Minger Construction_SAFETY MANUAL and APPENDIX_2022

Minger Construction Companies Incorporated Health & Safety Manual REVISED SPRING 2022

TABLE OF CONTENTS SECTION 1 POLICY REVSION DISCLAIMER ………………………………………...3 SECTION 2 POLICY STATEMENT……………………………………………………...4 SECTION 3 STOP WORK POLICY…………………………………………………........5 SECTION 4 AWAIR PROGRAM…………………………………………………………8 SECTION 5 HAZARD COMMUNICATION & RIGHT TO KNOW PROGRAM……...28 SECTION 6 GENERAL SAFETY RULES………………………………………………37 SECTION 7 VIOLATION & DISCIPLINARY ACTION………………………………..43 SECTION 8 INCIDENT REPORTING AND INVESTIGATION PLAN……………….46 SECTION 9 RETURN-TO-WORK PROGRAM………………………………………...50 SECTION 10 COMPLIANCE INSPECTIONS BY REGULATORY AGENCIES……….55 SECTION 11 HOUSEKEEPING & GENERAL WASTE MANAGEMENT……………..62 SECTION 12 HAND & POWER TOOLS…………………………………………………66 SECTION 13 FIRE PREVENTION & PROTECTION PLAN…………………………….72 SECTION 14 CONFINED SPACE ENTRY PROGRAM…………………………………76 SECTION 15 HOT WORK, WELIDNG & CUTTING PROGRAM………………………88 SECITON 16 HEAVY EQUIPMENT PROGRAM………………………………………..96 SECTION 17 POWERED INDUSTRIAL TRUCKS PROGRAM……………………….108 SECTION 18 BLOODBORNE PATHOGENS…………………………………………..113 SECTION 19 FIRST AID PROGRAM…………………………………………………...124 SECTION 20 EXCAVATION & TRENCHING…………………………………………132 SECTION 21 GROUND-FAULT PROTECTION……………………………………….148 2

SECTION 22 MATERIAL HANDLING, MANUAL LIFTING & STORAGE………….152 SECTION 23 HEARING CONSERVATION PROGRAM………………………………155 SECTION 24 LADDERS…………………………………………………………………163 SECTION 25 PERSONAL PROTECTIVE EQUIPMENT………………………………168 SECTION 26 MOBILE CRANE PROGRAM……………………………………………176 SECTION 27 RIGGING & SIGNALING PROGRAM…………………………………..190 SECTION 28 FALL PROTECTION PROGRAM………………………………………..195 SECTION 29 LOCKOUT/TAGOUT…………………………………………………….206 SECTION 30 ELECTRICAL SAFETY PROGRAM…………………………………….211 SECTION 31 RESPIRATORY PROTECTION PROGRAM……………………………216 SECTION 32 SILICA DUST HAZARDS………………………………………………..222 SECTION 33 HAZWOPER PROGRAM………………………………………………...230 SECTION 34 DEMOLITION PROGRAM……………………………………………....238 SECTION 35 BENZENE – CHEMICAL EXPOSURE PROGRAM…………………….264 SECTION 36 HYDROGEN SULFIDE (H2S) AWARENESS…………………………...250 3

SECTION 1: POLICY REVISION DISCLAIMER This Health and Safety manual is a helpful source of information concerning the safety and health of all Minger Construction Co., Inc. (Minger) employees as well as anyone who visits or performs work on Minger job sites and or company property. The information contained within this manual replaces all previous written materials issued by Minger Construction Co., Inc., regarding health and safety. Minger Construction Co., Inc. reserves the right to revise this document at any time by adding, deleting or altering any existing policy and/or procedure. The rules and regulations set forth in this manual are as complete as possible, however these rules and regulations may not be all inclusive for the fact that unforeseen circumstances may arise after the publication and distribution of this information. Minger may vary from the policies and procedures, if in the company’s opinion, the circumstances require such action. The job specific or permanent revisions to this document will be made accordingly as circumstances require and the information will be communicated with all employees in a timely manner to minimize and/or eliminate employee exposure to the potential hazards on the job site. 4

SECTION 2: POLICY STATEMENT Minger Construction Co., Inc. (Minger) is firmly committed to providing all employees a safe and healthy work environment. Minger is striving to perform work in a professional, productive, safe and high-quality manner. Concern for the safety of our employees is our greatest responsibility along with safeguarding the general public and our customer’s property. Safety is an integral part of how we do business and we have adopted a comprehensive plan to carry out that philosophy. Our policy is to provide a safe working environment, free of hazards and to provide adequate safety devices and all required training to all employees. It is our goal to create safety awareness among our employees so that each individual understands that they have the ultimate responsibility to work safely. Unsafe work practices by an individual can often lead to accidents; even in a safe working environment. It is our goal to eliminate both unsafe practices and conditions that cause losses. We operate with the philosophy that quality; safety and productivity complement each other. Further, it shall be the policy of our company to: • Comply with federal, state, and/or local regulations governing the workplace. • Take prompt action to correct or control unsafe conditions or work practices. • Promote safety awareness. • Hold each employee accountable for safety and, • Encourage our employees to inform their Supervisor immediately when unsafe conditions are present without fear of reprisal. • Take every reasonable precaution to ensure that employees can accomplish their work in the safest possible manner. Minger’s efforts toward employee safety, combined with employee commitment to our safety program, will eliminate accidents and injuries, and create a more productive and cost-effective workforce. Luke Minger President 5

