American Sugar Refining, Inc. and Subsidiaries

COMPANY RULES AND REGULATIONS
(Effective December 12, 2012)

Contractor and Contractor’s Workforce shall be subject to and abide by these Rules at all times while on Company Property. Each Company Property may supplement these Rules or have additional rules and regulations specific to their location.

1. Defined Terms. As used in these Rules (including the foregoing preamble), the following terms have the meanings specified below:

Affiliates
means any entity which controls, is controlled by or is under common control with Company. The term “control” means the ownership, directly or indirectly, or the power to direct the voting or disposition, of fifty percent or more of the voting stock or equity interests of the subject entity.


Company
means the company to whom Contractor is providing services or work – that being, Domino Foods, Inc., American Sugar Refining, Inc., C&H Sugar Company, Inc., and/or any of their respective Affiliates.


Company Property
means a property that is owned or controlled by Company, which may include, but not limited to, refineries, power plants, packaging, storage, and distribution facilities, labs, offices, hospitality centers.


Contractor
means any person or entity providing services to the Company on Company Property.


Contractor’s Workforce
means any employee, subcontractor, agent, supplier, independent contractor, or materialman of Contractor.


Laws
means any federal, state, regional or local laws, rules, regulations or ordinances.


Rules
means these Company Rules and Regulations.


Services
means any services or work being or to be performed by Contractor or Contractor’s Workforce for the Company Property.


Violation
means any failure of Contractor or Contractor’s Workforce to comply with the Rules, including the attached Visitor Release and Confidentiality Agreement, notwithstanding any oral or written contractual provision to the contrary.

2. Contractor's Safety Responsibilities.

  • Prior to commencing Services, Contractor shall:
    1. Deliver to Company a Visitor Release and Confidentiality Agreement in the form attached hereto as Exhibit 1 executed by Contractor and each individual member of Contractor’s Workforce that will be entering upon Company Property; and
    2. Provide Company with applicable Certificates of Insurance for Contractor and Contractor’s Workforce in a form and with policy limits and conditions satisfactory to Company;
  • Contractor and each member of Contractor’s Workforce performing Services will attend safety and process meetings if requested by Company to do so.
  • Visitors are not permitted on Company Property. If it becomes essential that a Visitor be present, the Visitor must sign a Visitor Release and Confidentiality Agreement, be subject to these Rules, be escorted by the Contractor to the site, and be accompanied by Contractor at all times. The purpose of the visit must be limited to the Services and jobsite.

3. Security and Access.

  • Company will advise Contractor of the gate and parking requirements at the applicable Company Property. Contractor may be assigned a separate gate for entry and exit and provided a designated area for parking and if gate passes are required, the Company may require that each vehicle used by Contractor Workforce obtain one. Passes are not to be shared between vehicles unless expressly permitted by the Company.
  • All vehicles, packages, and lunch buckets of Contractor are subject to inspection by Company or Company’s security officers. Persons attempting to remove Company or third party property from the jobsite or Company Property without authorization may be barred from the Company Property and subject to prosecution.
  • Cameras and recording devices of any type are not allowed on Company Property without prior written permission of Company. Cellphone cameras shall not be used while on Company Property.
  • Firearms, deadly weapons, explosives, alcohol or drugs are prohibited on Company Property.
  • Contractor and Contractor’s Workforce shall comply with the Company’s security requirements which may include, amongst other requirements, producing government issued photo identification and the Company taking a photo of the Contractor and Contractor’s Workforce in order to be granted access to a Company Property.

4. Vehicle and Pedestrian Traffic Safety.

  • Contractor will be limited to only those pieces of mobile equipment required to perform the Services and such mobile equipment must not block Company Property roads, fire lanes, hose houses, fire hydrants, or emergency egress routes.
  • All vehicles are to be operated at a safe speed and in accordance with all applicable Laws and all traffic signs are to be obeyed.
  • Contractor and Contractor’s Workforce must watch out for and yield to cranes and fork trucks which shall be given the right of way.
  • When performing Services on roadways or near moving equipment, a reflector vest must be worn at all times.
  • Crawling under, over, or between connected railcars is prohibited. All persons must walk around the ends of the trains and must maintain a minimum distance of eight feet from the end of the railcar.
  • Riding on the back (bed) of vehicles, including pick-up trucks, is prohibited.

5. Contractor's Workforce.

  • Contractor’s Workforce is physically limited to the jobsite and approved routes to be taken to and from the jobsite. Unless prior approval is granted by Company, access is prohibited to Company cafeterias, lunchrooms, vending machine areas, break rooms, and sanitary facilities. Contractor will supply chemical toilets and drinking water for Contractor’s Workforce, unless prior written approval has been provided by Company for other arrangements.
  • Contractor is responsible for providing:
    1. A means of communication with Contractor’s Workforce and with Company while such personnel are on Company Property and such means of communication shall be acceptable to Company.
    2. Contractor’s Workforce with the necessary and appropriate safety equipment.
  • Contractor shall ensure that Contractor’s Workforce:
    1. Wear long pants and shirts that are tucked into trousers.
    2. No sleeveless shirts, or loose fitting clothes be worn.
    3. No jewelry shall be worn.
    4. Long hair must be restrained.
    5. Footwear must be leather steel-toed shoes.
    6. Only smoke in designated smoking areas.

