Memorandums of Understanding - Table of Contents|
| Information Date:||11/16/1999|
| Agreement Agency:||The Department of Defense|
MEMORANDUM OF AGREEMENT
THE DEPARTMENT OF DEFENSE
THE DEPARTMENT OF TRANSPORTATION
THE DEPARTMENT OF LABOR
THE ENVIRONMENTAL PROTECTION AGENCY
ON IMPLEMENTATION OF THE RECOMMENDATIONS
1. Enclosure (1), the Memorandum of Agreement on Interagency Coordination for ship scrapping has been executed by all requisite agency representatives. Enclosed provided for use and distribution throughout your respective organization as appropriate.
I. PURPOSE AND SCOPE
The scrapping of obsolete vessels presents many challenges. These include the structural complexity of the ships themselves, environmental and safety issues, and uncertainties about the domestic industrial base ane international markets. The Interagency Panel on Ship Scrapping (Panel), found that, while the Department of the Navy (DON), the Defense Logistics Agency (DLA), and the US Maritime Administration (MARAD), recognized the problems with past ship scrapping practices, more could be to improve the process both domestically and internationally. The Panel recommended, among other things, that Department of Defense (DoD, MARAD, Occupational Safety and Health Administration (OSHA), and the U.S. Environmental Protection Agency (EPA), coordinate and share information to improve both the scrapping and oversight process.
The purpose of this Memorandum of Agreement (MOA) is to document responsibilities and procedures for cooperation and coordination among DoD (specifically Navy, and the Defense Reutilization and Marketing Service (DRMS0 for DLA), MARAD, OSHA, and EPA in an effort to reduce work-related injuries and illnesses and to reduce environmental hazards associated with ship scrapping operations in the United States.
This MOA contains provision that:
1. Require Navy, DRMS and MARAD to notify OSHA and EPA that they have issued a Solicitation, the initial step in soliciting bids or offers for scrapping of government vessels;
2. Establish procedures for Navy, DRMS and MARAD to provide OSHA and EPA with the identity or entities that have contracted with NAVY, DRMS or MARAD to scrap government vessels;
3. Establish procedures to be used by OSHA and EPA to provide Navy, DRMS and MARAD with the compliance history of bidders or offerors on government vessels to be scrapped;
4. Establish procedures for Navy, DRMS and MARAD to notify OSHA and EPA of dates and locations of post-award/pre-performance conferences and for OSHA and EPA to coordinate with the appropriate headquarters and regional offices within their agencies as well as with any involved state agencies regarding the opportunity to participate in the post-award/pre-performance conferences;
5. Explain OSHA and EPA compliance activities and provide that OSHA and EPA will make every effort coordinate inspections of ship scrapping operations in appropriate circumstances, to facilitate the occurrence of joint visits when possible. Additionally, for EPA to conduct comprehensive, multimedia, environmental inspections of ship scrapping operations;and
6. Outline compliance response ane inspections at on-going ship scrapping sites.
A coordinated effort between Navy, DRMS, MARAD, OSHA, and EPA will utilize the resources of each Agency and in combination, will more effectively identify and regulate environmental and hazardous working conditions associated with the ship scrapping industry.
DoD and MARAD became concerned that some contractors participating in its ship scrapping and disposal programs were violating or potentially violating environmental and worker safety and health laws. DoD officials created a process to evaluate the program by convening a panel that included federal environmental, safety and occupational health experts to review the situation. The Panel issued a report in April 1998 that contained, among other things, an assessment of the contracting and oversight process. The coordination mechanisms established in this MOA are an outgrowth of the Panel's recommendations.
III. GENERAL PROCEDURES
A. Notification of Solicitation
Navy DRMS and MARAD agree to notify OSHA (Director of Compliance Programs) (hereinafter OSHA), and EPA (Director, Federal Facilities Enforcement Office) (hereinafter EPA), within 10 working days after a final Solicitation has been publicly issued.
B. Notification of Contract Award
Once a contract is awarded to scrap a vessel, navy, DRMS or MARAD will provide written notice to OSHA and EPA of the following information:
1. Date of Contract Award.
2. Contractor/ship breaker name, corporate offices/mailing address/phone number.
3. Notification of plans to move each vessel from its point of storage to the scrapping location and actual date(s) when each ship is removed by the contractor.
4. Location of the proposed scrapping operation and any change in location for scrapping.
5. The Navy, DRMS or MARAD Administering Contracting Officer with address, phone number, etc.
6. Projected completion date of contract.
7. A copy of the contract provisions which address occupational safety and health, as well as environmental compliance requirements.
Prior to a vessel moving from its point of storage to where it will be scrapped, Navy, DRMS and MARAD also agree to provide to OSHA and EPA a set of available general arrangement drawings (which are blueprints of the floor plans of the vessel), unless otherwise agreed upon. Other available documentation will be provided upon request.
