Fisher-How To Do Business - Fisher Scientific Regulatory …fsrqa.com/esh/docs/FisherScientificHTDB… · Web view · 2013-10-07All increases must, at a minimum, be offset by process

EXHIBIT A

HOW TO DO BUSINESSWITH

FISHER SCIENTIFIC

Objective

This document is intended for utilization by personnel of both Onyx Environmental Services, L.L.C. (”Onyx”) and Fisher Scientific International, Inc. and its subsidiaries (“Fisher”) as an attachment to the Waste Transportation and Disposal Agreement dated February 25, 2005 between Fisher and Onyx (the “Agreement”). However, instructions contained herein are generally directed to, and intended for consumption by, Onyx personnel. Any terms that are capitalized but not defined in this document shall have the meanings ascribed thereto in the Agreement.

This document outlines key elements of Onyx services and the partnering objectives that will set the service standard for business transacted between Onyx and Fisher.

Questions specific to the Agreement and this document should be addressed to the following individuals:

Thomas Tisa, REM, CHMMDirector, ESH SupportFisher Scientific, L.L.C.2000 Park LanePittsburgh, PA 15275-1126

412-490-8928 (Office)412-490-8930 (Fax)[email protected]

Jeffrey C. Reiterman Stacey HaglerNational Account Manager National Account TSROnyx Environmental Services Onyx Environmental Services621 Alex Court 5371 Cook RoadCranberry Township, PA 16066 Morrow, GA 30260

724-452-7708 (Office) 866-478-6750 (Office)724-452-7271 (Fax) 404-361-1252 (Fax)[email protected] [email protected]

Page 1 of 21document.doc February 25, 2005

mailto:[email protected]



I. Agreement and This Document

1. Overview

This document consists of the following: Terms and Conditions Attachment 1 – Fisher Facilities List Attachment 2 – Approved Disposal Facility List Attachment 3 – National Pricing (Disposal, Transportation, Labor,

Supplies, Services, Fuel Surcharge) Attachment 4 – Sample Letter for Additional TSDF Approval Attachment 5 – Sample Waste Information Profiles for Lab Pack

Chemicals (Distribution Centers Only) Attachment 6 – Fisher’s Cyanide Products List for D003 Cyanide

Lab Pack Chemicals Attachment 7 – Fisher Management of Diagnostic Test Kits Attachment 8 – Fisher Management of Diagnostic Test Kits for

Disposal and Disposal Pricing Attachment 9 – Best Practices Matrix Attachment 10 – Fisher Scientific Survey Attachment 11 – Strategic Performance Objectives

The Agreement is intended to cover the labor, supplies, equipment, transportation and disposal required to effectively provide Services at those certain Fisher facilities listed in Attachment 1 hereto. Onyx has been selected as the primary service provider to Fisher with respect to those facilities.

2. Terms and Conditions

The Terms and Conditions set forth in this document and elsewhere in the Agreement will remain in effect until amended pursuant to the Agreement or until the Agreement expires or is terminated.

3. Attachment 1 – Fisher Facility List

Attachment 1 lists the location, site contact, site phone number, and EPA I.D. and NAICS Numbers.

4. Attachment 2 – Approved Disposal Facilities

Attachment 2 identifies the disposal, treatment and transfer facilities approved by Fisher. Use of any non-approved facility must be reviewed and approved by Fisher in writing prior to its use. Requests to add a facility shall be made by the Onyx National Account Group to the appropriate Fisher contact (Tom Tisa).


5. Attachment 3 – National Pricing (Disposal, Transportation, Labor, Supplies, Services, Fuel Surcharge)

Where Transportation and Disposal pricing for a specific waste is not provided in Attachment 3, a quotation must be provided prior to Service.

All disposal, materials, and transportation rates shall remain fixed for a three-year period commencing on the effective date of the Agreement.

