Any injured employee completes the Employees Incident Report form as soon as possible and appropriate.

     Investigate reported accidents and near misses. Ensure that all injuries are promptly treated by first aid. If the employee requires attention by a doctor (non-emergency), ensure that he or she is taken to the Companys designated primary care physician or hospital emergency room.

     In emergency situations, alert and cooperate with the local Emergency Medical Service and/or Fire Department. Inform the Safety Director immediately.

     All Supervisory personnel shall work at all times to develop and support safety consciousness and maintain a cooperative attitude among employees about safety.

     All Supervisory personnel should set an example by wearing required Personal Protective Equipment and complying with the safety policies, procedures, rules, regulations and orders outlined and hereafter set forth in this program. Supervisory personnel who fail to demonstrate, support, or comply with the Companys endeavors to maintain a safe and healthful workplace environment will be subject to disciplinary action.

Your Designation as a Competent Person

The legislation creating the Occupation Safety and Health Administration was enacted to protect workers from accidents and injuries occurring at work. For many workplaces considered dangerous by OSHA, a competent person must be present while the work is taking place. These competent persons are required by training or experience to recognize construction hazards, and take necessary precautions to avoid employee injuries.

The exact OSHA definition of a competent person is, one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Many people are ultimately responsible for employee safety, from the job estimator, the superintendent, to the employees themselves. In our effort, the competent person is the jobsite foreman. This means that you are our designated front line of safety. OSHA considers you management because your decisions in the field directly affect employee safety every day.

As a competent person, you must be able to avoid hazardous situations that may arise from, heavy machinery, trenching and excavating, fall protection, crane use and other regular construction risk exposures.

OSHA INSPECTIONS

The following outline form will provide the job superintendent and foreman with the steps that they should take in the event of an OSHA inspection.

An OSHA Inspector is required to show you his/her credentials at the beginning of any kind of OSHA inspection, accident investigation etc. Remember you are representing the company, and certain rights are afforded to the contractor when being inspected by OSHA.

If an OSHA inspector is on site, he/she is able to levy fines against the company ranging from minimum amounts in the hundreds of dollars range, to maximum penalties in the hundreds of thousands of dollars range. If an OSHA inspection is taking place, your responsibility is to protect the interests of the company; we could lose thousands of dollars if we are misrepresented.

I) Call the Company President and Safety Director to alert them that OSHA is on the jobsite. Typically the inspector will wait until a company top management official is present to have an opening conference. Tell the inspector when your safety director will most likely be on site so that they may feel free to come back when representation is available.

2) If no other company official is available, you must represent the company in the inspection.

3) Be polite, the inspector is doing his or her job, just like you are. Be cooperative, but do not        offer any company information voluntarily.

4) Always get the inspectors name, and business card.

5) The inspector should tell you why he/she is on site:

a)   A complaint from an employee. The supervisor has the right to see the complaint, but do not ask who the employee is that submitted the complaint.

b)   A passing inspector noticed an unsafe act while traveling on the roadway. An OSHA Official must stop if they believe an employee is in a dangerous situation.

c)   The company name came up for a random inspection. This is the least common.

d)   An accident that involved serious injuries or serious news coverage has occurred. OSHA has come to determine the cause of the accident, and if any safety deficiencies led to the incident.

6) The inspector will ask you for certain records, some of these are available in the main office such as training records or our OSHA 300 log. Others you should have in your truck or job trailer:

a)   Present Company Safety Program.

b)   First Aid Kit

c)   Fire Extinguisher

d)   Material Safety Data Sheets

e)      Tool Box Safety Meeting Sheets

7)  The inspector has a right to interview employees about the company safety policy. This should be done in an informal matter at the jobsite.

8)  The supervisor must never allow the inspector to go around the jobsite by him or herself; you should accompany them to assure their safety on site.

9)  The supervisor must take notes of any questions the inspector asks, where they went on the jobsite, what they looked at, measured, who they interviewed, etc.

10)       If the inspector points out a situation as hazardous, the supervisor should take steps to satisfy the inspector but point out why the situation is not dangerous to employees, using examples such as:

a)   Manufacturers recommended procedures

b)   Low hazard exposure

c)   General industry acceptance

11)       All inspections must have a closing conference at which all parties should be represented.

12) Please note that OSHA must have a court order to shut down a job.