SECTION 3 STOP WORK POLICY 6

SECTION 3: STOP WORK POLICY All Minger Construction Co., Inc.’s employees, subcontractors and authorized guests are empowered with the authority and responsibility to stop work activities considered to be an “imminent danger”. Imminent danger is defined as any condition or practice with likelihood to cause death, serious injury or environmental harm. Work that has been stopped by a stop work request shall not resume until the issue is resolved. Stop Work Procedure 1. STOP. In the event of a perceived unsafe condition or behavioral action a “stop work” intervention should be immediately initiated to “stop the work” with the person(s) potentially at risk. 2. NOTIFY. Notify affected personnel and supervision of the stop work action. If necessary, stop all work activities that are associated with the work area in question. 3. INVESTIGATE. Affected personnel will review and discuss the situation and come to an agreement on the stop work action. If all parties agree that the condition or act is safe to proceed without additional modifications, the SWA is complete at this point and no further steps are needed. 4. CORRECT. The condition(s) or act(s) that posed a threat or imminent danger to a person(s), equipment, or the environment must be corrected before restarting work. 5. RESUME. When the affected area(s) has been inspected by a qualified person and all safety issues have been appropriately resolved, the area(s) will be reopened for work by the qualified person. All affected employees and contractors will be notified of what corrective actions were implemented and that work will recommence. 6. MONITOR. Measuring and evaluating the level of control that is achieved is an essential step in ensuring that the issue(s) is entirely abated. It is prudent to ensure the corrective action(s) was correct with follow-up inspections and interviews. Further investigation and corrective actions may be required to identify and address additional root causes discovered from such monitoring activity. 7. COMMUNICATE. An authorized person should publish the incident details regarding the stop work action to supervisory staff, managers, and employees outlining the issue, corrective action(s) taken, and lessons learned. Senior management will promptly review all stop work details and reports and identify any additional investigation or required follow-up to be done. No one is expected to perform any function or accept any direction that they believe is unsafe to themselves or others or creates an unsafe situation regardless of who directs such an action (regardless of title or level of authority). ___________________ 7 Luke Minger President

SECTION 4 AWAIR PROGRAM 8

SECTION 4: AWAIR PROGRAM Minger Construction Co., Inc. (Minger) is committed to providing a safe and healthful work environment for each employee while maintaining sound, profitable approaches to business solutions. We shall make every reasonable effort to safeguard our employees, customers, stakeholders, communities and the environment from risk inherent to our operations. Minger’s dedication to occupational safety and health requires our system for managing risk to establish standards of performance consistent with our commitment to continuously improve the processes of our operations. In order to, more effectively, reduce the likelihood of workplace accidents and injuries, our management system has integrated A Workplace Accident and Injury and Reduction (AWAIR) program. Upholding the standards and values of our organization is a requisite of employment at Minger Construction Co., Inc. We believe education is paramount in our efforts to prevent the occurrence of accidents and injuries in the workplace. Our methods to identify, measure and control risk shall be effectively communicated to all affected employees. Managing safe work practices is performed by holding each employee accountable for the standards of performance we train them to. Should an accident occur, Minger’s Safety Coordinator as well as other members of management shall investigate the root cause of the incident in order to develop controls for preventing a repeated breakdown in our management system. Minger’s AWAIR program outlines our procedures used to comply with the all regulations affecting our operations and describes employee practices for conformance to the established standards. Any questions regarding Minger’s policy and procedures should be directed to our Safety Coordinator at 507-217-7019. ___________________ Luke Minger President 9

SECTION 1: INTRODUCTION TO A WORKPLACE ACCIDENT AND INJURY REDUCTION In 1990, the State of Minnesota amended the Occupational Safety and Health Act, Minnesota Statutes (MS) Chapter 182, requiring employers in certain industries to develop written, comprehensive workplace safety and health programs. This legislation, MS 82.653, subd.8, is known as A Workplace Accident and Injury Reduction (AWAIR) Act and programs developed to comply with the act are known as AWAIR programs. The requirements of the act are as follows: WORK PLACE PROGRAMS Minger Construction Co., Inc. has established a written AWAIR program to establish standards for safe and healthful working conditions. This program shall clearly define the goals and objectives of this organization. The content of Minger’s Safety Policy and Procedure Manuals meet the compliance requirements of the AWAIR program. Minger’s written AWAIR program delineates: 1. How managers, supervisors and employees are responsible for implementing the program and how continued participation of management will be established, measured and maintained. 2. The methods used to identify, analyze, and control new or existing hazards. 3. How the plan will be communicated to all affected employees so that they are informed of work-related hazards and controls to reduce risk. 4. How work place accidents will be investigated and corrective action implemented. 5. How safe work practices and rules will be enforced. At a minimum, Minger’s Safety Coordinator and members of management annually review the AWAIR program and documents how goals for the program shall be met. Detailed information about AWAIR programs is available at www.doli.state.mn.us. SECTION 2: GOALS AND OBJECTIVES Minger’s commitment to continuous process improvement begins with establishing annual goals and objectives for our AWAIR program, which are used to track, update and communicate our progress to all employees. Goals establish the direction for our initiatives and describe what Minger Construction Co., Inc. wants to achieve in occupational safety and health. Objectives are the specific actions Minger Construction Co., Inc. shall take in order to achieve our organizational goals. 10

