to:

Work cooperatively with INVISTA to provide safety and health information, training, and training materials as resources allow
Share information on available OSHA training offered through the OSHA Training Institute and other facilities
Keep relevant OSHA staff (e.g., impacted Area Offices) updated in regards to partnership requirements, objectives and activities; and encourage them to provide assistance, as resources allow, as requested by INVISTA
Establish, as resources allow, an OSHA presence at INVISTA conferences and professional functions to encourage participation in training and other outreach activities
Establish a cooperative feedback process that will solicit comments and stakeholder feedback from the Partnership Management Team
Make available an OSHA partnership contact in each region that has an INVISTA partnership site to address questions that may arise
Make available regional ergonomic coordinator for outreach to each partnership site
Review the baseline and measurement data provided by INVISTA
Conduct annual non-enforcement visit(s) to measure progress
Prepare an annual evaluation for the partnership

VI. BENEFITS

OSHA Non-Enforcement Benefits
1. Outreach, technical assistance, and training (as resources allow)
  1. Onsite and offsite activities such as review of the safety and health management system and assistance to develop or improve the system, and guidance in conducting audits and evaluations
  2. Seminars, workshops, and other speaking events provided to the partnership sites and corporate office
  3. Provide upon request informational materials such as safety and health brochures, pamphlets, and electronic tools
  4. Technical assistance; for example, the OSHA Health Response Team and other technical experts within the Directorate of Science, Technology and Medicine and the Directorate of Construction
2. Recognition
  1. OSHA will formally recognize partnership sites for its partnering contributions including but not limited to certificates and press releases, OSHA's public website, worksite banners, letters, and plaques
  2. OSHA will recognize and highlight the achievements of partnership sites with exemplary or novel approaches to ergonomics
OSHA Enforcement Benefits
1. OSHA will maximize the resolution of complaints received against partnership sites through the use of phone and fax as stipulated in the Compliant Policies and Procedures Instruction, CPL 02-00-140
2. Citation Issuance
  1. For hazards not deemed serious, a citation will not be issued if the hazard is abated during the enforcement inspection
  2. In the event that a citation with penalty is issued to a partnership site, the Regional Administrator (RA) has the authority to negotiate the amount of penalty reduction as part of the informal conference settlement agreement
  3. When calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the reductions provided in the FIRM where the employer, in implementing the OSP, has taken specific significant steps beyond those provided in the OSHA Field Inspection Reference Manual (FIRM) CPL 02-00-103 to implement the Act and achieve a high level of employee protection (Chapter IV.C.2.i.5 [b])
3. OSHA may offer up to a six-month deferral from programmed inspections to participants upon their entry into a partnership. During the deferral period, the INVISTA partner worksite must commit to making workplace safety and health improvements or seek compliance assistance to improve workplace safety and health in accordance with its responsibilities under the Act.

VII. PARTNERSHIP VERIFICATION

OSHA is to conduct non-enforcement verification visit(s) at site(s) agreed by the Partnership Management Team on an annual basis. At least one site or 10% of the sites shall be selected by the team to undergo a verification visit. For the remaining sites, offsite verification shall be performed.

The purpose of the non-enforcement verification visit is to assess the site's progress towards the completion of the goals of the partnership agreement. This verification will be tailored to address the resources of the participating OSHA Area Office as well as the activities at the participating site. In addition to the verification of the progress made, the visit will also verify whether the site is operating an effective safety and health management system that adequately protects its employees. To take advantage of the time onsite, OSHA may request, and review, documents prior to arrival.

Site(s) agree in advance, prior to the onsite verification, that they will correct any serious hazards identified during the visit or they will be referred for an enforcement inspection.

For the sites not selected to undergo an onsite non-enforcement verification visit, each participating OSHA Area Office shall conduct offsite verification on an annual basis. Offsite verification will include the review of relevant partnership documents such as the most recent annual partnership evaluation report, OSHA Form 300 data, quarterly progress reports, and any other supporting information and data showing progress made towards the partnership's goals. At the conclusion of each offsite verification, the reviewer shall inform the Partnership Management Team of the findings.