13) OSHA cannot levy fines on-site, therefore no penalties must be paid on the spot.

Employee Safety Responsibilities

The health and safety of each Employee is a major responsibility. Therefore, all employees must share this obligation.

Employees must take every initiative for their own safety and that of co-workers. Employees must know and follow safe and proper procedures, and be aware of the hazards pertaining to their job. Therefore, employees must at all times use the proper safety equipment provided.

As a condition of employment, employees must become familiar with, observe and obey

company rules and established policies for health, safety and preventing injuries while at work. Additionally, employees MUST learn the approved safe practices and procedures that apply to their work.

Prior to beginning special work or new assignments, an employee should review applicable and appropriate safety rules.

If an employee has any question about how a task should be done safely, he/she must NOT to begin the task until they discuss the situation with their Foreman.

It is of utmost importance that employees immediately report any hazardous conditions, unsafe practices or improperly functioning equipment. Only by constant attention and quick reporting

by all employees will we be able to eliminate all hazards and thereby prevent accidents and make this the safest possible place of employment.

NO EMPLOYEE IS EVER REQUIRED to perform work that is unsafe.

Everyone who has agreed to work for Diamond Materials, LLC implicitly agrees to:

Follow safety rules and procedures exactly and ask questions about any part of the job not understood.

             Be responsible for his/her own safety and the safety of fellow Employees.

Report all injuries/incidents immediately upon occurrence to your Foreman no matter how minor.

Regard safety as an important part of getting the job done.

Specific Job Execution Requirements

Employees are specifically PROHIBITED from performing a job, task or assignment if they have not been trained in safety rules and safe working procedures relating to that specific work.

When a new job or non-routine task involves heavy lifting, or a specific type of work that has not been previously reviewed for potential hazards and job safety requirements, a safety assessment will be conducted by the affected Job Site Foreman and the Safety Director prior to beginning this work.

The planning and review will consider the following:

     Equipment requirements, including Personal Protective Equipment (PPE).

     Visual survey of the area/vicinity of the lift or task.

     Inspection of workplace environment, ergonomics and dynamics of the task as they relate to safety and health, materials and equipment required, personal protective equipment required.

     Employee safety instruction needed to do the job safely, including:

o    The proper way to do the work;

o    Safety rules pertaining to the work;

o    Safe working procedures; and

o    Proper use of Personal Protective Equipment. Emergency procedures.

Workplace Safety & Health Overview

98% of all accidents are preventable.

88% of all accidents are due to human failure.

10% of accidents are caused by condition failure.

Only 2% would even qualify to be considered acts of God.

Most accidents and injuries at work are caused by unsafe acts. Unsafe acts can develop into unsafe working habits. Project Managers, Foremen and Employees at Diamond Materials, LLC have personal responsibility to make sure that this does not happen. Everyone must observe safe work practices with every job or task. Everyone must stay alert to recognize hazards, and then act to eliminate them.

Many injuries occur while workers are performing routine tasks. Even high-hazard jobs can become routine over time. Complacency leads to carelessness. Shortcuts are taken more and more often, increasing the odds of an accident. The worker knows he or she is cutting safety short. Fellow workers in the area almost certainly notice.

The injury happens. There is loss of a hand, or eyesight, or movement from the neck down.

Perhaps one or more lives are lost forever to the victims, families, friends and fellow workers.

Everyone calls it an accident, as if something could not have been done to prevent the tragedy.

An unsafe condition is often the result of someone elses unsafe act. This is why each Employee must develop good work habits and properly plan each task to avoid accidents and injury.

Employees must know and follow all safety regulations. Employees must inform their Foreman if they do not have adequate safety protection in any work activity, or if they do not know how to do the job safely. Prior to beginning any task, workers must know exactly what is to be done, and how to do it safely.

Employees must be constantly concerned about protecting themselves and others. They should make sure that tools and equipment are in proper working order. They should not attempt to repair a tool, machine, electrical circuit or vehicle unless they are trained and authorized to do so.

Employees should report any unsafe equipment or work situation to their Foreman immediately. Any kind of horseplay is absolutely prohibited, as are alcohol and unprescribed drugs in the workplace.