Goal 1: Enhance the claims management process for both injuries and general liability claims. Objectives: a. Establish a preferred provider clinic to handle non-emergency injuries out of state. b. Review and revise the Return-to-Work Program. c. Uphold and enforce the internal immediate reporting requirements of all injuries and accidents/incidents that occur at work. Goal 2: Active and visible presence in field operations to monitor and measure employee practices and jobsite conditions against Minger standards. Objectives: a. Perform regular and routine site inspections and provide immediate feedback on corrective actions to uphold Minger safety standards. b. Fix employee accountability to comply and conform to Minger safety standards. Goal 3: Improve Safety Committee activities and commitments. Objectives: a. Establish new members and elect positions within the committee. b. Effectively train new members of the safety committee for conducting successful field audits. c. Develop mentorship program for new employees amongst the field personnel. d. Establish audit process for reviewing skill sets of new hires in the field. Goal 4: Continue to invest in Minger Construction Co., Inc.’s Employee Training and Development Program to further develop employee proficiency. Objectives: a. Revise our new hire training program to effectively communicate and establish accountability-based standard practices and conditions in Minger Construction Co., Inc. new employees. b. Effectively train all employees on Minger policies and procedures for safe operations. c. Continue to integrate risk control into all company functions. 11

SECTION 3: ROLES AND RESPONSIBILITIES RESPONSIBILITES This section of Minger Construction Co., Inc.’s AWAIR Program outlines the responsibilities of every employee involved in the risk management process. The following sections delineate how managers, supervisors and employees are responsible for implementing the AWAIR program components. As well, it details how continued participation of management will be established, measured, and maintained. PRESIDENT The President shall be responsible for actively engaging any concerns brought to his attention by the Safety Coordinator and any other employee of Minger Construction Co., Inc. for an effective Health and Safety Program. The President is accountable for the following responsibilities: 1. Participate in Annual Safety Training for the Employees 2. Provide Guidance and Leadership for Safety 3. Provide Necessary Resources for a Safe and Healthful Workplace EXECUTIVE MANAGEMENT The executive management team, the President and CEO of Minger Construction Co., Inc. shall actively participate in the processes to achieve organizational goals in occupational safety and health. Minger Construction Co., Inc. executive management shall be accountable for the following responsibilities: 1. Provide guidance and leadership to all managers, supervisors and employees on the expectations and requirements of the Health and Safety Program. 2. Provide and allocate the necessary resources, sufficient time and management availability to ensure a safe and healthful workplace. 3. Review, approve and issue safety policy to all employees. 4. Include discussions on occupational safety and health issues at staff meetings and other appropriate occasions. 5. Uphold and enforce organizational policies and procedures. 6. Delegate responsibility for occupational safety and health to front-line supervisory personnel. 7. Enforce accountability and disciplinary action plan. 8. Participate in the annual review of Minger Construction Co., Inc. Health and Safety Program. 9. Participate in the company safety committee meetings and the annual company-wide safety meetings. 10. Periodically reviews company safety policy, procedures and reports for compliance, effectiveness and results of the overall Health and Safety Program. 12

SAFETY COORDINATOR The Safety Coordinator shall be responsible for the development and implementation of a comprehensive and effective Health and Safety Program. The Safety Coordinator is accountable for the following responsibilities: 1. Develop, implement and maintain occupational safety and health policies and procedures for compliance with all applicable regulations. 2. Direct all accident, incident and injury investigations. 3. Manage employee return-to-work programs. 4. Works closely with project teams and other personnel to assure established safety policies and procedures are being followed. 5. Ensures accident and near miss data is effectively gathered, recorded and disseminated. 6. Maintains safety records and analyzes data to identify hazards, causes, trends and costs. Works with project teams and associated personnel to ensure prompt corrective actions. 7. Assists in establishing qualifications and providing safety training for each job classification. 8. Develops \"controls\" that ensure safety procedures are enforced. 9. Works with supervisory personnel to assure that safety planning is effective. Assists in the development of and monitors the use of JHA’s. 10. Conducts regular audits and inspections of jobsites to measure the effectiveness of safety policies and procedures. Identifies hazards and corrective actions during audits and inspections. 11. Provides special emphasis safety meeting topics for project teams. 12. Regularly reports to management on the progress of the safety program, including; inspection results, accident analysis, training completed, and any other information affecting the safety program. 13. Consults with external resources such as insurance carriers, employer organizations and clients regarding safety best practices and technical compliance. PROJECT MANAGERS Managers are responsible for ensuring risk control is managed as equally as other targets in the operation. A critical component of a Manager’s assigned tasks is to coordinate efforts for effective implementation, monitoring and enforcement of the Health and Safety Program. The Manager is accountable for the following responsibilities: 1. Enforce compliance with all federal, state and local regulations and conformance to all Minger Construction Co., Inc. standards. 2. Risk control shall be incorporated in the planning of each stage of the project. 3. Collaborate with the Safety Coordinator to coordinate risk control activities pertaining to any unique or unusual safety-related concerns. 13