For the participating sites that have achieved VPP recognition, the offsite verification process shall include only the review of the site's annual VPP evaluation.

VIII. PARTNERSHIP ADMINISTRATION

The Partnership Management Team is to manage the partnership by determining partnership procedures in addition to tracking, analyzing, and sharing information on partnership activities and results. The Partnership Management Team will evaluate the effectiveness of the agreement on an annual basis and will meet quarterly to discuss agenda items such as:
- Sharing information on current violations and statistics applicable to INVISTA or similar industry groups
- Clarifying the meaning and application of OSHA standards and policy through relevant interpretations and compliance directives on standards, proposed standards, and violations
- Identifying INVISTA sites with outstanding safety and health excellence
- Evaluating data and partnership impact
The Partnership Management Team is to consist of representatives from INVISTA and OSHA as follows:
- Three OSHA National and Field Office representatives
- Four representatives from INVISTA
The Partnership Management Team is to operate consistently with the OSHA Instruction, Directive Number: CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health

IX. EMPLOYEE AND EMPLOYER RIGHTS

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

X. PARTNERSHIP AGREEMENT TERMS

The effective date of this Agreement will begin 30 days from the date of signing and will continue for three years. The Partnership Management Team will review the progress of the Partnership annually, in writing, and at the end of the three-year term. If there is consensus between INVISTA and OSHA, the Agreement can be modified at any time or renewed at the end of the three-year term.

XI. TERMINATION

The Partnership Agreement may be terminated for one or more individual INVISTA partnership sites for any reason 30 days following the receipt of written notice from either INVISTA or OSHA. The Partnership will remain in effect for all sites not covered by the notice. The Partnership Agreement is non-transferable to non-INVISTA-controlled entities. Furthermore, the entire Partnership Agreement may be terminated for any reason 30 days following the receipt of a signed letter from any signatory partner.

Signature Page

Edwin G. Foulke, Jr. Assistant Secretary of Labor U.S. Department of Labor, OSHA	Date
Jeff Gentry Chief Executive Officer INVISTA S.à r.l	Date
David Dotson Senior Vice President - Upstream Operations INVISTA S.à r.l	Date
Robert Francois President – Specialty Intermediates INVISTA S.à r.l	Date
Warren Primeaux President - Intermediates INVISTA S.à r.l	Date
Walter Tyler Global Environmental, Health & Safety Director INVISTA S.à r.l	Date

Appendix
INVISTA Company Partnership Sites

INVISTA Company	Work Site Location	NAICS Code
INVISTA Seaford	INVISTA Seaford 25876 DuPont Road Seaford, DE 19973 Tel: 302.629.1100 Fax: 302.629.1809	31311 (Yarn Spinning Mill)
INVISTA Applied Research Centre	INVISTA Applied Research Centre 150 Red Mill Road Newark, DE 19711	541710/541380 (Research/Development)/(Testing Laboratories)
INVISTA Athens	INVISTA Athens 110 Voyles Road Athens, GA 30601-3907 Tel: 706-552-4600 Fax: 706-552-4683	31311 (Yarn Spinning Mill)
INVISTA Dalton	INVISTA Dalton 220 Boling Industrial Way Dalton, GA 30701	541710 (Research/Development)
INVISTA La Porte	INVISTA La Porte 12455 Strang La Porte, TX 77571 Tel: (281) 470-3434 Fax: (281) 470-3438	32511 (Petrochemical Manufacturing)
INVISTA Orange	INVISTA Orange 3055-A FM 1006 Orange, TX 77630 Tel: (409) 886-9285 Fax: (409) 886-9333	32511 (Petrochemical Manufacturing)
INVISTA Victoria	INVISTA Victoria 2695 Old Bloomington Hwy N Victoria, TX 77905 Tel: 361.572.1111 Fax: 361.572-2144	32511 (Petrochemical Manufacturing)


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