There is usually no mystery about how workers get hurt. The most common causes of injuries are simple and easy to understand:

     Striking against an object, or being struck by one

     Getting caught in, on or between objects

     Falling down, falling off

     Contacting electric current, temperature extremes or radiation

     Inhaling, swallowing or absorbing harmful material

     Over-exertion from lifting, pulling, pushing or reaching

     Noise causing injury to the ears or hearing loss

The most effective methods for preventing accidents are also simple and obvious:

     Prepare for the job or task

     Look all around and expect the unexpected

     Let others know what you are doing pass the word

     Follow the rules and stay alert

     When work is completed, leave the area clean and clear of hazards

Diamond Materials, LLC has established a comprehensive Workplace Safety and Health Program. The Program applies to all Company operations at all levels. It has the full support and active commitment of Management, to encourage all Employees to make it work.

It is the policy and philosophy of Diamond Materials, LLC that all employees are provided with proper job and safety training, as well as a safe and healthful working environment, free of recognized safety and health hazards. The Program is intended to help achieve these goals.

Management, Project Managers and Foremen are responsible and accountable for the safety and health of all Employees through:

     Safety training

     Correcting safety hazards

     Encouraging positive, proactive attitudes.

     Recognizing and changing poor or inadequate Employee safety performance

     Using constructive discipline as required to enforce safety

·        Investigating all on-the-job accidents, injuries and near misses toward corrective action

Basic Safety Program Elements

This is intended as a helpful overview of the basic elements to be established by this Safety & Health Program. The items below can be used as an informal punch list to check off specific goals accomplished, and to highlight goals that need additional implementation.

     Management as its statement of Diamond Materials, LLC policy towards workplace safety, Employee responsibilities and accountabilities accepts this written Safety & Health Program. This is utilized for accomplishing Company goals relating to workplace safety.

     This Policy establishes an in-house Safety Director, who is designated to coordinate and manage the Companys safety program. Specific responsibilities for the Safety Director are explained in the Accident Prevention Plan. The Safety Director reports directly to the President of Diamond Materials, LLC.

     Safety Director and Supervisors are trained in their responsibilities relating to this Safety Program. These responsibilities include Employee training, job hazard identification, accident investigation, obtaining first-aid, and Employee supervision relating to safety and injury prevention. Specific Supervisor safety responsibilities are explained in the Accident Prevention Plan.

     All employees will be trained in their responsibilities relating to the Safety & Health Program. This includes general and specific safe work practices and hazard identification in their work area. Employees will be instructed to report all accidents, unsafe conditions and work-related injuries or illnesses to their Foremen IMMEDIATELY New Hires will receive initial safety orientation and training in safe working procedures BEFORE they begin work on any job site or work assignment.

     Formal workplace monitoring, through in-house and independent surveys will be conducted on an on-going basis. In-house monitoring will include safety surveys by Foremen and the Safety Director. Top Management will periodically review and participate in safety monitoring as a way to confirm results. All discovered hazards will be documented and the responsible Employee, Safety Director or Foreman notified so that corrective action can be taken. Company policy relating to monitoring, explained in the Accident Prevention Plan, will include a method of following up on recommendations to ensure that noted hazards are corrected or eliminated.

The Safety Director or Jobsite Foreman will conduct an accident investigation with emphasis on determining the actual cause of the accident and by what fault

     The Foreman will complete a written safety report, in the form and format provided by the company in a timely manner. The report will include any suggestions for corrective measures and action that needed to be taken.

     The Safety Director will review all accident investigation reports to understand circumstances of the incident, determine if appropriate and adequate corrective actions have been taken, and initiate any changes or additions to this written Safety & Health Program as may be indicated as a result of the incident. The Safety Director will also conduct a periodic accident analysis to determine overall trends in accident or problem areas in Company operations. This is explained in the Accident Prevention Plan.

     Management will utilize the concept of Job Safety Analysis (JSA) for each hazardous operation, to determine the steps required to perform the job safely, and to control hazards. Analysis will also help establish what type(s) of Personal Protective Equipment should be required for the task. JSA will be used as a training tool for Employees.

     Hiring procedures will also include reference checks, interviews, pre-placement medical evaluation (as required by the job description and allowed under the ADA) and a Motor Vehicle Records (MVR) check if the job involves or includes driving a vehicle in the course and scope of employment.

     Chemical safety standards, including compliance with the OSHA Hazard Communication Standard, include maintaining a Master File of Material Safety Data Sheets (MSDS), a Chemical Inventory List of all hazardous chemicals authorized for the workplace, and a copy of the Companys written Hazard Communication Program on each job site, workplace or Company establishment. The chemical suppliers or vendors will provide MSDS. Employees subject to handling any potentially hazardous chemical will use the MSDS in strict compliance with its guidelines, for the safe use, storage and disposal of these products.

     When Personal Protective Equipment (PPE) is required for a task, employees performing the task MUST use it. Employees will be trained in the proper use of PPE as required for proper selection, fitting, use, storage and maintenance of such equipment. PPE will be maintained in good condition, and ready for use at all times. Scheduled inspections will be held for PPE required on the job site. The Safety Director, or someone designated by the Safety Director, will conduct a Personal Protective Equipment Hazard Assessment to determine the type of PPE required to maintain employee safety.

There is no position or job at Diamond Materials, LLC, which requires employees to render First Aid or CPR in the course and scope of their employment. However, it will be every employees responsibility to immediately report all accidents relating to injuries and/or illnesses to their immediate Foreman. Employees must also call 911 for emergency medical aid for an accident.

     If the victim demonstrates any potential life threatening conditions. Emergency First Aid will be obtained by contacting the on-site First Aid Provider or by calling 911.

Employee training in First Aid and cardiopulmonary resuscitation (CPR) is encouraged because of its value and benefit to individuals, their families and the community. The Company supports any employee who, while on the job chooses to act as a Good Samaritan and assist a co-worker or another person with First Aid or CPR. First Aid supplies and basic personal protective equipment against bloodborne pathogens are provided and remain accessible to employees at every work site during all shifts.

     All employees will be trained in emergency and incident response procedures, including the use of portable fire extinguishers and emergency evacuation of the workplace.

     Records are maintained relating to safety, training, accidents, injuries and safety results. These include accident investigation reports, supervisor and employee reports of injuries, minutes of Safety & Health Committee meetings, records of Employee safety and job training, workplace safety surveys; Employee medical examination summaries and confidential records (as required), state workers compensation reports and OSHA­required documentation for reporting occupational injuries and illnesses. Medical records are available to affected employees upon request.

     Warning signs and barricades, as needed, will be posted in prominent places in the workplace.

     Weekly employee safety meetings and employee safety training will be conducted.

     Current emergency phone numbers will be posted near each telephone phone commonly used by employees in the workplace. Employees in remote locations will have access to a phone and posted emergency phone numbers for calling for assistance in the event of an emergency.

A scheduled maintenance program will be established for all production equipment, to maintain efficiency and safe operating levels. In assignments where employees are required to operate company vehicles, regular vehicle maintenance will be a part of this program. Drivers will be responsible for identifying vehicle defects and reporting them to the Shop Foreman for repair.

EMERGENCIES

In case of serious emergencies, such as danger to life or property, the rules of this manual may be temporarily changed to facilitate proper handling of the emergency.

OTHER SITUATIONS

All Foremen will give employees specific instructions on any situations not covered in this safety manual.

Safety in the Reception & Business Offices

Specific safety rules have been established for reception areas and business offices. They address exposures in both public and non-public areas.

     DO NOT allow litter or spilled liquid to remain on the floor.

     DO NOT leave boxes, wastebaskets, chairs or other obstacles in aisles or walkways.

     Keep restrooms clean and make sure that the floors are thy.

     Be especially careful with spills of coffee or other liquid beverages. Stop and clean up any spill IMMEDIATELY.

OFFICE MAINTENANCE

     Keep stairs, steps, step-ups and step-downs well lit. Make sure that hand rails, treads and risers are kept in good condition.

     Post warning signs if employees or visitors must step up or down when going over a raised threshold.

     Make sure that fire exits and fire extinguisher locations are clearly marked and visible from a distance and be sure that office and reception area fire extinguishers are inspected on a regular basis.

     Sidewalks and walk routes to employee parking must be well lit, clearly marked and free of holes or slip/trip hazards.

     Warning signs should be clearly posted near repair work or redecorating. Appliances, office equipment or electrical circuits should be tagged-out during repairs.

SAFETY HAZARDS

     If you notice that the floor is damaged or has a possible trip hazard, or that carpeting shows worn spots or holes which could be a trip hazard, notify your Supervisor.

     Make sure that electrical cords are concealed where they cannot cause a trip hazard for persons walking by.