4. Obtain required documentation pertaining to hazards on jobsites including utilities, confined space, traffic control or any other unique hazard. 5. Ensure risk control activities are adequately accounted for in the budget and schedule. 6. Collect all relevant and required information on accidents involving Minger employees or property and promptly forward to the Safety Coordinator. 7. Enforce subcontractor conformance to all Minger standards. 8. Conduct visual inspections of employee practices and jobsite conditions when onsite. 9. Consult with the Safety Coordinator if jobsite inspections determine additional controls are required to reduce risk, policy/procedures are in violation or to evaluate jobsite conditions. 10. Take prompt corrective action on situations to reduce or eliminate risk. 11. Provide written notification to owners or general contractors on substandard practices and conditions outside of Minger’s operational control. 12. Effectively communicate and enforce specific job site or general contractor required safety standards to supervisors, foreman and field personnel. 13. Request SDS sheet when ordering material. SUPERINTENDENTS The Superintendents are a direct representation of Minger Construction Co., Inc. organizational values to field personnel. Each has significant influence on the performance of the Health and Safety Program as they directly oversee the practices and conditions onsite. These individuals are responsible for identifying jobsite hazards, developing effective solutions to reduce risk and ensuring safety is non-negotiable. Minger Construction Co., Inc. Health and Safety Program operates on the premise that effective risk control is an essential component of efficiency and profitability in operations. Therefore, Minger Construction Co., Inc. shall coach and train each Superintendent in effective risk control strategies to reduce the likelihood of loss from inherent exposure. Superintendents are held accountable for all accidents, incidents and injuries occurring on their jobsites. Each Superintendent is accountable for the following responsibilities. 1. Assists in the training and development of new employees regarding; company procedures, job assignments, job requirements, and safety rules and regulations that will govern their operation as employees. 2. Provides initial and periodic operational and safety training as required for specific tasks. May be responsible for retraining workers involved in accidents or whose performance indicates additional training is necessary. 3. With the foreman, ensures that equipment is functional and all safety devices for equipment are in place. Ensures defective equipment is promptly reported and repaired. Takes defective equipment out of service pending proper repairs. 14

4. Investigates or assists in the investigation of all incidents involving personal injury and/or property damage. Determines or helps determine the root cause and contributing causes of the accident. Investigates near misses to identify hazards and avoid more serious incidents. Identifies corrective actions. 5. Conducts regular reviews of employee activity to ensure work is being done safely and in conjunction with the crew’s JHA. Immediately discusses deficiencies with the crew and/or employee. 6. Has a thorough understanding of applicable company, client and regulatory safety requirements and ensures crews are adhering to regulations. 7. Conducts at least weekly safety meetings with employees. Participates in daily safety meetings as required by specific projects. Provides all crew members with the opportunity to engage in discussion on safety topics during these meetings. FOREMEN The Foremen are a direct representation of Minger Construction Co., Inc. organizational values to field personnel. Each has significant influence on the performance of the Health and Safety Program as they directly oversee the practices and conditions onsite. These individuals are responsible for identifying jobsite hazards, developing effective solutions to reduce risk and ensuring safety is non-negotiable. Minger Construction Co., Inc. Health and Safety Program operates on the premise that effective risk control is an essential component of efficiency and profitability in operations. Therefore, Minger shall coach and train each Foreman in effective risk control strategies to reduce the likelihood of loss from inherent exposure. Foremen are held accountable for all accidents, incidents and injuries occurring on their jobsites. Each Foreman is accountable for the following responsibilities. 1. Supervises and evaluates employees, in standard operating procedures, safety procedures and the use of personal protective equipment. 2. Provides ongoing training and instruction to ensure employees understand how to safely perform assigned duties. 3. Has a thorough understanding of applicable company, client and regulatory safety requirements and ensures crew complies with those requirements. 4. Responsible for maintaining good housekeeping in the assigned area. 5. Has a thorough understanding of Emergency Procedures and Incident Reporting Procedures. 6. Is alert to the fitness of all workers under his/her supervision. 7. Is responsible for ensuring the use of all required PPE and safety equipment. 8. Conducts regular inspections of the work area and equipment, identifying potential hazards. 15

