LyondellBasell Industries LyondellBasell Tower, Suite 300 1221 McKinney Street Houston, TX 77010 P.O. Box 3646 (77253-3646) RULES FOR CONTRACTORS Revision Number: 4 Revision Date: 03/20/15 Valid Until 04/30/16 1. EQUISTAR CHEMICALS • LYONDELL CHEMICAL • LYONDELLBASELL ACETYLS, LLC HOUSTON REFINING LP • TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................. 4 2. DEFINITIONS and ACRONYMS.......................................................................................... 5 2.1. Definitions .................................................................................................................. 5 2.2. Acronyms ................................................................................................................... 5 3. GENERAL HEALTH, SAFETY, ENVIRONMENTAL AND SECURITY REQUIREMENTS FOR CONTRACTORS ......................................................................................................... 5 3.1. Identification Badges ................................................................................................ 6 3.2. Site Specific Safety and Security Requirements ..................................................... 7 4. SECRECY POLICY.............................................................................................................. 7 5. CRANE AND RIGGING REQUIREMENTS .......................................................................... 7 5.1. CRANE and Rigging Standards ................................................................................ 7 6. SAFETY AND HEALTH REQUIREMENTS ......................................................................... 7 6.1. Process Safety Management .................................................................................... 7 6.2. Contractor Responsibilities ...................................................................................... 7 6.3. Drug and alcohol testing required for all US owner facilities ................................. 8 6.4. Personal Protective Equipment ...............................................................................10 6.5. Respiratory Protection .............................................................................................10 6.6. Purchased Breathing Air ..........................................................................................10 6.7. Hazard Communication ............................................................................................11 6.8. Toxic Substance Control Act (TSCA) ......................................................................11 6.9. Safe Work Permits ....................................................................................................11 6.10. Lockout/Tagout.........................................................................................................11 6.11. Confined Space ........................................................................................................11 6.12. Utility Hoses & Fittings ............................................................................................12 6.13. Working at Heights ...................................................................................................12 6.14. Preventing Falling Objects Preferred Practice .......................................................12 6.15. Incident Reporting ....................................................................................................12 6.16. Medical Treatment ....................................................................................................13 6.17. Reporting an Emergency .........................................................................................13 6.18. Responding to an Emergency Alarm ......................................................................13 7. Off-Site Emergencies ........................................................................................................13 1. EQUISTAR CHEMICALS • LYONDELL CHEMICAL • LYONDELLBASELL ACETYLS, LLC HOUSTON REFINING LP • 8. ENVIRONMENTAL REQUIREMENTS................................................................................13 9. SECURITY ..........................................................................................................................14 9.1. Personnel Surety ......................................................................................................14 9.2. Background Screening Standard ............................................................................15 9.3. Transportation Workers Identification Credentials (TWIC) ....................................17 9.4. Prohibited Items .......................................................................................................17 9.5. Contact with media ...................................................................................................18 9.6. Communication and Camera Equipment ................................................................18 10. CONTINGENT LABOR WORKFORCE ..............................................................................18 10.1. Workplace Violence Prevention: .............................................................................18 10.2. Monitoring, Searches and Investigations: ..............................................................18 10.3. Notification of Illegal or Unethical Conduct ............................................................19 10.4. Alcohol and Drug-Free Workplace: .........................................................................19 11. COMPANY PIPELINE CONTRACTORS ............................................................................19 11.1. Company Operator Qualification (OQ) Program Requirements ............................19 APPENDIX APPENDIX 1: SECRECY POLICY APPENDIX 2: CAMERA / VIDEO PERMIT APPENDIX 3: NORTH AMERICAN SUPPLIER QUALIFICATION WAVER FORM APPENDIX 4: CONTRACTOR ACCEPTANCE FORM APPENDIX 5: SITE SPECIFIC SAFETY AND SECURITY REQUIREMENTS Page 3 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC RULES FOR CONTRACTORS NOTE: Contractor’s health and safety record will be evaluated before conducting business with LyondellBasell Industries, whose legal entities are as follows: Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC. Contractor’s performance will be evaluated periodically during the course of the work to insure that Contractor and their Subcontractors maintain adequate safety and health programs to enable Contractor and their Subcontractors to be eligible to continue business with the above-mentioned entities. For the purposes of clarity throughout this document, Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC are referred to collectively as “Company”. IN THE EVENT THAT CONTRACTOR HAS ANY QUESTIONS CONCERNING THE APPLICATION OF THESE RULES OR QUESTIONS CONCERNING THE DESIGNATION OF AREAS, CONTRACTOR SHOULD IMMEDIATELY STOP THE WORK AND CONTACT THE COMPANY’S CONTRACTOR HOST AND/OR THEIR LYONDELLBASELL SITE CONTACT. 1. INTRODUCTION These Rules for Contractors (“Rules”) have been developed to ensure that Contractor employees working at any U.S. Company site understand policies and procedures in Company’s facilities and describe the established health, safety, environmental, operational, and administrative procedures applicable to all operations in these facilities. These Rules specify Company’s minimum expectations concerning the standards of behavior and safe work requirements followed by Company employees so that Contractor employees will be familiar with these procedures. Procedures governing interaction with Company employees and site operational systems are also included. These Rules are based on the firm belief of Company management that a safe and environmentally sound workplace is essential to the operation of an efficient and well-run organization and directly contributes to success in a competitive marketplace. These Rules are general in nature, and are not intended to provide complete and detailed instructions for specific work. Regulations (OSHA, EPA, etc.) and Company’s procedures and policies should be considered minimum requirements. Contractor is expected to follow generally accepted good industry practices and to develop and follow their own safe work practices. It is the responsibility of Contractor to disseminate and enforce these Rules with their employees, Subcontractors and their employees, and to insure that these employees comply with all applicable laws, rules, and regulations. In order to Work at any Company facility, the Contractor’s Health, Safety, and Environmental (HSE) programs must be evaluated. Company’s Supplier Management Administrator administers the Contractor evaluation process. Contractors must follow the process outlined on the LyondellBasell web page (http://www.lyondellbasell.com/contactandsupport/SupplierInformation/ ). The process covers the major elements of our HSE evaluation. Company reserves the right to conduct periodic performance audits, and Contractors are required to perform self-audits at specific sites. Contact your Company Contractor Host for specifics on self-audits. Contractors shall review these Rules before submitting a bid and will review these requirements periodically to ensure that Contractor and their employees and Subcontractors have the latest version of this document, which can be accessed on the LyondellBasell Internet website using the following URL: http://www.lyb.com/contactandsupport/SupplierInformation/RulesforContractors/ Prior to beginning Work (or for master agreement contract at least once a year), Contractor shall sign the Contractor Acceptance Form (see Appendix 4) and return the executed copy to the Supplier Page 4 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Management Administrator PQF@lyb.com. Two reference copies of Rules for Contractors shall be maintained by Contractor; one copy at the jobsite and another at Contractor's office. However, if a Contractor is issued a “site specific” safety manual or document for the specific site where Contractor is working, it is not necessary to have a copy of the Rules for Contractors on-site. NOTE: Regulations and requirements are constantly changing. Contractors are required to comply with all applicable laws, regulations, and standards that cover Contractor's Work at any of Company’s sites. The Rules for Contractors will be revised periodically. The latest issue shall be a part of all onsite service contracts and may be obtained electronically from Company’s Internet website located at the following URL: http://www.lyb.com/contactandsupport/SupplierInformation/RulesforContractors/ or a hardcopy can be emailed from Company Supplier Management Administrator PQF@lyb.com upon request. 