     Report immediately any frayed electrical cord, damaged plug or switch, extension cord with a missing grounding plug, a cord draped over hot pipes or in situations which could cause damage to the cord.

     DO NOT use flimsy extension cords.

     Make sure that all electric equipment and appliances manufactured with three-pronged plugs are plugged into grounded outlets and have the third (grounding) prong intact on the plug.

PROCEDURES

     DO NOT use chairs, tables, desks, boxes, or drawers as stepping stools or ladders.

     It is dangerous to lean too far back in an office chair, or to put your feet up on the desk while sitting in a wheeled office chair or a chair that is tilted back.

     DO NOT run in the office.

     DO NOT leave desk or file drawers hanging open. Be sure that lockers, cabinets and bookcases are bolted or otherwise secured from falling.

     Remember to keep heavy file drawers to the bottom in a file cabinet, and empty or lighter drawers to the top. To prevent toppling, DO NOT open more than one drawer of a file cabinet at the same time.

     Store boxes, papers and books in secure places and not on top of file cabinets, storage cabinets or window sills.

     Mark transparent glass doors to make sure they can be seen.

     Turn off powered machines when not in use.

     DO NOT keep pencils in a holder with points up.

     Place the paper cutter on a stable surface when you use it. Latch the cutter blade when not is use.

     Do not mix razor blades, Xacto blades, pins or other sharps with paper clips.

     Use non-flammable fluids whenever possible, store flammable liquids (rubber cement, thinner, etc.) in original containers with lids tightly closed.

·        Strictly enforce No Smoking postings inside of Company facilities.

          DO NOT  store combustibles near heaters or other sources of heat or open flame.

EMERGENCY EVACUATION

     All office-based employees should be familiar with fire evacuation procedures.

     In the event of a fire evacuation, all employees will exit the building and gather in the front parking lot near the street

     The ranking on-duty supervisor is responsible for taking a roll call of employees to be sure all are accounted for.

     Be sure that emergency phone numbers are posted by each telephone.

INJURY RESPONSE

     Keep adequate first-aid supplies available specifically for the office and reception areas.

All accidents, injuries, slips, trips and falls must be reported and properly recorded, even if the employee involved does not believe he/she is hurt.

Accident Reporting & Investigations

Diamond Materials, LLC will investigate all work related accidents, injuries and near miss incidents involving employees or other persons, or significant damage to Diamond Materials, LLC property. The investigation will be used to develop preventive measures and implement corrective actions.

REPORTING

Employees of Diamond Materials, LLC are required to report any of the following to their immediate Supervisor:

·        Accidents or incidents resulting in injury or illness of any magnitude (including first aid related cases)

·        Accidents or incidents resulting in significant property or equipment damage

·        Any near miss incidents that could potentially have resulted in injury or illness to an employee, or damage to property

ACCIDENT INVESTIGATION

Job site foremen will be responsible for conducting accident investigations at their job sites. Upon notification of an accident or near miss incident, the Foreman will determine the following:

·        Flow the accident or incident occurred

·        Special circumstances involved

·        Underlying, indirect or associated causes

·        Corrective actions or preventive measures and controls indicated by investigation results

Accidents and incidents involving situations where multiple Foremen are affected, will be investigated as a joint effort with the Foreman of the job site in which the accident or incident occurred taking charge and being held accountable for the investigation.

DOCUMENTATION

The Safety Director will document all findings of the investigations for review. Accident and incident investigation documentation will record, as a minimum, the following information:

    Date and time of occurrence

    Name of person(s) involved, job title, area assigned and length of experience in the company with this job and time employee started work day

    Location of occurrence

    Nature and seventy of injury or illness

    Name of supervisor(s) conducting the investigation

    Job assignment or duties being performed at time of incident

    A list of any Personal Protective Equipment (PPE) and/or operator certification(s) required for this job or assignment, and whether the person(s) involved were using this PPE and/or held current certifications as required

    Special circumstances or encumbrances and details of how the accident or incident occurred

    Equipment affected or involved

    Comments of the person(s) injured or directly involved (unless unavailable due to injury),

            names and comments of witnesses

·        Apparent indirect, underlying or contributing factors (including fault or failure in Safety & Health Program elements)

·        Corrective action(s) implemented or preventive measures taken (including Safety & Health Program adjustments)

Analysis & Review

Management and the Safety Director will review and analyze records and documentation pertaining to accidents, injuries and near misses in the workplace. Results of this analysis will help evaluate the effectiveness of the Safety & Health Program. The process also helps confirm that appropriate corrective action has been taken. These reviews will be conducted at least quarterly, or more frequently if greater attention seems warranted.

Reviews will focus on hazard analysis and recognition of developing trends. Trend analysis will identify recurring accidents and near miss incidents resulting in, or potentially involving Injury, illness or property damage. The analysis will also recognize repeatedly identified hazards and/or violations needing corrective action(s) to establish which program component is failing and allowing this hazard or violation to exist. Special attention will be devoted to areas and criteria that demonstrate failure in this Accident Prevention Plan. This Accident Prevention Plan will also be revised to include the introduction of new procedures, processes and/or equipment as needed.

Project Managers and their job site Foremen will provide information and recommendations for corrective measures for trends developing on their job sites.

Employees will be made aware of developing trends and hazard exposures as they are recognized. Trends of accidents or hazard recurrences will be a focal point for corrective action and employee training as needed. Project Managers and Foremen will follow recommended corrective measures until the causing factors of identified hazards have been eliminated or controlled.

Employee training records will also be reviewed on a regular basis to ensure an adequate and effective training program is maintained. Employees will also be interviewed from time to time to establish retention of training and determine when information should be supported or repeated.

Periodic Review & Revision of Program Elements

The Safety Director and/or others who may be designated by the President of Diamond

Materials, LLC will review and revise the components of the Accident Prevention Plan and the

Master Safety Program for effectiveness and implementation at least annually.

Special attention will be devoted to areas and criteria that demonstrate failure in a Program component, and introduction of new procedures, processes or equipment

Corrective measures will be taken as needed to re-emphasize or restructure the Accident Prevention Plan, safety and health programs to perform at optimum effectiveness.

DRUG AND ALCOHOL AWARENESS POLICY

Diamond Materials, LLC has a vital interest in maintaining a work environment that promotes the health, welfare, and safety of its employees. Being under the influence of drugs or alcohol poses unnecessary and unacceptable safety and health risks, not only to the user, but to all those that work with him or her. The Diamond Materials, LLC has enacted and will carry out reasonable measures for ensuring a drug free workplace.

The possession, transfer, manufacturing, distribution, sales, or use of alcohol or illicit drugs is not permitted on Diamond Materials, LLC premises or jobsites, or while operation, repairing, or maintaining Company equipment, or vehicles, or while operating a personal vehicle on Company business. Any employee or subcontractor violating this policy will be subject to immediate termination for the first offense. Any visitor found in violation will be escorted off the site.

The Diamond Materials, LLC recognizes that chemical dependency is a serious health problem. Diamond Materials, LLC encourages all employees to seek assistance for such problems. Reasonable efforts will be made to provide any help requested by the employee. All supervisors and those charged with administering this policy will use every effort to maintain strict confidentiality.

Disciplinary Procedure

Diamond Materials, LLC believes that safety, quality, and production are three essential components that make for a successful project. The employees of Diamond Materials, LLC and the subcontractors, who work on our sites, are essential components, which will make our project and safety program effective.

Safety rules are made to protect the employee from injury, therefore it is easiest to follow safety rules, and best work practices. Site management must have the authority to make disciplinary decisions in the event of safety or disciplinary violation on the project. This is why Diamond Materials, LLC has established this progressive disciplinary policy.

The following progressive disciplinary procedures are in place on all projects, unless otherwise specified in the jobsite safety program:

First Offense:                            Written warning to the employee

Second Offense:                       Written warning, and discussion between the jobsite foreman, and Project Manager

Third Offense:                           Employee suspended 1-5 days, a $50.00 Fine, and notice in writing that the next offense will result in dismissal.

Fourth Offense:                         Employee Terminated. Employee can only be re-hired with the permission of the company president.

Sometimes the work will not accommodate the loss of an employees time due to a disciplinary penalty, therefore, Diamond Materials, LLC reserves the right to deduct vacation days as equal penalty to suspension days. Employees without vacation days must be suspended. They are not able to make up for suspension time with overtime.

Not withstanding the above progressive disciplinary program, the company may at any time terminate an employee for a violation of a safety regulation or disciplinary violation (even if it is the employees first offense) if in the opinion of site management the violation is sufficiently serious to merit immediate discharge.