9. Must know how to operate all emergency equipment in his area of responsibility. 10. Ensures equipment is in proper working condition and that it is properly maintained (including fueling and greasing). 11. Works closely with employees to identify hazards and corrective actions. 12. Regularly reports to management on the progress of the safety program. This will include inspection reports, accident analysis, training completed, and any other information affecting the safety program. 13. Regularly consults with Safety Coordinator to ensure compliance. EMPLOYEES Occupational safety and health is an integral part of each employee’s daily tasks. Safe production is the goal of each employee. Minger Construction Co., Inc. employees are held accountable for performing their tasks in accordance with all applicable regulations, company policies and established standards governing employee practices and jobsite conditions. Employees are accountable for the following responsibilities: 1. Conform to all company policies and comply with all applicable federal, state and local safety regulations. 2. Must attend Safety Orientation before assignment. 3. Must perform only those tasks to which they have been assigned and for which they have received proper training. 4. Must report all hazardous conditions to their supervisor immediately. 5. Must immediately report any injury (regardless of severity) and incidents of property damage, no matter how minor, to their supervisor. 6. Comply with all safety rules, policies and procedures. Including any site-specific safety rules established by the client, Superintendent or Foreman. 7. Utilize required personal protective equipment provided by the company and maintain equipment in good working condition, clean and stored properly after each use. 8. Continually assess the work location for potential hazards and bring them to the attention of supervision. 9. Participate in JHA review, Morning Safety Meetings, Weekly Safety Meetings and/or any other safety meetings or training assigned by the company. 10. Properly use and maintain equipment. 11. Must stop work when an unsafe condition occurs. Work shall only be resumed upon elimination or control of the identified hazard. SUBCONTRACTORS Subcontractors involved in Minger Construction Co., Inc. operations act as independent contractors. Each is accountable for performing task specific responsibilities to comply with 16

applicable federal, state and local regulations. As well, each subcontractor shall conform to Minger Construction Co., Inc. policies and procedures governing risk control activities. To ensure the quality of these activities, Minger Construction Co., Inc. shall monitor and enforce conformance with established policies and procedures. Minger’s intent is to facilitate the highest level of quality in managing risk for the protection of all parties involved. Minger holds each subcontractor accountable for the following responsibilities: 1. Compliance to applicable federal, state and local regulations governing operations. 2. Conformance to Minger Construction Co., Inc. established risk control policies and procedures. 3. Furnish all of their employees with the required and/or recommended safety equipment and personal protective equipment. 4. Having a documented and enforced Health and Safety Program. 5. Minger Construction Co., Inc. subcontract agreement must be executed prior to the subcontractor commencing activities at the jobsite. 6. Understand cancellation of contract may occur due to compliance and/or conformance violations. SAFETY COMMITTEE (For more information on the Safety Committee see Section-9) The Safety Committee is accountable for the following responsibilities: 1. Actively participate in coaching fellow employees to positively influence safe behaviors and acceptable practices on Minger Construction Co., Inc. jobsites. 2. Solicit suggestions and concerns about improving safety-related performance from other employees. 3. Motivate and encourage result-oriented actions to improve Health and Safety Program performance. 4. Review accidents and recommend solutions for correcting root cause of incidents. 5. Assist in reviewing accident statistics to identify possible trends. 6. Evaluate Health and Safety Program performance and assist in identifying gaps in achieving organizational goals. 7. Discuss possible new methods of accident prevention. 8. Actively and visibly participate in risk control activities and training. 9. Assist in development and revision of Minger Construction Co., Inc. policies and procedures to advance the quality and performance of all risk control activities. 10. Discuss and review trends in personal protective equipment. 11. Identify opportunities to improve safety awareness. 12. Discuss and review progress of the Safety Committee. 17

SECTION 4: HAZARD IDENTIFICATION, MEASUREMENT AND RISK CONTROL PRE-JOB PLANNING The Supervisors and Foreman shall identify risk affecting operations prior to beginning any work onsite. They are tasked to identify, plan and allocate the required resources for effective risk control throughout the entire duration of the project. The Supervisors and Foreman shall perform the following tasks in the planning stages of the project: 1. Design the work to include the specific owner requirements, Minger Construction Co., Inc. policies and procedures and federal, state and local regulations governing safety-related performance. 2. Identify hazards effecting Minger Construction Co., Inc employees, equipment and materials so as to provide adequate controls such as, but not limited to: a. Fire prevention and firefighting equipment. b. First aid and medical services. c. Ladders. d. Material storage and handling. e. Personal protective equipment. f. Preventative maintenance and equipment support. g. Trenching and shoring. 3. Identify hazards effecting members of the public and private property: a. Temporary traffic control requiring signs, barricades, Flaggers or other necessary controls. b. Public pedestrians and children – need for temporary walkways, overhead protection, securing equipment, fencing, etc. c. Railroads – notification to railroads of our operations, securing train schedules, flagmen, warning signals and special insurance. d. Utilities (underground and overhead) locating and marking, shoring, blocking and special insurance. 4. Identify hazards involving licensed vehicle operations: e. Traffic exposure, detours, barricading and load limits. f. State/local regulations. g. License and permit requirements. h. Preventative maintenance. i. Hiring, verifying driver abilities and references. 5. Subcontractor risk control: a. Procedures for enforcing subcontractor compliance and conformance. b. Verification of subcontractor compliance with Minger Construction Co., Inc. insurance requirements. 18