2. DEFINITIONS AND ACRONYMS 2.1. 2.2. DEFINITIONS Term Definition Company Contractor Host The Company Contractor Coordinator, Contact Representative, Point of Contact individual responsible for overseeing the Work of Contractor while Contractor is working at any North American (NA) Company site. Work The defined activities required to fulfill the Contractor's obligations under an agreement or contract. GoalZERO Is the expectation to Work with zero incidents, zero rule breaking, zero mistakes, zero injuries, zero defects Contractor The entity or individuals contracted by Company to perform specific work. This definition includes Subcontractors who may be hired by the primary Contractor to perform certain parts of the agreed-upon work. The term “Supplier” shall also mean “Contractor” for the purposes of this document. ACRONYMS Acronym Definition GAPS Global Approver Provider System HASC Houston Area Safety Council TPQMS Third Party Qualification Management System NASAP North American Substance Abuse Program TWIC Transportation Workers Identification Credential 3. GENERAL HEALTH, SAFETY, ENVIRONMENTAL AND SECURITY REQUIREMENTS FOR CONTRACTORS Company Health, Safety, and Environmental goals are to manage and operate its facilities in a GoalZERO manner that protects the health, safety and security of all personnel working at the facilities, the public, and the environment. Consistent with this goal, Company will award business to Contractors that demonstrates conscientious health, safety, and environmental commitment. To promote performance, the following criteria must be satisfied by all Company site projects, processes, or maintenance services Contractors; Contractors that handle, store, or transport our products; and other select Contractors based on the level of risks: Page 5 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Contractor shall provide their employees with formal training in health, safety, and environmental procedures, and other skills as required. Contractor must have policies and processes in place to report, investigate, and take action to prevent health, safety, environmental, and security incidents and any recurrence of such incidents. Contractor must have process to conduct periodic health, safety, and environmental audits and inspections and correct findings in a timely manner to promote continuous improvement. Contractor shall provide a workforce with English proficiency sufficient to understand safety procedures, process hazard overviews, and emergency response. Contractor shall provide documentation and/or assessments to Company of procedures, processes, and programs to demonstrate conformance with the LyondellBasell Contractor policy. Contractor shall insure that the level of performance in health, safety, environmental and security conforms to the LyondellBasell Contractor policy and through audits and reviews, address any deficiencies. Contractor shall insure their employees meet OSHA hearing conservation and medical surveillance programs based on Contractor employee’s exposure levels. Contractor must have a drug and alcohol testing program as outlined in section 6.3 of this document. Contractor that fall outside of North American Substance Abuse Program (NASAP) must have a written substance policy. The policy shall include pre-placement testing, random testing, testing for cause, and post incident testing. Contractor must adhere to the security personnel background screening requirements as outlined in Section 9.1 of this document. Contractor shall provide site HSE with their plan for how occupational injury/illness cases will be managed. Contractor shall be responsible for ensuring that all Contractor employees are equipped with approved personal protective equipment. Contractor may implement more stringent requirements for their employees than what is required by the Company. Contractor is responsible for supplying all personal protective equipment (such as hard hats, safety glasses, fall protection, respirators, fire retardant garments, etc.) to their employees, or as defined in their individual Contract language. Contractor shall provide Company with home addresses, phone, cell phone, and pager numbers for all Contractor’s key management personnel responsible for execution of Work (24 Hours/7 days week). In addition, Contractor shall provide emergency contact information for any executive sponsor and corporate safety individuals. Contractor’s employees must attend orientation/training prior to initial Work for Company sites and orientation/training must be repeated annually. Orientation will include a review of Contractor’s and Company’s safety policies, traffic plans, prohibited areas, prohibited actions, and site-specific information or requirements. This orientation will be conducted after all other safety training required by Company. 3.1. IDENTIFICATION BADGES Any Contractor employee entering a Company site(s) must have a Contractor company picture ID badge for identification in addition to proof of completing the approved safety orientation program. Identification Badges are required while within the confines of the jobsite, all Contractor and Subcontractor employees, as well as all other visitors shall visibly display a numbered, tamper proof badge issued to them by Contractor or the Company. The identification card must indicate that employees have the proper site-required safety training prior to entering the facility. The Company issued badges must be returned after completion of the Work. All representatives, agents, servants, and employees of Contractor or any of their Subcontractors performing Work at any jobsite or visiting the plant for any purpose shall be furnished with satisfactory credentials authorizing them to enter and leave the jobsite. Page 6 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Contractor personnel must have a valid federal or state issued photo employee identification card in their possession in order to enter Company’s facilities. For those Company facilities that are regulated by the US Coast Guard: Transportation Worker Identification Credentials (TWIC) must be shown for all personnel requiring unescorted access to the jobsite. See Section 9.3 for additional information and Appendix 5 for sites with this requirement. 3.2. SITE SPECIFIC SAFETY AND SECURITY REQUIREMENTS See Appendix 5 for Site Specific Safety and Security Requirements for Company’s Domestic Plant, Research Centers and Shared Services Locations (USA) (BY PLANT LOCATION). 4. SECRECY POLICY Contractor and their Subcontractors shall fully comply with Company’s Secrecy Policy (Appendix 1) and insure that Contractor’s employees do not release any information (including drawings, engineering specifications and data, process, operating, maintenance data, or intellectual property, whether in hard copy or electronic format) to third parties without the approval of your Company Contractor Coordinator. Contractors that have an executed contract containing proprietary and/or confidentiality information provisions are required to comply with the provisions in such contracts and such provisions will govern over the standard secrecy policy attached hereto as Appendix 1. If Contractor is requested to acknowledge the latest version annually and they have an executed contract with proprietary information defined, they can state the contract number on the acknowledgment form and return to the LyondellBasell Supplier Management Administrator (PQF@lyb.com). 5. CRANE AND RIGGING REQUIREMENTS 5.1. CRANE AND RIGGING STANDARDS LyondellBasell Crane and Rigging Standard defines the minimum requirements for crane and rigging activities performed on Lyondell Chemical Company, Equistar Chemical, LP, LyondellBasell Acetyls, LLC and Houston Refining sites, including the qualification and certification of personnel performing mobile crane operation and rigging activities, lift planning, and inspection requirements for all lifting equipment and hardware. US Only – Crane and Rigging Work Process for US Sites 6. SAFETY AND HEALTH REQUIREMENTS 6.1. PROCESS SAFETY MANAGEMENT This process applies to Contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a process area. It does not apply to Contractors providing incidental services that do not influence process safety such as janitorial services, clerical services, and food service suppliers. 6.2. CONTRACTOR RESPONSIBILITIES Comply with Company’s requirement to subscribe and/or register into Third Party Qualification Management System (TPQMS). Ensure that Contractor’s employees and their Subcontractor employees are trained in the work practices necessary to perform their job safely. Ensure that Contractor’s employees and their Subcontractor employees are instructed in the known potential fire, explosion, or toxic release hazards related to their job and the process, and in the applicable provisions of the emergency action plan. Document that each of Contractor’s employees and their Subcontractor employees has received and understands all required training. Documentation includes identification of Page 7 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Contractor’s employee, the date of training, and the means used to verify that such employee understood the training. 