EMERGENCY PREPAREDNESS PLAN

Diamond Materials, LLC

A.         IN CASE OF FIRE:

1.   Remove anyone in immediate danger to safety; warn others who are endangered by the fire.

2.   Call 911, clearly and concisely report your name, location, address and a description of the situation.

3.   Notify the Diamond Materials Superintendent and the company Safety Director of the situation.

B.         IN CASE OF AN ACCIDENT:

1.   If medical assistance is required, call 911.

2.   Notify the Diamond Materials, LLC Superintendent or Site Foreman.

3.   Provide as much information as possible regarding the incident.

4.   The Diamond Materials, LLC Superintendent or Job Site Foreman follow-up will include the following:

a.         Ensure that 911 has been called.

b.         Ensure that both the situation and the victim(s) are stabilized.

c.         Investigate to determine what happened so that steps can be taken to ensure that it doesnt happen again

d.         Complete the initial Incident/Accident report and if required, follow up with the appropriate Subcontractor for a copy of their formal Incident/Accident report.

e.         Take pictures and interview other personnel at the site.

f.           Inform the company Safety Director immediately.

C.                 CHEMICAL SPILLS OR LEAKS:

1.      Treat any spill, leak or fumes with caution when first encountered.

         a.          Notify workers in the immediate area of the situation.

b.         Notify the Diamond Materials, LLC Project Superintendent and Job Site Foremen.

c.          Seal off the area to ensure that other workers and visitors do not enter the affected area.

d.         Contain the spill using appropriate materials to stop it from spreading.

      2.   The Diamond Materials, LLC Superintendent and Job Foremen responsible for the materials, will determine what the material is and what steps are needed to be taken, for both the emergency and for clean up, from the information contained on the Material Safety Data Sheet to include the following:

a.          What risks are involved

b.         What precautions are required to be taken immediately

c.          If the material is toxic and can cause personal harm, evacuate the area immediately and call 911 for further action.

d.         Notify the company Safety Director immediately.

     D.          GENERAL:

      1.   Review and maintain all Material Safety Data Sheets for materials being used on site. Note specific requirements for handling, storing and requirements for personal protective equipment.

      2.   Have available on site appropriate retaining or absorbing materials to be used in the event of a spill or leak.

SPILL CONTROL PLAN

Vehicles are equipped with emergency reflective triangles, first aid kits, shovel, broom, gloves and dry safety absorbent to accommodate a spill that may occur. In addition, vehicles are equipped with tarps to be used to cover all loads being hauled to aid in preventing spillage. Should a spill occur, our drivers are instructed to follow DOT safety Regulations and to use the equipment carried on the vehicle to secure the spillage.

Drivers will use the tarps to cover all loads. In the event of a spillage, drivers will secure the area and then call our company dispatcher located at 924 South Heald St., Wilmington, DE 19801, telephone (302) 658-6524 to advise of the spillage. Our dispatcher will then contact DNREC immediately at 1-800-662-8802 (in-state only) or (302) 739-5072 to advise of this spillage so they may respond.

If the spillage should occur at a time that our corporate office is closed the driver shall contact CHEMTREC at 1-800-424-9300 to report the spill.

EMERGENCY TELEPHONE NUMBERS

 FIRE AND POLICE EMERGENCY                          911

DELAWARE STATE POLICE                   302-368-6566

NEW CASTLE COUNTY POLICE                                      302-571-7930

CLAYTON POLICE                  302-653-8186

ELSMERE POLICE                  302-998-1173

NEWARK POLICE                    302-995-1141

WILMINGTON POLICE           302-654-5154

CHRISTIANA HOSPITAL         302-733-1000

ST FRANCIS HOSPITAL          302-421-4100

WILMINGTON HOSPITAL      302-733-1000

CONECTIV ENERGY (GAS/ELE)                                  302-454-0300

ARTESIAN WATER                  302-453-6971

UNITED WATER DELAWARE    302-633-5900

DELAWARE ONE CALL LOCATOR        800-441-8355

ACCOUNT NO. 98205

NEW JERSEY ONE CALL LOCATOR     800-272-1000

PENNSYLVANIA ONE CALL                     800-242-1776

MARYLAND ONE CALL              8008355                                            

303 Harding Highway, Carneys Point, New Jersey 08069

303 Harding Highway, Cameys Point,

310 Woodstown Road, Salem, New Jersey 08079