6. Allocate all required resources to facilitate risk control activities. 7. Disseminate relevant information regarding: a. Operations involving hazardous materials and/or conditions. b. Emergency action plan and specific evacuation procedures. c. The location and availability of the written safety programs. 8. Ensure training needs are consistent with jobsite-specific hazards. 9. Train employees on the Hazard Communication Program by effectively communicating: a. Proper use of chemical labeling. b. How to obtain appropriate hazard information by reading labels. c. How and where hazardous materials are used and stored onsite. d. The physical and health hazards of the hazardous materials. e. Methods to observe and detect the presence or release of a hazardous material onsite (e.g. visual appearance, odor, etc.). f. Actions employees can take to protect themselves from exposure to hazardous materials. This includes conformance and compliance to work practices, use of personal protective equipment and emergency action/response procedures. 10. Emergency procedures are reviewed and current to effectively deal with spills, fire, disposal and medical emergencies. 11. Request SDS when ordering chemicals and hazardous materials. JOBSITE INSPECTIONS AND PRE-TASK PLANNING Job site inspections are an essential component to achieving organizational goals in occupational safety and health. Routine inspections centered on accountability of Minger Construction Co., Inc. policies and procedures are the responsibility of Supervisors, Foreman and the Safety Coordinator. Each inspection is designed to identify specific hazards for effective risk control. Daily job site inspections focus on proactively identifying substandard practices and conditions that threaten the health and safety of Minger Construction Co., Inc. employees, subcontractors and the public. These routine inspections evaluate compliance to regulations and conformance to Minger Construction Co., Inc. policies and procedures. Immediate corrective action is taken on any situation identified as substandard. Pre-task planning is essential for allocating the required resources to facilitate risk control activities. Pre-task planning involves a comprehensive analysis of jobsite conditions and procedures to be performed in order to identify risk to the operation. Once risk is identified, individual solutions are developed to target specific exposure. The goal is to make every reasonable effort to reduce or eliminate risk for the health and safety of all parties involved or third parties affected by Minger Construction Co., Inc. operations. 19

PREVENTATIVE MAINTENANCE INSPECTIONS Routine maintenance inspections are performed on all of Minger Construction Co., Inc. vehicles, equipment and tools. Maintenance inspections are a critical component to the success of the Health and Safety Program. Minger requires employees to perform a daily inspection of all equipment prior to beginning operation. These inspections are designed to identify potential hazards effecting the health and safety of employees, subcontractors and the public. Routine maintenance inspections support Minger’s commitment to provide proper preventive maintenance on all vehicles, equipment and tools in our inventory. Any substandard conditions found on equipment shall be noted on Equipment Inspection Forms and or the lead mechanic from the shop should be notified by telephone that the equipment shall be promptly returned to the maintenance shop for repair or a mechanic to make repairs in the field, if possible. ANNUAL MANAGEMENT SYSTEM REVIEW Minger Construction Co., Inc. risk management system is audited annually to determine the effectiveness of current strategies for risk control. Minger Construction Co., Inc. dedication to continuous process improvement involves a systematic review of safety-related incidents to compare actual results to organizational goals. Current policies and procedures are then evaluated to identify opportunities to improve upon current practices. The goal of this audit is to improve operational efficiency by reducing the likelihood of occupational health and safety incidents. SECTION 5: COMMUNICATION NEW EMPLOYEE ORIENTATION AND TRAINING New employee orientations are fundamental to the success of Minger Construction Co., Inc. Health and Safety Program. Each newly hired employee shall undergo the New Hire Orientation Training prior to being authorized to perform any work or task on Minger Construction Co., Inc. jobsites. Upon successful completion of this training, newly hired employees are authorized to begin work at Minger. Supervisory personnel shall advise and coach each new employee to support the policies and procedures included in Minger’s Health and Safety Program. EMPLOYEE TRAINING All employees will be trained to recognize the hazards of the equipment and materials of the job. The methods of controlling the hazards will be covered as well as any emergency procedures. Training may take the form of one or more of the following: (1) one-on-one contact with someone assigned with the responsibility for safety training, (2) group setting on the work site such as a safety meeting or JHA meeting, (3) outside training consultant in a seminar onsite or at a training facility. 20