Manpower rates may be increased by no more than 3% commencing at the end of the second year. Said increases must be supported and justified by Onyx. All increases must, at a minimum, be offset by process improvement savings as defined in Exhibit A Section VI of the “How to do Business with Fisher Scientific” document. Documentation of and for such increases must be submitted to Fisher Scientific Commodity Manager Tom Juliano in writing at least 30 days before they can be effective.

Adjustments for fuel price fluctuations shall be permissible and in accordance with the Fuel Surcharge Schedule in this attachment.

II. Sales Activities

1. Contact Responsibility

Onyx Account Managers (unless otherwise assigned) shall be the primary contacts for the Fisher facilities. An effort should be made to maintain continuity regarding our service and contacts with the sites.

2. Requests for Quotations

Any request for transportation, disposal and/or services that is not identified in the Agreement shall be documented in a proposal that identifies the following:

Fisher facility generating the waste Description of the waste and/or service Associated profile/WIP number (if applicable). Disposal facility(s) to be utilized Disposal method Applicable pricing

The proposal should be sent to the Fisher site contact with a copy to Tom Tisa. The Fisher site contact should approve the proposal in writing prior to Onyx rendering service. If an unapproved disposal facility might be used to


provide a more competitive proposal, contact Jeff Reiterman, Onyx National Account Manager, to have the issue brought to the appropriate Corporate contact for review.

3. Waste Audit Process

Onyx Account Representatives shall review the current waste segregation, collection and storage procedures of the Fisher Sites they service to ensure that waste minimization activities and best practices are utilized. Reuse, Reclaim and Recycling options should be utilized whenever possible. Onyx is committed to offering the most economic treatment and handling alternatives while maintaining a high level of service and sound waste management practices. If an alternative is not identified in Attachment 2, the Onyx representative should document the proposed facility to be utilized, what the treatment technology is, and why Onyx is proposing it. This should be submitted to Jeff Reiterman for review along with the proper Fisher representative.

Onyx National Accounts will draft a letter to Fisher stating the proposed facility to be added. The letter will include supporting reason(s) for the addition, and that it is an Onyx approved facility. The facility will not be used until the letter has been accepted and signed by both Fisher and Onyx. See Attachment 4 as an example.

III. Services

A) Waste Segregation

Fisher requires that all hazardous waste and non-hazardous waste be segregated and packaged separately. This allows for more accurate documentation of waste reduction efforts in Fisher’s annual reports. Do not use non-hazardous waste as filler in hazardous waste lab packs.

Dependent upon specific State Regulations and Shipping Requirements, Fisher requests that all Non-Hazardous/Non-Regulated waste be shipped on Non-Hazardous manifests, and that all Universal waste be shipped on either Universal manifests or Non-Hazardous manifests, contingent upon the State having adopted the Universal waste regulations.

Additionally, all “P” listed waste must be packaged separately. This is for accurate reporting purposes at year-end. “P” listed waste is defined in 40 CFR 261.33, and must be the sole active ingredient to obtain a “P” listing.

Example: Many of Fisher’s diagnostic products contain small amounts of Sodium Azide as a preservative. It has a low concentration and is not the sole active ingredient. This should not be listed as P105.


Fisher requires lab packs to be profiled as follows for all distribution centers:1) PACKED LAB CHEMICALS – ALL HAZARDOUS (EXCEPT FOR “P” LISTED) 2) PACKED LAB CHEMICALS – HAZARDOUS SPILL CLEAN UP MATERIAL3) PACKED LAB CHEMICALS – NON-HAZARDOUS4) PACKED LAB CHEMICALS – “P” LISTED ONLY5) PACKED LAB CHEMICALS – CYANIDE D003 (See Attachment 6 – Fisher’s

Cyanide Products List)

Attachment 5 includes samples of each WIP. These samples must be followed for each location, including the Source, Form and System Type code associated with each profile.

Note: Fisher Distribution Centers do not have laboratories; therefore, the Source Code G22 should NEVER be used for waste coming from a distribution center.

Attachments 7 and 8 include identification, packaging, labeling, disposal requirements and pricing for Fisher Diagnostic Test Kits Containing Potentially Biohazardous/Infectious materials.

B) Waste Identification

Waste generated by warehouse facilities: In all cases, there are no “K” listed wastes; and, in most cases, there are no "F" listed wastes.

Formaldehyde is a “U” listed waste regardless of the concentration, as long as the formaldehyde is the sole active ingredient.

Unused sharps are not a federally regulated medical waste. Do not ship as a medical or infectious waste. Depending on state regulation they may be regulated as a potentially infectious waste. Onyx must verify proper labeling and handling in both the generator and disposal state prior to shipment. Sharps should be packaged in a suitable puncture proof container and clearly identified as sharps for safe handling.

Fisher generates products made from human serum. It is stated in the product insert that this is potentially biohazardous or potentially infectious medical waste (PIMW). Refer to Attachment 8 for specific procedures regarding this material.

Fisher does not generate “Regulated Medical Waste 6.2”. Fisher may generate “Infectious Substances Affecting Humans 6.2”. Please make note of this if Onyx is to manage any infectious waste for Fisher. A complete list (to date) of known infectious products is at the end of Attachment 7.

Fisher produces products that contain Thimerosol. Thimerosol is a mercury containing organic compound. Though the compound is typically found in concentrations of about 1%, it has been determined that the products that Fisher makes would fail the TCLP for mercury and should be handled as such (must treat as a D009 waste). For the material to be disposed of via incineration, it must contain greater than 1% organics (per EPA’s inorganic metal bearing combustion policy).


Waste Information Profiles (WIPs) must include the proper NAICS code on the WIP (instead of the older SIC code). The NAICS code for each facility can be found on the Fisher Facility List.

C) Waste Handling/Transportation

Onyx will review with the Fisher site contacts the best method of handling each waste stream. Onyx recommendations must address the health and safety issues, site permit restrictions, best waste management practices, disposal site requirements and economic considerations. Fisher has created the following hierarchy regarding the best waste management practices for the transportation and packaging of its waste.

Transportation/Packaging Hierarchy

1) DOT pack: Ship in original DOT shipping containers (i.e. shrink wrapproduct package to pallet; place existing containers into overpackcontainer)

2) Bulk on-site: Only with the approval of a Fisher representative3) Bulking off-site at an approved facility4) Lab Packaging

The direct shipment of waste to the final disposal facility is preferred, but storage facilities can be utilized for regulatory needs, service requirements and economic considerations.

D) Treatment/Disposal Options

The Agreement requires Onyx to evaluate and propose the best waste management practice for waste streams generated by Fisher. This evaluation must take into account regulatory requirements placed on the waste and economic considerations. The following hierarchy must be used:

Treatment/Disposal Hierarchy

1) Recycle/Reclaim/Recovery/Substitute for Chemical Product2) Fuels Blending3) Aqueous Treatment4) Incineration (non-RCRA/RCRA regulated)5) Landfill (non-RCRA/RCRA regulated)

E) Manifest Completion

Onyx will be responsible for manifest completion. The manifest should be printed using either Onyx’s in house manifest system or on site at the completion of the job. At no time should a manifest be hand written. As per the terms and conditions of the Waste


Transportation and Disposal Agreement, Onyx is responsible for the completeness and accuracy of all manifests.

Multiple waste codes must be used as required. Follow state specific code hierarchies when they apply. Be sure that DOT shipping names are complete and accurate. All waste codes must be identified on manifest in Section J. Also indicate ultimate disposal facility and technology in Section J or Section 15.

Onyx personnel must review all manifests for correctness prior to signature by the Fisher contact and prior to submittal to the state agencies. Please keep in mind that all errors in manifesting reflect poorly upon both Fisher and Onyx.

F) Lab Packs

Transportation and disposal should be invoiced when the material is removed from the site. Unless mitigating circumstances prevail, all lab packs will be removed from the Fisher site at the completion of the lab pack job. Any mitigating circumstances must be communicated with the Fisher facility contact.

Onyx should take all necessary steps to limit the amount of materials that require Lab Packing for Incineration.

G) Certificate of Tracking (COT)

Onyx will provide Certificates of Tracking (COT’s) for all shipments of waste from Fisher locations within six months of shipment. COT’s are also available on theOnyx website, onyxes.com.

IV. Additional Items

1. Training

Onyx field personnel will help instruct Fisher site personnel on issues relating to the storage, labeling and handling of its waste. This training is not intended to replace that training required by law. The intent is to take 10-15 minutes while Onyx is on site to review the pertinent regulations that apply to the types of waste and containers the site handles. Onyx should advise Fisher if Onyx spots any practices that could be improved to help Fisher reduce cost or improve efficiency. Fisher is looking to Onyx as the experts to help Fisher improve.

Onyx National Accounts will be responsible for training Onyx employees on the HTDB Guide. Fisher will be responsible for site-specific training to Onyx employees for specific procedures and expectations at each Fisher location.

2. Best Practice Matrix


Onyx will complete a report to Fisher on a quarterly basis of best practices that have been proposed, initiated or rejected. That report will be submitted in the format in Attachment 9. That report will be used for quarterly meetings between Fisher and Onyx to discuss best practices and broader applications for all of Fisher.

3. Quarterly Meetings

Onyx and Fisher will meet on a quarterly basis to discuss cost savings from commercial pricing, best practices, site spend reports and problem resolution. This meeting will be attended by Onyx GNP representatives and Fisher Procurement and Environmental groups. Meeting schedules will be set at the beginning of each year.

V. Quality Assurance

Onyx is committed to delivering preferred solutions to Fisher. To facilitate the highest level of service, a baseline survey will be distributed to all Fisher Coordinators. These surveys will be studied, areas requiring improvement will be addressed, and areas of excellent performance will be studied to see how those ideas can be used system wide.

A survey will then be taken every six months in order to continue to measure both progress and additional needs. The Onyx National Account Manager and Fisher Director of ESH Support will review these surveys and discuss the results. See Attachment 10.



ATTACHMENT 1

FISHER FACILITIES LIST


ATTACHMENT 2

APPROVED DISPOSAL FACILITIES


ATTACHMENT 3

NATIONAL PRICING(Disposal, Transportation, Labor, Supplies, Services, Fuel

Surcharge)


ATTACHMENT 4

SAMPLE LETTER FOR ADDITIONAL TSDF APPROVAL


ATTACHMENT 5

SAMPLE WASTE INFORMATION PROFILESFOR LAB PACK CHEMICALS(Distribution Centers Only)


ATTACHMENT 6

FISHER’S CYANIDE PRODUCTS LISTFOR D003 CYANIDE LAB PACK CHEMICALS


ATTACHMENT 7

FISHER MANAGEMENT OF DIAGNOSTIC TEST KITS

List of Fisher products that would be classified as PIMWApproved under PTA509089

List of Fisher products that would be classified as InfectiousNot Approved under PTA509089


ATTACHMENT 8

FISHER MANAGEMENT OF DIAGNOSTIC TEST KITS FOR DISPOSAL AND DISPOSAL PRICING

Waste Description

The in-vitro diagnostic test kits generated by Fisher are unused products that require proper disposal. The test kits vary widely in their chemical constituents and associated waste classification. Some of the diagnostic kits contain reagents that are derived from human blood or blood plasma. Based on the diverse hazards of this waste stream it has been determined that the preferred method for disposal is incineration at a commercial hazardous waste facility.

Disposal Approval

Disposal approval has been obtained from the Onyx incinerator located in Port Arthur, Texas. The corresponding approval code is PTA509089 and is attached. Under this approval, shipments may be made either directly from the waste generating location to the Port Arthur facility, or shipments may be first routed through an Onyx storage and transfer facility.

Waste Constituents and Classification

Fisher has developed a database that lists the vast majority of the chemical reagents or constituents that are present in the diagnostic kits. Some kits are classified as hazardous waste while others are non-hazardous. It is the responsibility of Fisher and Onyx employees to assure that all hazardous constituents are properly identified on the shipping papers (Onyx packing slip) and the appropriate waste classifications are assigned. A list of possible hazardous waste codes applicable to this wastestream is found in attached profile. A complete list (to date) of Fisher products that would be classified as PIMW and approved using this disposal code follows in this section (PIMW Product List.xls).

In addition, a certification has been completed by Fisher that states that although the diagnostic kits may contain reagents derived from human blood and plasma, there are no known infectious agents present in the reagents and the kits are unused. Based on this certification the waste stream would not be classified as an infectious waste.


Unacceptable Wastes

Approval code PTA509089 is specific to unused diagnostic test kits. The following items are not acceptable under this approval:

Kits which have been used. Other site wastes including lab pack and infectious waste. Any unprotected sharps (i.e. that have been removed from the kits). Any hazardous wastes which may not be incinerated, including elemental mercury,

or metal bearing compounds that do not contain greater than 1% organics.

Note: Fisher does not generate “Regulated Medical Waste 6.2”. They may generate “Infectious Substances Affecting Humans 6.2”. Please make note of this if Onyx is to manage any infectious waste for Fisher. A complete list (to date) of known infectious products that are not approved using this disposal code follows at the end of this section (fisher cat # 6.2.xls).

Shipment Preparation

The packing slip prepared at the time of shipment by the Onyx field personnel will list the name of the diagnostic test kit. The packing slip will also detail all of the hazardous contents present in the test kits and include an accurate volume and/or concentration. For example: 2 x 10 ml vials containing 0.1% HCl. If there are sharps present in the kit it must be indicated on the packing slip.

Test kits that contain reagents that carry a potentially biohazardous warning statement should have the following statement included on the packing slip – “may contain potentially biohazardous materials”. A Potentially Infectious Medical Waste (PIMW) certification is not required to be completed at the time of shipment, as the original certification completed by Fisher is on file at the Port Arthur facility.

Packaging will consist of the kits being placed in an outer USDOT specification container. The container should be plastic or fiber and not exceed 30 gallons in size. Other containers may be able to be used on a case by case basis. Contact Onyx Port Arthur prior for acceptance.

Upon acceptance at the Port Arthur facility the packing slips will be reviewed to assure that the waste and packaging meets the approval guidelines. Though an existing approval exists, Port Arthur may require a new Certification Form for PIMW materials to be completed for this specific shipment. Make sure this is discussed prior to scheduling. The form is found in this section.


ATTACHMENT 9

BEST PRACTICES MATRIX


ATTACHMENT 10

FISHER SCIENTIFIC SURVEY

Thank you for your confidence in Onyx Environmental Services. As Fisher Scientific’s service company, we strive to continually cultivate rapport, satisfaction and confidence. This survey is intended to measure not only the successes of this relationship, but area’s that require improvement. Please take a few moments to complete this survey. Upon completion forward to:

Tom Juliano at Fisher ScientificFax: 412-490-9238Email: [email protected]

Location: __________________________ Your Name:______________________

Date of Completion:_________________________

Poor Satisfactory Good Excellent 1 2 3 4

OPERATIONSField crew worked_______Field crew arrived on time_______Scheduling/Pick-up procedures_______Paperwork was reviewed with you_______Field crew was technically knowledgeable______Work site was left clean______Service you received this pick-up______

SALESProposal delivered timely______Proposal easy to understand______Account representative returned calls promptly______Frequency of sales visits prior to pick-up______

OFFICEPhone calls answered professionally______Detailed/Accurate messages minimized "phone tag"______

What could we do to make the experience better for you?

What services would you like to see that ONYX ENVIRONMENTAL SERVICES is currently not providing you?

Other Comments:



ATTACHMENT 11

Strategic Performance Objectives


Documents

Fisher-How To Do Business - Fisher Scientific Regulatory …fsrqa.com/esh/docs/FisherScientificHTDB… · Web view · 2013-10-07All increases must, at a minimum, be offset by process