6. General Procedures and Safety Requirements.

  • APPROVAL MUST BE OBTAINED FROM A COMPANY REPRESENTATIVE BEFORE SHUTTING DOWN ANY COMPANY SYSTEMS OR EQUIPMENT.
  • Contractors are to utilize ground fault circuit interrupters on all 120 volt equipment. GFCIs shall be used in manner where the GFCI is plugged into the electrical outlet box being used with all extension cords and equipment then plugged into the GFCI.
  • Compressed air is not to be used for cleaning, including the cleaning of dust from clothing.
  • Compressed gas cylinders must be secured at all times and caps on when not on welding carts. Acetylene and Oxygen must be stored separately at least 25 feet from each other.
  • Electric extension cords, welding electric cords etc. with kinks or cuts are not to be use on any job, and electrical tape is not allowed to fix same, a certified electrician is the only person that can properly fix electrical cords, otherwise they will have to be replaced.
  • Contractor shall not tie into any energy source (electric, gas, air pressure, steam, etc.) without prior approval from Company.
  • The use of fiberglass ladders is preferred in the performance of Services and is required for electrical Services. Where scaffolding is required, Contractor is responsible for assuring its construction and use in accordance with applicable safety standards.
  • The possession and use of matches, lighters, strikers, or other potential ignition sources on Company Property are strictly prohibited, except to the extent same is integral in Contractor’s performance of the Services. Before welding, grinding, or using open flames, torches, and other types of equipment producing sparks, a “Hot Work” permit must be obtained from Company.
  • Fire doors must not be propped open or obstructed. Emergency exits must not be obstructed or fastened shut.
  • Contractors must properly barricade holes in floors, excavations, and other openings at all times. When persons are working overhead, the area below must be barricaded and warning signs installed. Contractors must provide ground-men for overhead work as necessary or if requested to do so by Company.
  • A “Confined Space Entry” permit must be obtained from Company and completed by Contractor before entering into any confined space, vessel, or equipment. All personnel must be trained in all relevant duties prior to entry and Contractor shall furnish their own monitoring and emergency equipment.
  • For control of hazardous energy sources to any equipment and/or work area, a “Lockout/Tagout” procedure shall be reviewed prior and followed at all times. Contractor shall supply all necessary control devices.
  • Prior to bringing any hazardous, toxic or radioactive chemicals, materials or substances (collectively, “Hazardous Materials”) on to Company Property, Contractor must obtain written permission from Company and provide Company with all applicable Material Safety Data Sheets (“MSDS”). Contractor will comply with all applicable Company requirements, Laws and EPA rules and regulations regarding the use, handling, labeling and storing of Hazardous Materials at all times while on Company Property. The MSDS must be available for inspection at all times at the jobsite. Contractor will work with the Company’s Environmental Manager for the Company Property regarding compliance with the foregoing. The introduction of any radioactive materials onto Company Property must be supervised by the Company’s Radioactive Safety Officer for the Company Property.
  • Contractor must provide Company with information about any possible Hazardous Materials that may occur from Contractor’s performance of the Services. All Hazardous Materials generated as waste will be reported to the Company, including quantity, along with a copy of the manifest. Contractors disposing of Hazardous Materials must supply a copy of DOT training to the Company; and no such Hazardous Materials can be removed without proof of such training. Contractor will work with the Company’s Environmental Manager for the Company Property regarding compliance with the foregoing.
  • Flammable liquids will be appropriately labeled and stored in U.L. approved safety containers which are properly grounded. Oily rags, waste, waste paper and other flammable or combustible materials must be properly stored in tightly closed metal containers. No glass containers are allowed in any operating facilities of Company Property. All containers must be properly labeled and stored.
  • Areas to be used by Contractor for offices, storage trailers, or fabrication will be arranged through Company and all such areas, including the jobsite, shall be maintained by Contractor in an orderly fashion.
  • To prevent product contamination and to avoid the creation of an unsafe condition, all debris and garbage produced by Contractor must be cleaned up and properly disposed of on a daily basis by Contractor. Such disposal will follow all applicable Laws, including EPA regulations.
  • Many internal drains return to process and yard/storm drains which may discharge into lakes, rivers and streams. Consequently, prior approval must be obtained from Company before the use of any building and sanitary drains. Other than precipitation, no water of any type, including clear, clean potable water, nor any other materials may be discharged into storm water drains.
  • The storage of Contractor’s or Contractor’s Workforce’s property, including, but not limited to, equipment, tools, vehicles, materials and personal property (collectively, “Contractor’s Property”) on Company Property must be approved by Company. Such storage is at Contractor’s risk and Company is not responsible for any loss or damage to, or to provide security for, Contractor’s Property while stored on Company Property.
  • In the event Contractor is authorized to utilize any Company equipment, tools, vehicles or materials (collectively, “Company Equipment”), then Contractor shall do so at its own risk and is responsible for any loss or damage to the Company Equipment. No Company Equipment will be released unless it is properly charged out to Contractor. Contractor’s personnel operating any Company Equipment must be qualified to safely operate the specific equipment in question.
  • Contractor must immediately report to a Company representative any damage to Company Equipment or Company Property.