6.3. Ensure that each of Contractor’s employees and their Subcontractor employees follows the safety rules of the facility where the Work is being performed; including the required safe work practices required by the Company’s operating procedures. Ensure that none of Contractor’s or their Subcontractor employees, who have violated any policy or procedure of Company who would warrant removal from the premises or termination of the relationship, is allowed to remain or be placed at any Company facility. Contractor shall communicate with Contractor Host and/or Site Security of any Contractor’s employees or their Subcontractor employee’s removal. Contractor shall ensure their assigned security badges are returned and/or de-activated immediately. Advise Company of any unique hazards presented by Contractor’s work or Subcontractor’s work. This includes stopping the work when, in their opinion, there is an unsafe condition that may cause immediate injury or damage to equipment. Report all site work-related injuries and illnesses immediately to Company’s site HSE Department and Contractor Coordinator. Make all written Contractor HSE policies and programs available to Company. Ensure that each employee performing DOT activities meets all applicable DOT regulatory requirements. Provide, maintain, and inspect all personal protective equipment. Ensure any Subcontractor providing services have been qualified by the Company Ensure there is a process in-place for self-audits and auditing of their Subcontractors for adherence to safety policies and guidelines DRUG AND ALCOHOL TESTING REQUIRED FOR ALL US OWNER FACILITIES Company is a member of the North American Substance Abuse Program (NASAP), and requires that all Contractors working at sites identified in Appendix 5 participate in this Program. Company requires that its Contractors and their Subcontractors abide by the rules of the NASAP process which shall include, but are not be limited to pre-placement testing, random testing, testing for cause, and post-incident testing. Exclusions to these requirements can be found in this Section 6.3.1 In addition, Company requires that its Contractors and their Subcontractors abide by the following Rules: Contractor and their Subcontractors agree that as a condition for entry into any Company, subsidiary, jointly owned, or authorized agent facility (hereinafter jointly referred to as “Company“) that all employees and agents are required to consent to a drug and alcohol test to verify compliance with Company and NASAP policies, rules, and procedures. No employee, agents and Subcontractor may enter or work at Company facilities until the individual has been granted a status of “active” and all other requirements of Company have been met. This requirement includes Contractor’s home office personnel that are assigned to Company’s jobsite. Any of Contractor’s employees, agents and Subcontractors who, while assigned to work for the Company violate a Company policy or procedure that would warrant termination of the relationship or removal from the Company’s premises shall be deemed ineligible to work at, be assigned to, and/or have access to any Company facility. This includes but is not limited to a non-negative test result, refusal to test, not timely arriving for a test and/or, any other reason that would warrant an inactive status. Contractor employees, agents, and Subcontractors will not be allowed on Company premises or allowed to work on a Company assignment, while a drug/alcohol postaccident/incident test results are pending. After notification of a verified non-negative test by the Medical Review Officer (MRO), the Contractor Employee will be classified "Inactive" and will not be allowed access to any Owner’s sites until the following NASAP ““Post-Non-Negative Rehabilitation” requirements are satisfied. Page 8 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC These Rules and the provisions of the NASAP program may change for time to time. It is Contractor’s responsibility to ensure compliance with the requirements at all times. The Company or its authorized representative shall have the ability to audit records pertaining to drug and alcohol testing of Contractor, agents and, Subcontractors to ensure compliance. Contractor’s failure to comply with NASAP and/or Company approved drug and alcohol-testing policies or Rules for Contractors may result in removal from the Company’s facility and termination of any contract. 6.3.1.1. SERVICES EXCLUDED FROM NASAP PROGRAM (PROVIDERS AND LOCATIONS) LyondellBasell NASAP committee has identified and communicated LyondellBasell requirements to those providers that fall under North American Substance Abuse Program (NASAP) compliance requirements. However there are some Suppliers that are not required to be NASAP compliant based on specific services. Please be advised that Suppliers on this list are not permanently exempt from adhering to NASAP. However, at this time within the realms of NASAP they are exempt unless the specific site decides otherwise. The Supplier types are as follows: 6.3.1.2. MANDATED PROGRAMS Any Supplier employee is exempt from NASAP provided they comply with and are enrolled in a federally mandated drug-screening program (i.e., DOT, US Coast Guard), and carry an identification card validating that they are in good standing. Examples of this category are Delivery, HAZMAT drivers, Tankermen, Surveyors, concrete/limestone/sand deliveries and services, raw material deliveries, equipment deliveries, and hopper truck trans-loading services. For Administrative staff employees that are not governed by a government mandated program as stated above, the Supplier company must submit on an annual basis a report stating that such employees have been monitored under the Supplier company program that is comparable to the minimal requirements under the government mandated program. Documented proof must be carried (card or letter stating that they are in good standing) for such administrative personnel when visiting any Company facility. 6.3.1.3. DELIVERY/COURIER COMPANIES Examples of delivery companies that enter various LyondellBasell facilities are: UPS, FedEx, Roadway Freight, Yellow Freight, NAPA, Hotshot, Port-a-Can, Vending Machine, and Food Services that are dropping off food. These Suppliers are not providing a service that could impact the process and therefore, are exempt from NASAP. 6.3.1.4. CONSULTANTS Consultants may also be exempt from compliance with NASAP; however these exceptions will be on case-by-case bases and will require a Qualification Waiver Form. Appendix 3 6.3.1.5. IT TECHNICIANS AND IT CONSULTANTS IT technicians and IT Consultants are exempt from compliance with NASAP; however these exceptions are based on the fact that the IT employer has a drug and alcohol program in place and monitors employees for compliance. 6.3.1.6. OFFICE SERVICE COMPANIES Copiers and Fax machine personnel entering LyondellBasell facilities shall be exempt from NASAP compliance. Page 9 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC 6.3.1.7. MEDICAL PROVIDER COMPANIES 6.3.1.8. LOCATIONS Suppliers entering Equistar Clinton (CLO) facility will not be required to adhere to the NASAP compliance guidelines. Other sites exempt from NASAP include Cincinnati Research Center (CTC), Newtown Square (NTO), and LyondellBasell Tower (LBT). Contractor that fall outside of North American Substance Abuse Program (NASAP) must have a written substance policy. Any questions or concerns relative to the information above must contact the Supplier Management Administrator (PQF@lyb.com ). 6.4. PERSONAL PROTECTIVE EQUIPMENT Generally, to enter process or maintenance areas at the Company production sites, personnel are required to have a hard hat, safety glasses, chemical goggles (attached to the hard hat when not in use at required sites), hearing protection, safety toe shoes, and fire retardant garments (at required sites). Contact your Contractor Host for the specific personal protective equipment (PPE) requirements for the site. 6.5. RESPIRATORY PROTECTION Company has established regulated areas where the airborne concentration of a material exceeds or can reasonably be expected to exceed OSHA’s Permissible Exposure Limits (PEL’s). Examples of regulated areas include areas where process equipment is being deinventoried, maintenance activities are occurring, material containing lead or asbestos is being worked on, or tanks are being gauged. Contractors whose work may require them to work in a “Regulated Area” must fulfill Respiratory Protection requirements which include a) respirator training, b) medical clearance and fit test, and c) proper equipment supplied by the Contractor if the task requires the use of a respirator. These requirements (services available at several area Contractor Safety Councils) are to be performed by Contractor or by a third party company (not by the Company). Contractor’s employees and their Subcontractors must have proof of training, medical clearance and fit testing available at the jobsite. 6.6. PURCHASED BREATHING AIR Where supplied air respiratory protection equipment is necessary, Grade “D” Breathing air shall be used. Grade “D” Breathing Air is the classification standard for component maxima, in parts per million developed by ANSI/Compressed Gas Association G-7.1. It is also the standard to which workplace environments must comply to meet OSHA requirements. The component maxima are as follows: O2 – 19.5-23.5%, oil (condensed) 5ppm, CO-10ppm, and CO2 1000ppm. Contractors’ Use of Supplied Breathing Air: 1. Contractors shall not bring supplied breathing air on-site at any Company facility unless a written exception has been approved by the Site Contractor Coordinator and Health, Safety and Environmental Department. 2. A system must be in place to ensure the oxygen concentration in these containers is tested prior to use. 3. Contractors bringing supplied breathing air on-site must have a Certificate of Analysis for each container. 4. Certificate of Analysis (C of A’s) shall be kept on-site while the supplied breathing air containers are on-site. 5. Oxygen content of each site supplied breathing air container is verified on site. 6. Only compressed air may be used for breathing air. Breathing air that is synthesized or reconstituted is prohibited. Page 10 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Should you have any questions or concerns related to the information above, please see your Contractor Host. 6.7. HAZARD COMMUNICATION Contractors are responsible for supplying a list of chemicals and their associated Safety Data Sheets (SDS) and getting Company approval before chemicals are brought onto Company sites. Contractor will maintain labeling according to site requirements. Your Company Contractor Host will be responsible for initiating the chemical approval procedure. Company reserves the right to deny approval of any chemical. Some Company sites have asbestos containing materials in the form of insulation, gaskets, or transit. Contact your Contractor Host to see if the site you will be working in has asbestos containing materials. Some Company sites have lead containing paints and coatings. Contractor shall alert their Contractor Host in advance of demolition or renovation work on painted or coated surfaces to ensure that painted or coated surfaces have been tested or checked for lead content before Work is authorized. 6.8. TOXIC SUBSTANCE CONTROL ACT (TSCA) The Toxic Substance Control Act (TSCA) applies to various health and environmental activities at the Company sites. Contractor employees are obligated to immediately report any information or incident associated with a chemical substance or mixture relating to a risk to health or to the environment. Such reports must be made to your Contractor Host who will in turn contact the company TSCA Coordinator at the Company site. 6.9. SAFE WORK PERMITS Contractor shall not begin Work at any Company site until authorized by the Company Contractor Host and shall define the type and number of permits required for Contractor to accomplish the scope of work. When arriving at the site, Contractor employees will be required to sign-in or badge-in at a gate before entering the Company facility. After signing in or badging-in at the gate, Contractor must report to the designated area of the facility where they will be working and sign in on the unit log sheet or obtain the appropriate work permit(s). Once issued to Contractor, these permits become part of the contract and the scope of work for Contractor. If there is a question as to whether a particular permit is required, Contractor shall contact the Company Contractor Host before commencing any Work in an area. 6.10. LOCKOUT/TAGOUT Lockout/Tagout covers the servicing and maintenance of machines and equipment in which the unexpected energizing or startup of the machines or equipment or the release of stored energy could cause injury to employees. This includes machines and equipment where there is a source of electrical, mechanical, hydraulic, pneumatic, chemical, nuclear, or thermal energy. The Equipment owner is responsible for the initial steps of the Lockout/Tagout Procedure. Contractor employees shall provide their own personal locks and apply these locks to the Company site's lockout devices. Contractor's locks shall be tagged according to site requirements. An appropriate work permit shall be issued before Contractor is authorized to apply a lock to a Company site lockout device. 6.11. CONFINED SPACE Any contract employee who has the potential to enter a permit required confined space shall receive training on the Confined Space Entry Program during their respective employee orientation courses for the specific Company site. Additionally, all contract employees will Page 11 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC review the Confined Space program when there is a change in the program or when deviations from the program are occurring. Contractors who have a potential for working in a confined space environment shall have a generic Confined Space/Attendant/Entrant training course as well as understand and follow any additional Company site-specific requirements The Company requires that the standby attendant performs only a prescribed list of duties. Those duties are such things as: observe personnel in the confined space, maintain contact with those personnel, awareness of activities outside of the confined space in order to maintain the safety of the confined space entrants. The attendant does not perform any other duties than those duties described above. Examples of what an attendant is not allowed to do: pass tools/supplies in or out of the confined space, act as a signal person for crane activities or similar activities which interfere with their primary responsibility. Any exceptions to these requirements must be approved in advance by the Company safety department at the specific site where confined space work is to be performed. An appropriate work permit shall be issued before Contractor is authorized to enter a Confined Space environment. 6.12. UTILITY HOSES & FITTINGS Contractor’s ¾ inch red or green hoses and “crow’s foot” fittings are not allowed on some Company locations. Check with your Company Contractor Host prior to bringing utility hoses and fittings on-site. 6.13. WORKING AT HEIGHTS Any Work at heights which could present a fall hazard requires a risk assessment commensurate with the level of risk. Suitable measures must also be taken to control falling objects to protect workers below. When working at heights six feet or greater in areas not protected by standard guardrails and work platforms, contract employees must be protected by a fall protection or fall prevention system. This includes personal fall arrest systems such as a full body harness and shockabsorbing lanyard that is secured to a structural support meeting the requirements of OSHA and Company standards. This requirement also applies to exposures less than six feet under certain hazardous circumstances such as working over machinery or other potentially hazardous objects or where site-specific requirements dictate. Personnel must be protected by a fall protection system when accessing work areas using an un-caged vertical fixed ladder or scaffold work area that is nine feet or greater above a lower working level, Some sites require a self-retracting lifeline. Contractors are required to provide fall arrest equipment. Check with your Company Contractor Host to ensure compliance to Company and site specific requirements. Working at Heights Standards Working at Heights Guideline 6.14. PREVENTING FALLING OBJECTS PREFERRED PRACTICE When “Working at Heights” it shall include a risk assessment process to identify and define controls for preventing falling objects. Check with your Company Contractor Host to ensure compliance to Company and site specific requirements. Preventing Falling Objects Preferred Practice 6.15. INCIDENT REPORTING Contractors shall immediately advise their Company Contractor Host and the site HSE Department of all near misses, injuries, illnesses, exposures, or possible exposures that occur to Contractor employees, Subcontractor employees or suppliers. All process safety and environmental incidents are also to be reported immediately. Contractor shall promptly Page 12 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC investigate the incidents and determine causes and corrective actions. Contractor shall provide a copy of their completed investigation report to the Company Site HSE Department. Depending upon the severity of the incident, Company may lead and oversee the incident investigation. 6.16. MEDICAL TREATMENT Contractors are responsible for first aid treatment of their injured employees and for making prior arrangements with local doctors and hospitals for medical aid (medical management plan). The Company site medical services are available to Contractor for work-related injuries or illnesses. The Company site security, Company sites HSE Department, and your Company Contractor Host shall be notified of any work-related injury/illness and/or the need for an ambulance. Contractor shall provide their medical management plan (including contact information for their medical provider and workers’ compensation insurance carrier) to their Company Contractor Host and/or Company sites HSE Department. 6.17. 6.18. REPORTING AN EMERGENCY In the event of a site emergency such as a fire, gas release, or medical emergency Contractor shall: Call the site emergency number found in Appendix 5. Provide your name and employer; Specify if possible the type of emergency; Provide the specific location of the emergency; Remain on the line until the information has been repeated back to you, and you are certain that there is no misunderstanding. RESPONDING TO AN EMERGENCY ALARM If an emergency alarm sounds while in a Company facility, Contractor should: immediately stop all Work; extinguish all flames and sources of ignition ( welding machines, hand tools, motors) pull vehicles to side of road, shut off all engines and leave the keys in the ignition; leave the area and report to predetermined assembly area; and Do not leave the assembly area until the “ALL CLEAR” is issued. Each site has unique emergency siren codes for specific types of emergencies. All Contractors are required to be familiar with the distinct siren codes applicable to the job-site before entering the site. 7. OFF-SITE EMERGENCIES Contractor using the capabilities and equipment at its disposal must handle emergency situations at remote construction sites. Contractor designee shall contact the Company Contractor Host and a HSE Representative as soon as possible to report the nature and status of the emergency. In the event of an emergency condition at the Company site, Contractors working off-site shall be advised by his/her Company Contractor Host of any actions to be taken. 8. ENVIRONMENTAL REQUIREMENTS The Company Contractor Host will be the initial resource to contact for environmental information. In the event that Contractor or its employees have any questions concerning these Rules or any environmental or safety information, Contractor shall immediately contact the Company Contractor Host. The following rules explain Company requirements for Contractors regarding many of the more frequently encountered environmental matters. Page 13 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Contractor shall not tamper with tags or other equipment used to comply with Leak Detection and Repair regulations. Contractor shall ensure that equipment is returned to service in compliance with open-ended line regulations. Contractor shall not allow any oils, grease, fuels, lubricants, solvents, acids, alkalis, chemicals, or wastewater to migrate into the plant ditch system, nor will such materials be discharged on the ground. Contractor shall either batch fill their gasoline or diesel driven equipment or provide complete secondary containment under gasoline or diesel driven equipment and lines when continuously fueling this equipment. Contractor shall provide secondary containment for portable gasoline or diesel driven equipment such as light plants, compressors, and generators. If a Contractor spills petroleum products, chemicals or other materials, Contractor shall report those spills immediately to the Company site Shift Superintendent or Shift Foreman/Supervisor and their Contractor Host. Contractor may be required to begin immediate spill containment and cleanup action. The expense of spill cleanup and disposal shall be charged to Contractor. Washing and maintenance of Contractor's vehicles shall only be performed with the approval from Company, and in runoff contained areas specifically designated by the Company Contractor Host. All tankage, storage, and loading/unloading of chemicals, fuels, and other bulk material (except refueling of field equipment from mobile fuel tanks) shall be in a curbed or dike area designated by the Company Contractor Host. Secondary containment areas shall be lined or otherwise impermeable to petroleum, chemicals and water. Contract cleaning, washing, and hydro-blasting of plant process equipment which has been exposed to chemicals, oil, acids, bases or other contaminants shall be performed in runoff contained areas which have drains to the plant wastewater system. There shall be no open burning of materials, brush, tires, construction materials, oil, or other waste or debris in the Company sites. All waste disposals will be coordinated through the Company site Solid Waste Coordinator or Company site HSE Department and shall be disposed of at a Company approved disposal site. All waste must be managed per Company requirements and all applicable State and Federal Regulations. Waste management areas can only be established with the prior approval of the Company site Solid Waste Coordinator or Company site HSE Department. Petroleum or chemical contaminated waste management areas must be provided with secondary containment. Waste management personnel must be trained as required by applicable State and Federal Regulations. Records of this training must be available to Company personnel During and upon completion of a project or work order, Contractor will be responsible for policing its area and the disposing of all debris created by the project or work order, such as fuel depots, general maintenance debris and any drum storage areas or other waste or debris. 9. SECURITY 9.1. PERSONNEL SURETY This section defines Company criminal history background screening requirements for Contractors requiring access to Company facilities in North America. It is intended to provide a clear and consistent standard to ensure full accountability of relevant criminal activity of Contractor personnel and to ensure individuals who may pose a risk to people and assets are identified. Page 14 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC The North American Background Screening Consortium (NABSC) grading system is used to define the grade level to Work on any Company North American facilities. The Background Screen Grade of 00, 01 or 02 is the acceptable levels to gain site access. The Company has elected to allow a background screen grade of “02” as its maximum background screen grade. Therefore, Contractor employees with background screen grades of “03” through “07” will not meet Company security requirements. Contractors are responsible for the conduct of their personnel while on Company property and shall ensure compliance with all applicable Company and site specific security policies, standards and procedures. The Company reserves the right to remove or permanently ban individuals who are found in violation of any security policy, standard, procedure, guidelines or meet the minimum acceptable background screen grade. Any exception to this policy will be handled on an individual basis and will be documented by the requesting party for approval by the head of global security or their designee. 9.2. BACKGROUND SCREENING STANDARD Contractors are required to perform a criminal background screening for personnel requiring access to Company sites. Certain Contractors and Suppliers are exempt from this requirement as outlined in Section 9.2.5. Unless exempt per Section 9.2.5, the Contractors background-screening program shall include a criminal record check of Federal, State and County/Parish (or equivalent) records as allowed by law. The Report shall reflect “No Record” for the following: Conviction Pending or adjudication withheld Deferred adjudication (i.e. Probation Before Judgment) No contest plea (i.e. Nolo Contendere) or any other disposition (such as probation) where an individual must complete some criteria before a final disposition is determined The Company reserves the right to assess arrest records in the determination of employment eligibility as allowed by Federal and State law. The background screen shall take place in all jurisdictions in which the individual has lived and worked during the seven (7) years prior to the date of the background-screening document, whether that jurisdiction was declared or developed while searching national, state or other sources. Only the dispositions (as defined) will be reported if the final disposition date. 9.2.1. EACH BACKGROUND SCREEN SEARCH SHALL CONSIST OF ALL OF THE FOLLOWING: Collection of information from Contractor regarding places of residence and employment for the previous seven (7) years. A Verified Social Security Number (SSN) Trace. A verified department of Motor Vehicle records / State identification search in each reported State of residence in the previous seven (7) years. Seven (7) year criminal history search (County or Parish level / State level / federal district level) NATIONAL” CRIMINAL DATABASE SEARCH A single database search of numerous jurisdictions criminal history record. Certain companies have advanced databases with broader access to various State and Federal databases. Contractors are to ensure that they use Third Party Page 15 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Administrators (TPA) that has extensive capabilities and the broadest search requirements. PATRIOT ACT / TERRORIST WATCH LIST SEARCH 9.2.2. This search covers information from numerous publicly available federal agencies. These agencies compile the names of persons who are wanted by federal law enforcement, barred from the United States, illegal immigrants, specially designated nationals, terrorists, narcotics traffickers, blocked persons, etc. by checking the following sources (at a minimum): Denied Persons List Fugitive List Office of Foreign Assets Control (OFAC) – SDN list Terrorist Watch List DISQUALIFYING CONVICTIONS - RELEVANCE OF CRIMINAL CONVICTIONS All Felony convictions and/or Patriot Act / Terrorist Watch List discoveries made during the background screening process that occurred within the previous seven (7) years, based upon the disposition date, shall be considered relevant and disqualify the individual from access to a Company site. Any Felony convictions related to a prison release date within the last seven (7) years shall be considered relevant and disqualify the individual from access to a Company site, as allowed by law, without regard to the criminal conviction date. For example, if a criminal conviction with a disposition date over seven (7) years ago resulted in a prison sentence; the conviction would still be relevant if the prison release date was within the last seven (7) years. 9.2.3. EXAMPLES OF “FINAL DISPOSITION DATE”: Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5 Scenario 6 Scenario 7 Individual has completed a prison sentence within last 7 years for a Felony conviction with a disposition date within last 7 years. Individual has completed a prison sentence within last 7 years for a Felony conviction with a disposition date over 7 years ago. Individual is currently on probation for a Felony committed/conviction within last 7 years. Individual is currently on probation for a Felony committed/conviction over 7 years ago. Individual has completed probation within last 7 years for a Felony committed/conviction within last 7 years. Individual has completed probation within last 7 years for a Felony committed/conviction over 7 years ago. Individual is listed on the Terrorist Watch List. 9.2.4. BACKGROUND SCREENING FREQUENCY All background screenings shall be considered valid and current for a period of two (2) years. A new background screening must be ordered by the Contractor at least 30 days prior to the expiration of the current background screening. It is a Contractors responsibility to ensure their personnel meet the background screening requirements as defined in this document prior to entering a Company facility. Periodic audits shall be performed to review background-screening records of personnel assigned to Company sites. 9.2.5. EXEMPTIONS TO BACKGROUND SCREENING The following Contractors and Suppliers are exempt from this background-screening requirement: Page 16 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC 9.2.6. 9.2.5.1. CONTRACTORS AND CONSULTANTS THAT ARE 100% ESCORTED BY COMPANY PERSONNEL 9.2.5.2. DELIVERY/COURIER COMPANIES Examples of delivery companies that enter various LyondellBasell facilities: UPS, FedEx, Roadway Freight, Yellow Freight and NAPA. A site may require a specific delivery company to comply with this requirement. For example, a delivery company that enters the process areas unescorted may be required to comply. 9.2.5.3. DELIVERY/SERVICE COMPANIES Delivery drivers that are entering LyondellBasell facilities if the personnel are in compliance with a federally mandated background screening program (DOT) and hold a valid Commercial Driver’s License with a HAZMAT endorsement. 9.2.5.4. RAILROAD Employees of the railroad that are in compliance with a federal government mandated background-screening program (DOT) are exempt. OTHER REQUIREMENTS A new Supplier must comply with this procedure prior to Supplier Management approval. Company shall periodically audit Contractors comprehensiveness of its background check methodology, either generally or specifically as to any of Contractor’s employees or any of its Subcontractor’s employees, to the satisfaction of Company. This is a material provision of the Contract and if Contractor or its Subcontractors cannot adequately demonstrate the validity and comprehensiveness of the background check, Company may terminate this Contract immediately and Contractor shall reimburse Company for any additional costs incurred with substituting additional Contractors or Subcontractors. Company reserves the right at any time to refuse entry onto its premises or to remove from its premises any of Contractor’s employees (or its Subcontractor employees, as applicable) for that employee’s failure to meet background check criteria for all of Contractor’s employees (or its Subcontractor’s employees, as applicable) for Contractor’s failure to perform adequate background checks. Exercise of this right by Company shall not be construed as a breach or a frustration of the purpose of the Contract by Company, but shall be construed as a breach of the Contract by Contractor. 9.3. TRANSPORTATION WORKERS IDENTIFICATION CREDENTIALS (TWIC) The Company is in compliance with the Maritime Transportation Security Act (MTSA) and has numerous regulated facilities. MTSA regulated facilities require ALL site personnel to have a TWIC for unescorted access. Company facilities that require a TWIC are defined in Appendix 5. TWIC requirements are in addition to, and not a replacement for Company’s background screening requirements as defined in this document. 9.4. PROHIBITED ITEMS The carriage or possession of a weapon or firearm on Company property is strictly prohibited to the extent allowed by Federal and/or State Law. Taking into consideration that laws pertaining to the carriage of weapons as well as concealed handgun laws may differ from state to state, Contractor shall liaise with regional Company management to ensure compliance with applicable laws and site specific requirements. Page 17 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Federal Agents, State and Local Police in the performance of their official duties or contracted by the Company to provide armed security support shall be exempt from this requirement. 9.5. CONTACT WITH MEDIA In the event Contractor is contacted for a media interview (whether because of an accident or incident that relates to services performed by Contractor), Contractor shall first obtain the consent of LyondellBasell’s Communication, Media and Marketing (CMM) Department before engaging with a representative of the news media. Contractor media statements must be coordinated with and approved by the Director or Associate Director of CMM prior to issuance. 9.6. COMMUNICATION AND CAMERA EQUIPMENT Mobile communication systems and cameras shall not be used in the plants without Company prior approval. Unlisted or unapproved equipment (flashlights, cellular phones, pagers, still, digital video cameras, bar code scanners, etc.) increases the risk of incidents due to the potential of them becoming an ignition source. Equipment considered intrinsically safe must carry the UL, MSHA, or FM approval marking and the hazard area classification notice stating that the piece of equipment is listed for use in areas designated as Class I, Division II Group A, B, C, D, or C, D at a minimum. In order to ensure you are in compliance with Company standards, check with your Company Contractor Host prior to using such equipment. Camera / Video Permits must be obtained as noted on Appendix 2. 10. CONTINGENT LABOR WORKFORCE 10.1. WORKPLACE VIOLENCE PREVENTION: Supplier must ensure that their workers comply with the company’s global workplace violence policy at all times. If an existing or former supplier or Contingent Worker is suspected of posing a risk to the Company’s work environment, physical or proprietary assets, or employees or any other individual without regard to their relationship to the Company, the supplier must cooperate fully in supporting the Company’s investigation and efforts to ensure people and assets are appropriately safeguarded, and instruct its workers to do the same. In addition, in accordance with the Global Workplace Violence Policy, the supplier or Contingent Worker may be immediately removed from Company property and may be permanently banned from entering Company property. 10.2. MONITORING, SEARCHES AND INVESTIGATIONS: Supplier must inform its workers that, in compliance with applicable law, the Company reserves the right to monitor all Contingent Workers’ activity at the Company (phone, network, premise access, etc.), to perform audits, and to execute searches based on reasonable grounds of suspicious activity, as determined by the Company in its sole discretion. Authorized Company representatives have the right to monitor or perform searches on all Company controlled assets including, but not limited to, computers, networks, voicemail, email, and office areas. Contingent Workers may not misuse the Company’s assets and Company suppliers must inform their personnel that they should have no expectation of privacy while using any Company assets. Where permitted by law, Contingent Workers are required to submit to personal searches instigated based on reasonable grounds for suspicion, as determined by the Company in its sole discretion. Such searches would be conducted in compliance with local law and may include any personal property located at the Company’s facilities or on Company property, including but not limited to, personal electronic devices and data storage media, personal bags, purses and personally-owned vehicles. Page 18 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Failure to cooperate with any reasonable security investigation, search or inspection may result in permanent access denial, termination of supplier relationship, or refusal to allow a Contingent Worker to perform any future services for the Company. 10.3. NOTIFICATION OF ILLEGAL OR UNETHICAL CONDUCT Supplier must comply with, and instruct their workers to comply with, the Company’s Code of Conduct when doing business on behalf of the Company and when working with the Company. Supplier must cooperate fully with any reasonable investigation conducted by the Company or its representatives. If a Supplier becomes aware of any illegal or unethical conduct by its own personnel, Company employees or any Contingent Worker (even from another Supplier), that either occurs on Company premises, or occurs away from the Company but is associated with the individual’s position or assignment with the Company, the Supplier must promptly notify their Company sponsor or the LyondellBasell Ethics Helpline (by calling 1-866-513-1868 or online via www.LYB.ethicspoint.com). 10.4. ALCOHOL AND DRUG-FREE WORKPLACE: The Company is committed to fulfilling its legal and ethical responsibility to maintain a safe and efficient working environment on Company premises. Each supplier’s drug and alcohol program shall be in compliance with 6.3 in these Rules or at least as stringent as the Company program in their respective geographic location. Any questions or concerns relative to the information above must contact the Supplier Management Administrator(s) at PQF@lyb.com 11. COMPANY PIPELINE CONTRACTORS This section applies to all North American sites having pipelines / metering facilities. 11.1. COMPANY OPERATOR QUALIFICATION (OQ) PROGRAM REQUIREMENTS The purpose of the Regulation, 49 CFR Parts 192 Subpart N and 195 Subpart G is to establish and implement a written program of qualification for all individuals who operate and maintain gas and liquids pipeline facilities. Under this Regulation, all individuals shall be qualified and have the ability to recognize and react appropriately to a malfunction of a component or deviation from normal operations that may indicate a condition exceeding design limits or result in a hazard(s) to persons, property, or the environment. The Equistar Pipeline Operators (EPO) operator qualification program (OQ-001) defines the qualification methods utilized by EPO to evaluate individuals performing certain operation and maintenance activities that could affect pipeline operation and integrity on EPO’s Department of Transportation (DOT) covered gas and liquids pipeline facilities. These certain operation and maintenance activities are considered “covered tasks” if the task is defined as “covered” in the EPO OQ-001 Program. The Regulation applies to all individuals who perform covered tasks. Individuals performing a covered task for EPO covered by 49 CFR Parts 192 and 195 will be qualified to perform the covered task by October 28th, 2002. Contractor personnel may perform covered tasks at EPO provided that: The individual is qualified to perform the covered task under EPO’s qualification program, or The individual is qualified to perform the covered task under Contractor’s qualification plan that has been approved by EPO, or Page 19 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC The individual is qualified to perform the covered task under a third party’s qualification plan that has been approved by EPO, or If the individual is not qualified to perform the covered task, the individual may perform the covered task provided that the conditions of Section 9.0 of the EPO OQ-001 Program are met A qualified individual means: That an individual has passed a qualification evaluation, The individual can perform assigned covered tasks, The individual can recognize and react appropriately to abnormal operating conditions, and The individual’s EPO compliance documentation is complete. All companies that are contracted to perform covered tasks for EPO must be able to supply all documentation showing that personnel performing a covered task are qualified and meet the DOT operator qualification standard prior to performing the covered task. All contract companies must meet all the requirements required within the operator qualification standard established in 49 CFR Parts 192 Subpart N and 195 Subpart G and the EPO OQ-001 Program. All contractor qualification records must be maintained and available upon request for at least five years after the covered task was performed. Page 20 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Appendix 1 SECRECY POLICY Lyondell Chemical Company, a Delaware corporation, Equistar Chemicals LP, a Delaware limited partnership, LyondellBasell Acetyls, LLC a Delaware limited company, and Houston Refining LP, a Delaware limited partnership, each on behalf of itself and its affiliates (hereinafter collectively called “the Company”), within its various facilities, practices certain processes relating to the production of petrochemicals, using technical information relating to the production of petrochemicals, using technical information which is the confidential and valued property of the Company, some of which is under license. With respect to such facilities, your firm has been engaged by the Company to perform certain work. The discussions prior to such work and any matters related thereto and future activities associated with carrying out the said work and any other activities related in any way to the said engineering are herein called "Work". In connection with the Work you may acquire or be exposed to technical information relating to the above referenced process and to commercial information, which is the confidential and valued property of the Company. All information described in the foregoing sentence is herein called “Confidential Information". Confidential Information shall include, by way of illustration but not of limitation; information with respect to such processes, the facilities in which they are practiced, and the equipment, materials, operations, costs and commercial data relating thereto. The terms of this policy shall apply to Confidential Information whether supplied by the Company to you directly or indirectly or acquired by observation or in any other way by you, your agents, or Contractors. In consideration of the opportunity to engage in the Work, you agree, for a period of twenty (20) years from the date of this Agreement, that any Confidential Information acquired by you shall be, (1) maintained in confidence, (2) not disclosed directly or indirectly to a third party without the prior written consent of the Company, (3) not used except for the purpose for which it was disclosed, and (4) protected against unauthorized disclosure by and of your employees or agents by the taking of all reasonable precautions to limit access to the information received hereunder only to such of your agents and employees as are bound to you by the same obligations of confidentiality, non-use and non-disclosure as in the instant agreement. The obligation of confidentiality, non-use, and non-disclosure accepted by you pursuant to this Agreement shall not apply to: (a) Information which has been or is hereafter published or otherwise been available to the public without breach of your obligations hereunder; (b) Information which you can demonstrate was in your possession in written form as of the date of this Agreement; and (c) Information which you acquire without obligations of confidentiality from a third party which did not acquire same directly or indirectly from the Company. Information acquired by you hereunder shall prima facie be deemed to be Confidential Information and the burden of establishing that such information is within the foregoing exclusions shall rest upon you. Specific disclosures shall not be deemed to be within the above exceptions merely because they are embraced by general disclosures in the public knowledge or literature or in the Contractor’s possession; and any combination of features disclosed hereunder shall not be deemed within the above exceptions merely because individual features are in the public knowledge or in the Contractor’s possession. At no time shall you disclose any correlation or identity which may exist between (1) any information made available to you hereunder, whether or not you are obligated hereunder to keep such information confidential, and (2) any other information which you may possess or acquire. Upon termination of the Work or sooner upon written request of the Company, you shall return to the Company all documents drawings, specifications, calculations, or other such documents, including copies and excerpts thereof which contain the Confidential Information. Rev. Date: April 21, 2010 Page 21 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Appendix 2 CAMERA / VIDEO PERMIT (This is a sample camera permit that is used at the Company facilities. Camera / Video permit will vary from site to site). Cell phones equipped with camera devices shall not be used as a camera without having a camera / video permit issued in accordance with site procedures.) LYONDELL CHEMICAL, EQUISTAR CHEMICALS LP, LYONDELLBASELL ACETYLS LLC, AND HOUSTON REFINING LP, (COLLECTIVELY “The COMPANY”) CAMERA PERMIT WITH PHOTOGRAPH AND COPY AGREEMENT CAMERA / VIDEO PERMIT Date TO: PLANT SECURITY PLEASE PERMIT ENTRY WITH CAMERA / VIDEO OF (Contractor Company) (Address) TO TAKE PICTURES OF ☐ SAFETY PERMIT FOR FLASH ATTACHMENT REQUIRED ☐ LYONDELL, EQUISTAR, HOUSTON REFINING, AND LYONDELLBASELL ACETYLES RETAIN FILM, DEVELOP AND FORWARD ☐ PHOTOGRAPHER TO RETAIN FILM, DEVELOP AND RETURN NEGATIVE FOR LYONDELL, EQUISTAR, HOUSTON REFINING, AND LYONDELLBASELL ACETYLES REVIEW Plant Manager or Authorized Representative PHOTOGRAPH, VIDEO AND COPY AGREEMENT The undersigned of agrees to surrender undeveloped or developed film or other photographic media or forward negative taken of the Company facilities on (date) and/or any related copy to the Plant Manager (or designee) of the Company site. The Company retains the right to remove and destroy any negatives that it deems necessary. Furthermore, the Company reserves the rights to approve, disapprove, or alter any copy which is to be printed in conjunction with any photographs of Company personnel, facilities, or use of Company name. Signature Page 22 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Supplier Management Appendix 3 North American Supplier Qualification Waiver Form The purpose of this waiver is to document appropriate approvals to utilize a supplier when the North American Supplier Qualification Work Process has not been completed. Requestor: Site: Date: Name of Supplier: Supplier Representative: PSM (Y/N): Contract # or Work Order #: Scope of Work: If the supplier fails to meet safety, technical, or quality requirements, complete this form, obtain approvals, and submit the approved waiver to your site’s Procurement Buyer for a purchase order to be issued. Current Supplier Grade or Status Minimum Requirements 1. Zero Fatalities within the past 3 years Fatalities: 2. OSHA Total Recordable Incidence Rate (TRIR) less than 5.0 (3 year average) TRIR: 3. Not approved in third party management system (typically requires overall safety assessment by local Safety Dept.) 4. Reason Acceptable/Mitigation Details (attach sheet if additional space is required) N/A Supplier personnel completed OSHA Basic Safety Orientation Plus and Site Specific Training Yes No 5. Other Noncompliance (i.e. NASAP, Background Checks, Signed T&Cs, etc.) 6. Technical/Quality assessment Approved conducted on supplier and approval Not Approved obtained in GAPS Please note: Non-compliance requires the completion of the five mandatory points listed below. Supplier must acknowledge LyondellBasell Industries Rules for Contractors Supplier must provide proof of Insurance that meets our minimum requirements Supplier must view Site-Specific safety video Supplier must be escorted at all times while on the premises Risk mitigation plan must be described for cases where supplier not GAPS approved List Noncompliance: Approvals: Requestor’s Manager (Please Print) Date Safety Manager/HSE Director (Please Print) Date Site Manager (Please Print) Date Expiration Date for waiver/Duration of Variance (Please Print) Date Page 23 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Appendix 4 CONTRACTOR ACCEPTANCE FORM Upon receipt of Rules for Contractors, it is the responsibility of Contractor to ensure that all their employees and Subcontractor’s employees are informed of and abide by these Rules. LYONDELL CHEMICAL, EQUISTAR CHEMICALS LP, LYONDELLBASELL ACETYLS LLC, AND HOUSTON REFINING LP ACCEPTED FOR (NAME OF CONTRACTOR) BY (PRINTED NAME ) TITLE DATE Secrecy Provisions are executed and governed by Contract Number: effective termination date . with an This form must be returned to the Supplier Management Administrators at PQF@lyb.com. Page 24 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Appendix 5 SITE SPECIFIC SAFETY AND SECURITY REQUIREMENTS, for Company North American Plant, Research Centers and Shared Services Locations (USA) Note: The Company (LyondellBasell) will accept Basis Plus Orientation from all Association of Reciprocal Safety Councils (ARSC). e.g. Corpus Christi, Texas City, Houston, Baton Rouge, Austin, New Orleans, Port Lavaca, Shreveport, Dunbar WV, Midland, Nederland, Mobile, Birmingham, Freeport /Lake Jackson, Longview, Lake Charles, and Three Rivers. Location Name & Physical Address Mail Code Specific Site Safety, Security, and Program Requirements Bayport Ethylene Oxide and Derivatives Plant 5761 Underwood Road Pasadena, TX 77507 BCO Contact Information for Injury Phone: (281) 474-4040 Fax: (281) 474-0456 Basic Plus (Basic Plus is accepted from all ARSC members) LyondellBasell Bayport Complex Site Specific 19LYBBPC http://www.hacsc.com/site/courses.cfm?type=S North American Substance Abuse Program (NASAP) On-Site Emergency Number – 0711 or by radio Channel 1 Bayport Propylene Oxide Plant 10801 Choate Road Pasadena, TX 77507 BLO Contact Information for Injury Phone: (281) 474-4191 Fax: (281) 291-1782 On-Site Emergency Number – 1511 Equistar Chemicals, LP Basell Bayport Plant 12001 Bay Area Blvd. Pasadena, TX 77507 Contact Information for Injury Phone: (281) 474-4040 Fax: (281) 474-0456 On-Site Emergency Number – 3333 BYO Basic Plus (Basic Plus is accepted from ARSC members) LyondellBasell Bayport Complex Site Specific 19LYBBPC http://www.hacsc.com/site/courses.cfm?type=S Visitor Safety Orientation for contractors and visitors working in non-process areas and whose work will not require a Work Permit. North American Substance Abuse Program (NASAP) Basic Plus (Basic Plus is accepted from all ARSC members) LyondellBasell Bayport Complex Site Specific 19LYBBPC http://www.hacsc.com/site/courses.cfm?type=S North American Substance Abuse Program (NASAP) Visitor Safety Orientation for Contractors and visitors working in non-process areas and whose work will not require a Work Permit. Page 25 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Equistar Chocolate Bayou Polymers Plant 2 Miles West of FM 2917 on FM 2004 Alvin, TX 77511 CBO Contact Information for Injury Phone: (281) 393-5143 Fax: (281) 457-8098 On-Site Emergency Number – 5179 Equistar Corpus Christi Complex 1501 McKinzie Road Corpus Christi, TX 78410 CCO Contact Information for Injury Phone: (361) 242-8000 Fax: (361) 242-8116 On-Site Emergency Number – 8111 or by radio Channels 2 or 4 Equistar Channelview Complex 8280 Sheldon Road (POB 777) Channelview, TX 77530 CVO North Contact Information for Injury Phone: (281) 862-4000 Fax: (281) 457-8098 Basic Plus (Basic Plus is accepted from ARSC members) Lyondell - Chocolate Bayou Site Specific Orientation (given at HASC, (course name – 19EQCBF) All Contractors working unescorted at the complex must have the above training. Visitors, deliveries, sales persons, copy repair, etc. require the visitor orientation at the plant entrance. North American Substance Abuse Program (NASAP) TWIC required Basic Plus (Basic Plus is accepted from all ARSC members) Equistar - Corpus Christi Facility Site Specific Orientation given at Coastal Bend (CSC) code on badge is (ES) and the Houston Safety Council code on badge is (19ES). The orientation covers both the Corpus Christi Complex and the Marine/Railcar loading terminal. North American Substance Abuse Program (NASAP) TWIC is required for barge dock Basic Plus (Basic Plus is accepted from all ARSC members) Equistar Complex (CVO North) Site Specific Orientation (given at HASC) 19CVO North American Substance Abuse Program (NASAP) TWIC Card Required On-Site Emergency Number – 8911 Lyondell Channelview Complex 2502 Sheldon Road (POB 30) Channelview, TX 77530 (incl. Shared Service Center) Contact Information for Injury Phone: (281) 862-4000 Fax: (281) 862-6060 CVO South Basic Plus (Basic Plus is accepted from all ARSC members) Lyondell Complex (CVO South) Site Specific Orientation (given at HASC) 19CVO North American Substance Abuse Program (NASAP) TWIC Card Required On-Site Emergency Number – 8911 Page 26 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Equistar Clinton Plant 3400 Anamosa Rd. Clinton, IA 52732 CLO Contact Information for Injury Phone: (563) 243-5500 Fax: (563) 244-2548 On-Site Emergency Number – 333 or by radio on Channel 1 Basic Plus (Basic Plus is accepted from all ARSC members) Safety (Plus) – Offered by Clinton Community College or other area safety councils (Three Rivers, Houston Area Safety Council, etc.) who provide this training. Basic Safety is now available online at www.gatefeed.com Clinton Plant will also accept a 10-Hour OSHA Training Card that is less than 2 years old in lieu of the Basic Safety class. Site-Specific Orientation – Offered through Clinton Community College or now available online at www.gatefeed.com NASAP and TWIC is not a requirement at CLO CLO Orientation and Training.docx Equistar Pipeline Operations 5761 Underwood Road Pasadena, TX 77507 EPO Contact Information for Injury (Pipeline Control Center) Phone: (800) 525-7516 Fax: (281) 474-0821 On-Site Emergency Number MKO- 7018 MBO- 7001 Equistar Edison Catalyst Plant 340 Meadow Road Edison, NJ 08817 Basic Plus (Basic Plus is accepted from all ARSC members) - (19BH/19BHREF) Equistar Pipeline Orientation (given at safety councils from Corpus Christi to Lake Charles) Site Specific (19EQUPL) Operator Qualification (OQ) Program Requirements North American Substance Abuse Program (NASAP) EDO Site Specific Requirements will be defined by the HSE Site Representative FPO Equistar Fairport Harbor Site Specific Training (Conducted on-site) Contact Information for Injury Phone: (732) 985-6262 Fax: (732) 777-2203 On-Site Emergency Number – dial 51 for plant pager then 56 Equistar Fairport Harbor Facility 110 Third Street Fairport Harbor, OH 44077 Contact Information for Injury Phone: (440)352-9393 Ext. 34 Fax: (440) 352-4575 Page 27 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Houston Refining LP 12000 Lawndale St. Houston, TX - 77017 HRO Contact Information for Injury Phone: (713) 321-6236 Fax: (713) 321-6820 On-Site Emergency No. – 4444 On-Site Emergency Radio Channel – HSE 1 Equistar Chemicals, LP Jackson Plant 1035 Flex Drive Jackson, TN 38301 Basic Plus (Basic Plus is accepted from all ARSC members) Houston Refinery Site Specific Orientation (given at HASC) 19LHR North American Substance Abuse Program (NASAP) TWIC Card Required The Houston Refinery contractor safety hand book is on the LyondellBasell Website. Contractors must access this link to review the Contractor Safety Handbook: For a copy of the HSE procedures, the Contractor may request a copy from the site Point Of Contact (POC) JKO Contractor Site Specific Training LAN Site Specific Requirements will be defined by the HSE Site Representative LLO Basic Plus (Basic Plus is accepted from all ARSC members) Southwest Louisiana Safety Council and/or other reciprocal councils. (Basic Orientation Plus (13BOP) Site Specific Requirements are primarily provided in training at the Southwest Louisiana Safety Council, (Basic Orientation plus Refresher 13BOPR) or on-site in some cases. (2 hrs.) Contact Information for Injury Phone: (832-405-7740) JKO Host or HSE Manager Advanced Polyolefins Business and Technical Center Equistar Chemicals, LP 2727 Alliance Drive, Suite A Lansing, MI 48910 Contact Information for Injury Phone: (517) 336-4800 LyondellBasell Lake Charles Polymers Plant 4101 Highway 108 Westlake, LA 70669 Contact Information for Injury Phone: (337) 882-1651 Ext. 0 Fax: (337-439-7397) On-Site Emergency Number – 7211 LaPorte Complex Equistar Chemicals LP LyondellBasell Acetyls, LLC 1515 Miller Cut-Off Road POB Drawer D Deer Park, TX 77571 LPO /LAO Basic Plus (Basic Plus is accepted from all ARSC members) LaPorte Site Specific Orientation (given at HASC) 19EQULPO North American Substance Abuse Program (NASAP) Page 28 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC TWIC required Basic Plus (Basic Plus is accepted from all ARSC members) Southwest Louisiana Safety Council and/or other reciprocal councils. (Basic Orientation Plus 13BOP) Site Specific Requirements are provided in training at the Southwest Louisiana Safety Council. (Basic Orientation plus Refresher 13BOPR) Contact Information for Injury Phone: (713) 209-1435 Fax: (713) 209-1440 On-Site Emergency Number – 713-209-1444 or report by radio on channel B-1 Lyondellbasell Lake Charles 900 I - 10 West Westlake, LA 70669 LXO Contact Information for Injury Phone: (337) 491-3238 Fax: (337) 491-3069 Mansfield Facility Equistar Chemicals, LP 100 South Mitchell Road Mansfield, TX 76063 MFO Basic Plus (Basic Plus is accepted from all ARSC members) Site Orientation will be given at the site Contact Information for Injury Phone: (817)-792-1876 Fax: (817)-792-1490 On-Site Emergency Number – 9911 Matagorda Complex Equistar Chemicals, LP 17042 State Highway 60 South Bay City, TX 77414 MTO Contact Information for Injury Phone: (979) 245-1225 Fax: (979) 240-1029 Basic Plus (Basic Plus is accepted from all ARSC members) Equistar-Matagorda Facility Site Specific Orientation (given at Port Lavaca/Victoria Area Contractor Safety Council, HASC, and Brazosport Safety Council (19EQUMTO) North American Substance Abuse Program (NASAP) On-Site Emergency No. – 3911 Morris Complex Equistar Chemicals LP 8805 N Tabler Road Morris, IL 60450 Contact Information for Injury Phone: (815) 942-7848 Main Gate: (815) 942-7301 On-Site Emergency Number – 7777 MIO Safety Training Basic Plus is required (Basic Plus is accepted from all ARSC members) (Plus) Morris Sites Specific Code (19LYOMOR) (Or) Three Rivers Safety Council www.trma.org TRMA - CSO - Contractor Safety Orientation on M-W-F TRMA - CSR - Contractor Safety Refresher on Tue – Thur. (Plus) Morris - Site specific training is done at Page 29 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Equistar Chemicals LP 300 Doremus Avenue Newark, N.J. 07105 NEO Contact Information for Injury Phone: (973) 578-2200 Fax: (973) 578-2230 Tuscola Plant Equistar Chemicals LP 625 East US Highway 36 Tuscola, IL 61953 TCO Contact Information for Injury Phone: (217) 253-3311 Fax: (217) 253-3105 On-Site Emergency Number – Plant Phone 222 or report by radio Channel 1 (HSE) Equistar Chemicals LP Victoria Plant 2695 Old Bloomington Hwy POB 513 Victoria, TX 77902 Contact Information for Injury Phone: (361) 572-2550 Fax: (361) 572-2541 VTO TRMA on M, Tu, W, Th, F (Lyondell) North American Substance Abuse Program (NASAP) is required TWIC is not a requirement at MIO Equistar Newark Hazards, and Unit/Departmental Specific Training (Conducted on-site) Contractors must rely on OSHA, or third party certifying agencies for specific training such as Welding, Confined Space entry & rescue, and Crane Operator, etc. Site Specific Requirements will be defined by the HSE Site Representative North American Substance Abuse Program (NASAP) Equistar Tuscola Site Specific Orientation (conducted on-site), and one of the requirements listed below: Basic Contractor Orientation form Three Rivers Manufacturer’s Association (call 815-744-3884 for information). Basis Plus TM Orientation course offered through the Association of Reciprocal Safety Councils. OSHA 10 Hour General Industry course from any OSHA authorized trainer. North American Substance Abuse Program (NASAP) Basic Plus (Basic Plus is accepted from all ARSC members) (19BH) Equistar-Victoria Facility Site Specific Orientation (given at Port Lavaca/Victoria Area Contractor Safety Council, HASC, and Brazosport Safety Council) (19ESTARV) North American Substance Abuse Program (NASAP) TWIC required On-Site Emergency Number – 2508 or report by radio on Channel 1 Page 30 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC Research Centers Cincinnati Technology Center 11530 Northlake Drive Cincinnati, OH 45249 CTC Contact Information for Injury Reporting Phone: (513) 530-4000 Fax: (513) 530-4268 Lyondell Chemical Company Houston Technology Center 8450 Sheldon Road Channelview , TX 77049 HTC Contact Information for Injury Reporting Phone: (281) 860 1104 Fax: (281)-860-1101 Other Locations (Non-Manufacturing ) General Requirements for LBT and DDC Cincinnati Technology Center Site Specific Orientation for resident contract workers (conducted on-site). Any Contractor working at the Cincinnati Technology Center is required to view the Visitor Safety Video available at the main lobby security desk. Contractors are required to have their own background policy and a substance abuse policy to be qualified to Work at CTC Basic Plus (Basic Plus is accepted from all ARSC members) Site Specific Orientation (given at HASC and/or HTC) North American Substance Abuse Program (NASAP) or Documented Drug and Alcohol program The following is a list of requirements for Contractors who do maintenance, repair or construction Work at Lyondellbasell Tower (LBT) and Dallas Data Center (DDC) Prior to Work at LBT or DDC, Contractors must first receive approval from the Procurement Department. This approval contains a review of Contractors’ safety performance and safety processes. All construction and maintenance Contractors must provide documentation that their employees have received safety training in proper personal protection equipment, safe use of tools and any other state, federal, or local required training for the type work they perform. Contractors are required to have a substance abuse policy to be qualified to work at LBT or DDC. All Contractors who Work at LBT or DDC must report any injuries, which may occur during their work at LBT or DDC immediately. An incident investigation of this injury must be completed within 48 Hours of the injury and submitted to the Contractor Host. All Contractors performing maintenance or construction at LBT or DDC must comply with the rules of the building owner in Attachments Page 31 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC LyondellBasell Houston Office 1221 McKinney Street Houston, TX 77010 LBT 1, 2 and 3. Prior to beginning Work at LBT Contractor must sign in on the 3rd floor at LBT, and the designated area at DDC. This is performed to assure that Contractor employees are accounted for should an emergency situation occur in the building. In addition to the above requirements Contractors working at LBT must understand the building requirements in the attached link: Phone: (713) 309-7277 Emergency Number –9911 OHC Building Rules.doc Security - 713-759-1002 Dallas Data Center (Information Technology) 4025 Midway Drive Dallas, TX 75007 DDC In addition to the above requirements Contractors working at DDC must understand the building requirements in the attached link: Phone: (972) 512-3100 DDC Building Rules.doc Page 32 Equistar Chemicals LP, Houston Refining LP, Lyondell Chemical Company, and LyondellBasell Acetyls, LLC