SAFETY MEETINGS Minger Construction Co., Inc. utilizes formal and informal safety meetings as a tool to support effective communication on issues affecting our operation. The nature of our work creates significant challenges in maintaining close contact with every individual on our jobsites. Safety meetings are designed to create opportunities to share information between management and field operations. Minger values the input, advice and opinion of each employee and encourages an open, two-way dialogue on matters involving occupational safety and health. Our objective is to increase employee involvement and awareness in occupational safety and health while simultaneously nourishing the safety culture. An annual safety meeting and an annual safety week is held each year, toolbox talks are performed a weekly basis and JHA’s are held on a daily basis. JOB SITE EVALUATIONS The Safety Coordinator, Superintendents, and any other level of management should perform regular and routine jobsite evaluations in order to monitor and reinforce acceptable practices/conditions for ensuring compliance to regulations and conformance to Minger Construction Co., Inc. standards. Employees are encouraged to voice their concerns and or discuss any questions they have regarding safety on Minger jobsites. OSHA RECORD KEEPING The Safety Coordinator shall maintain the OSHA 300 Log in accordance with federal regulations. The completed OSHA 300 Log shall be posted at the Minger Construction Co., Inc. office no later than February 1 of the following calendar year and/or on jobsite trailers where operations have 6 months or greater of estimated duration. On March 1, the form can be taken down and permanently filed. SECTION 6: ACCIDENT INVESTIGATION PURPOSE The Accident Reporting and Investigation Plan outlines Minger Construction Co., Inc. practices for reporting and investigating accidents. This written plan is designed to comply with the reporting requirements of 29 CFR 1904 and all workers’ compensation laws. Our accident investigation procedures comprehensively examine the incident to determine the root cause leading to a breakdown in the management system. Minger’s efforts then focus on developing effective controls to reduce likelihood of similar situations negatively impacting the health and safety of our employees, subcontractors, the public and the environment. ADMINISTRATIVE DUTIES The Safety Coordinator shall be responsible for developing and maintaining the written Accident Reporting and Investigation Plan. The Safety Coordinator is solely responsible for all facets of the Accident Reporting and Investigation Plan and has full authority to make any changes necessary to ensure satisfactory results. The Safety Coordinator is the point of contact for all accident 21

investigations. Appropriate training commensurate with the complexity of the plan, is provided by Minger to ensure all employees are competent in administering the Accident Reporting and Investigation Plan. The Accident Reporting and Investigation Plan is maintained and on file at the following location: Minger Construction Co., Inc. 620 Corporate Drive Jordan, MN 55352 ACCIDENT, INCIDENT, PROPERTY DAMAGE AND INJURY REPORTING PROCEDURES Minger Construction Co., Inc. Accident, Incident and Injury (AII) reporting procedures are as follows: 1. All employees are required to report an (AII) to the Safety Coordinator within 30 minutes following the event occurring. Any amount of time over 30 minutes is unacceptable unless the employees involved are rendering aid. A review will be held with any employees who wait longer than 30 minutes to report and accident, incident, and or injury. 2. Any employee witnessing an accident on-the-job shall follow emergency response procedures and report the accident to the Safety Coordinator once the situation is under control. The Safety Coordinator shall be accountable for the following responsibilities in the event of an Accident, Incident or Injury (AII): 1. Ensure the scene is secure and all employees and the public are removed from the area. 2. Collaborate and coordinate with all emergency services involved in the incident response. 3. As soon as possible, conduct an accident investigation at the scene of any event with injury potential in order to document all relevant information. 4. Interview the employee(s) involved in the situation and any witnesses to determine the sequence of events of leading up to the event and actions taken during and afterward. 5. Ensure each individual interviewed has been given the opportunity to review his or her version of the story. Allow each individual ample time to make any necessary corrections in order to describe the events in the clearest possible detail. 6. The Safety Coordinator will: a. Track and report all Accidents, Injuries and Incidents (AII) on a weekly basis and as needed above weekly basis. b. Identify any trends in occupational safety and health. c. Identify any equipment, materials, or environmental factors involved in (AII’s) to 22

determine risk control strategies for prevention. d. Reduce likelihood of future occupational safety and health incidents through effective (AII) information management. 7. Subsequent investigations to focus on developing a sequence of events leading up to the accident to determine the root cause of the breakdown in the management system 8. Perform a root cause analysis on each (AII) in order to develop controls to reduce likelihood of similar events that impact the safety and health of Minger employees, subcontractors, the public and the environment. Managers shall be accountable for the following responsibilities in the event of an Accident, Incident or Injury (AII): 1. Ensure any employee designated by the Safety Coordinator to be alcohol and/or drug tested for a qualifying event is transported to the pre-determined clinic in a reasonable amount of time. 2. Ensure any employee designated by the Safety Coordinator to be assessed for reasonable suspicion of alcohol or drug impairment is assessed by an RSA trained supervisor, and documentation of the assessment results are sent to the Safety Coordinator. 3. Foremen and Lead Persons shall be accountable for the following responsibilities in the event of an Accident, Incident or Injury (AII) on their job site. a. Within 30 minutes of occurrence, contact the Safety Coordinator to report the event. b. As soon as possible, conduct an accident investigation at the scene of any event that has no injury potential in order to document all relevant information. All Employees shall be accountable for the following responsibilities in the event of an Accident, Incident or Injury (AII) that they are directly involved in: a. Within 30 minutes of occurrence, contact the Safety Coordinator to report the event and provide details in order to document all relevant information. b. Injury, Illness, and Medical Issues 23