C. Compliance History of Bidders
OSHA and EPA agree to provide compliance history information regarding bidders to Navy, DRMS or MARAD within 15 working days of receiving a request. This information will typically include:
2. Contractor/Subcontractor addresses at which inspections occurred
3. Dates of inspections
4. The number and nature of closed cases of specific standards violated (OSHA) or indication that Notice of Violation was issued (EPA)
5. Evidence of corrective action taken if available and failures to abate violations. OSHA will further provide the employer's (contractor's) history of willful/repeated violations and identify whether OSHA's investigation was accident of fatality related.
6. Penalties associated with closed cases of OSHA and EPA violations issued.
D. Notification of Post-Award/Pre-Performance Conferences
Navy DRMS and MARAD will advise OSHA and EPA of dates and locations of post-award/pre-performance conferences. OSHA and EPA will independently determine whether, based on the compliance history of the contractor or other relevant factors, they will send representatives to the post-award/pre-performance conference. EPA and OSHA shall be responsible for coordination with appropriate headquarters and regional offices within their agencies as well as with any involved state agencies. The parties agree that all such contacts may choose to attend post-award/pre-performance conferences. EPA and OSHA will identify such contacts to the Navy, DRMS or MARAD Administering Contracting Officer.
E. Compliance Response and Inspections
1. OSHA Compliance
Inspection Scheduling: OSHA and its field offices will develop appropriate emphasis programs for scheduling programmed inspections of ship breaking operations, which will be based upon solicitation and contract information submitted by Navy, DRMS or MARAD and other available information. Where a referral inspection is initiated, a copy of the OSHA referral form will be provided to the originating Navy/DRMS/MARAD contracting office.
Inspection Procedures: If upon arrival at the site, right of entry is an issue, the Navy/DRMS/MARAD Administering Contracting Officer will be notified immediately. Such notification shall be accomplished by the most expeditious method available, including, but not limited to, telephone, fax, or in writing.
During the opening conference with the employer, the OSHA Compliance Officer will inform the employer that the inspection was initiated as a result of a referral. The employer will be provided with a copy of the referral. The Navy, DRMS and MARAD Administering Contracting Officer shall be invited to the closing conference with the employer at the completion of the inspection, so they may designate a representative to attend.
The inspection procedures will be in accordance with OSHA's Field Inspection Reference Manual (a document that prescribes inspection procedures for all types of OSHA inspections).
Post Inspection Procedures: Following completion of inspection initiated under the provision of the MOA, the respective OSHA Area Office will transmit to the Navy, DRMS or MARAD Administering Contracting Officer copies of citations used.
2. EPA Inspection Procedures
EPA decisions whether to conduct compliance inspections at a ship scrapping operations will be made by staff in the appropriate EPA regional office in consultation with EPA's Federal Facilities Enforcement Office. EPA does not necessarily give advance notice of inspections. If advance notice is given to a ship scrapping contractor or subcontractor, the same advance notice will also be given to the Navy DRMS, or MARAD Administering Contracting Officer. Any information shared with a ship scrapping contractor or subcontractor in the close-out interview following an inspection will also be shared with Navy, DRMS or MARAD, as appropriate.
Because of the number of statutes applicable to the ship scrapping industry, EPA generally will conduct comprehensive multimedia environmental inspections of ship scrapping operations. However, individual media inspections might be conducted as appropriate.
A typical investigation of a ship scrapping facility would generally include: a pre-inspection review of EPA and state regulatory databases and files, and on-site inspection of the scrapping facility, exit conferences between regulatory and contractor and/or subcontractor personnel after the on-site inspection to discuss preliminary inspection findings, report preparation and enforcement case development if appropriate. Inspections would be conducted consistent with EPA's Multimedia Compliance Monitoring Investigation Protocol for the ship Scrapping Industry, February 1999.
3. Joint Coordinated Inspections
EPA and OSHA agree to conduct, where appropriate, joint coordinated inspections of ship scrapping operations. These inspections should provide a more comprehensive and efficient approach to maintaining compliance with all applicable environmental and occupational requirements.
F. No Private Right of Action
Nothing in this agreement is intended to diminish or otherwise affect the authority of any agency to carry out its statutory, regulatory or other official functions, nor is it intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies or officers, state agencies or officers carrying out programs authorized under federal law, or any other person. Navy DRMS and MARAD personnel are not agents of OSHA or EPA and their presence in no way relieves ship scrapping employers/contractors or employees of their responsibilities under the OSH Act or Federal environmental laws.
IV. INTERAGENCY COMMUNICATIONS
To provide for consistent effective communications among the signatories to this MOA, the points of contact in Navy, DRMS, MARAD, OSHA and EPA shall be:
In addition, these points of contact shall be responsible for coordination with appropriate headquarters and regional offices within their respective agencies, as well as with state agencies.
V. EFFECTIVE DATE, AMENDMENT AND TERMINATION
This MOA is effective upon the date of the last signature by the parties and shall remain effective indefinitely, unless, and until modified in writing by mutual consent of all parties or terminated in writing by any party upon 30 days advance notice to the other signatories. The parties agree to meet five years after the date of last signature to assess the effectiveness of this MOA.
This MOA does not preclude any of the parties from entering into separate agreements setting forth procedures for other programs which can be addressed more effectively and expeditiously by special agreement.
Memorandums of Understanding - Table of Contents|