7. Emergency Procedures.

  • Any accident and/or incident occurring on Company Property must be immediately reported (day of occurrence) to Company and an investigation will follow. Company reserves the right to participate in investigations to the extent deemed appropriate by Company. A copy of any first report of injury completed by Contractor must be provided to Company within 24 hours of the accident or injury.
  • Contractor must immediately stop all Services in areas where it is determined that a hazardous condition exists. Contractor may resume the Services only when authorized by Company to do so.
  • If Contractor or any member of Contractor’s Workforce believes they have been exposed to any Hazardous Materials, an incident report must be submitted to Company.
  • Emergency drills will be conducted periodically while Contractor is on Company Property. Contractors are required to participate in the emergency drills. Contractor and Contractor’s Workforce must familiarize itself with the emergency procedures and evacuation plans of the area in which Services will be performed.
  • Contractor and Contractor Workforce are not allowed to use the manlifts.
  • Company may provide first aid for minor injuries or medical response on a “Good Samaritan” basis only and not as a contractual obligation. Contractor assumes full and complete responsibility and liability for injuries and damages to Contractor, Contractor’s Workforce and Contractor’s visitors. Company is under no obligation to provide first aid, emergency medical treatment, or related services.

7. Violations. In the event of a Violation, Company may, in its discretion, (a) remove the individual(s) that are in Violation from the project or jobsite; (b) deduct from Contractor’s invoice, for each Violation, the greater of (i) $500 (the “Fine”) or (ii) the amount equal to all fines and penalties assessed against Company by applicable Laws; and/or (c) immediately terminate Company’s contracts with Contractor. The Fine shall increase by $500 for each subsequent Violation.


EXHIBIT 1

AMERICAN SUGAR REFINING, INC. AND SUBSIDIARIES

Visitor Release and Confidentiality Agreement

I am a contractor, subcontractor, materialman, or an employee of a contractor, subcontractor or materialman providing services or materials to Domino Foods, Inc., American Sugar Refining, Inc. and C&H Sugar Company, Inc. and/or any of their respective affiliated companies (collectively, the “Company”). In consideration of receiving permission from the Company to enter upon the Company’s properties, which may include, but not limited to, refineries, mills, power plants, packaging, storage, and distribution facilities, labs, offices, kitchens and lounges, and other properties owned or controlled by the Company (the “Properties”) during the period of services or work being performed by my employer or principal, I hereby release the Company, its employees, officers, directors, agents and assigns, from all liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage or injury, including death, that may be sustained by me, or any of my property, while on the Properties even if caused by Company’s negligence, negligent act and/or negligent condition.

I am aware that the Properties contain known and unknown inherent risks, dangers and hazards, including, but not limited to, risks involving vehicles, moving machinery, equipment, uneven or slippery surfaces, explosion, fire, smoke, gases, steam, chemicals, emissions and other conditions. Nonetheless, I elect to voluntarily enter upon the Properties, waive notice of any and all risks and hazardous or negligent conditions existing at the Properties, and voluntarily assume all risks of loss, damage or injury, including death, that may be sustained by me, or any property of mine, while on the Properties even if caused by Company’s negligence, negligent act and/or negligent condition.

I acknowledge that, as a result of entering on the Properties, I may obtain information about the Company which is proprietary or confidential, such as manufacturing methods and processes, equipment, and designs (collectively, “Confidential Information”), and I agree that I will not disclose such Confidential Information to any other person or use it for any purpose adverse to the Company.

I agree not to photograph, tape, record, film, or create any drawings, sketches, notes, printed information, interior photographs, films, and tapes, or memoranda of, or regarding, the Properties or any Confidential Information without Company's prior written consent.

I agree to abide by the Company's hygiene, safety, and dress codes and the directions of Company representatives. This Agreement may be revoked at any time by the Company in its sole discretion. This Agreement shall be binding upon my heirs, next of kin, executors, administrators, personal representatives, agents and assigns.

In signing this Agreement, I hereby acknowledge and represent that I have read the foregoing Agreement, understand it, and have signed it voluntarily.

Signature:  
Date:  
Printed Name:  
Address: