Article I - PREAMBLE

Current through April 27, 2019

FMC Corporation, Kemmerer, Wyoming plant (FMC) produces formed coke by a proprietary experimental process. Wyoming Occupational Health and Safety Commission (WOHS) agrees that pursuant to Section 27 - 282(f) of the Wyoming Statutes that all information pertaining to FMC's plant shall be maintained as a trade secret.

The process used by the Kemmerer plant generates coke oven emissions as defined in Chapter VII, Section 1. x. ( 1)(f) of WOHS Rules & Regulations, General. Employees present in the plant while coke is being produced may be routinely exposed to coke oven emissions.

Chapter VII, Section 1. x. regulating coke oven emissions becomes operative through Section 1. x. (4) defining regulated areas. WOHS recognizes that: - the FMC coke process does not contain any such areas; therefore, the only regulation applicable to the FMC Coke Plant, except as provided herein, is contained in Chapter VII, Table 1, General Rules and Regulations and 27-278- (p)(I) and (q) of the Wyoming Occupational Health and Safety Act which states:

(p)

(I) "Each employer shall furnish to his employees, a place of employment and employment which are free from recognized hazards that are causing or that are likely to cause death or serious physical harm."

(q) "Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct."

Pursuant to Chapter VII, Section 1. x. , Paragraph (1) (b) , FMC Corporation and the WOHS Commission agree that the Articles of this agreement are the applicable standards for controlling coke oven emissions at the FMC Kemmerer plant and have the same force and effect as any other rules and regulations promulgated by the Wyoming Occupational Health and Safety Commission.

This agreement in no way obviates FMC Corporation's obligation to meet standards provided by the Wyoming Occupational Health and Safety Act or rules and regulations promulgated thereunder that are applicable to protection of Health & Safety of employees from other than coke oven emissions.

This agreement supersedes any effective dates provided for in Chapter VII, Section 1. x. of the Wyoming Occupational Health and Safety Rules and Regulations, General-.

This agreement shall be effective January 1, 1978.