Minger Construction Co., Inc. shall adhere to the following procedures when addressing issues of employee injury, illness or related medical issues: 1. If a workplace accident results in an injury or illness requiring overnight hospitalization of one or more employees, an amputation and/or the loss of an eye, the Safety Coordinator reports the incident within 24 hours to OSHA by phone at 1-800-321-6742, online services at www.osha.gov or by visiting the nearest OSHA office. For a fatality of one or more employees, the Safety Coordinator reports the incident within 8 hours by phone at 1-800-321-6742, online services at www.osha.gov or by visiting the nearest OSHA office. Any fatality in relation to a workplace injury or hospitalization within 30 days of the incident, must be reported within 8 hours of the fatality. 2. If an injured person is taken to a doctor for a medical evaluation, the Safety Coordinator shall attach the doctor's statement to the Injury Report Form. 3. If the injury or illness is \"recordable\" according to OSHA regulation, 29 CFR 1904, then the Safety Coordinator enters each recordable injury or illness on OSHA Form 300, OSHA Form 301A, and a separate, confidential list of privacy-concern cases. All procedures should be performed within seven calendar days of receiving information classifying the employee’s injury as being a “recordable” injury or illness. 4. Employees with workplace injuries resulting in time off from work shall be enrolled in Minger’s Return-to-Work Program to facilitate their full recovery and resumption of original duties. 5. Weekly compensation for workplace injuries or illnesses requiring time off work, as indicated by law, applies after the third day of wage loss. 6. If the disability continues for more than seven calendar days, workers’ compensation goes back to day one. RECORDKEEPING The Safety Coordinator shall be responsible for maintaining the following records and documentation: 1. OSHA 300 Form – Log of Work-Related Injuries and Illnesses. Starting January 1, 2002, injuries and illnesses at the company are recorded on this form within seven calendar days of receiving information of a “recordable” injury or illness occurring. 2. OSHA 300-A Form – Summary of Work-Related Injuries and Illnesses. This form is completed by the end of the year, posted no later than February 1 of the year following the year covered by the form and kept posted in place until April 30. 24

ANNUAL SUMMARY POSTING The Safety Coordinator is accountable for the following procedures at the end of each calendar year: 1. Review the OSHA 300 Form(s) to verify entries are complete and accurate. 2. Correct any deficiencies identified in the reporting system. 3. Create OSHA 300-A, an annual summary of injuries and illnesses recorded on the OSHA 300 Form. 4. The Safety Coordinator certifies the annual summary is complete and accurate. 5. Post OSHA 300-A as required by law. This form is posted in conspicuous locations from February 1 through April 30 of the following year where employee notices are customarily displayed. EMPLOYEE TRAINING AND INVOLVEMENT Minger Construction Co., Inc. is dedicated to providing our employees with knowledge and skills training to assist in developing proficiency in their daily tasks. Effectively training our employees is an essential component to ensure satisfactory results in the event of an accident investigation. Minger’s goal of training accident investigation procedures is to guide employee actions and behaviors for gathering valid and relevant information. The following information is thoroughly explained to employees at the time of initial hire, during weekly safety meetings and annual training: 1. Minger policies on Accident Reporting and Investigations. 2. Minger’s procedures to report injuries and illnesses. 3. How employees may be affected by accident investigations. Employees and their representatives will be provided limited access to our injury and illness records upon request. All employees and former employees shall be provided relevant copies of OSHA Forms by the next business after submitting a request with Minger Construction Co., Inc. Safety Coordinator. Authorized employee representatives shall receive the requested copies within seven calendar days and all sections of the OSHA Forms shall be removed except the items in sections 10-18. All initial copies are provided to requestors free of charge and additional copies shall be made available for a reasonable charge. Minger Construction Co., Inc. does not discriminate against employees for: 1. Reporting a work-related fatality, injury, or illness. 2. Filing a safety and health complaint. 3. Asking for access to occupational injury and illness records. 4. Exercising any rights mandated by the Occupational Safety and Health Act. 25

PROGRAM EVALUATION The Accident Reporting and Investigation Plan is evaluated on an annual basis and updated as needed by the Safety Coordinator. The goal of the evaluation is to determine the effectiveness of current policies and procedures in accident reporting and investigation. Any identified deficiencies or substandard practices shall be immediately addressed to secure the integrity of Minger Construction Co., Inc.’s Accident Reporting and Investigation Plan. SECTION 7: ENFORCEMENT OF SAFETY AND HEALTH PROGRAMS ENFORCEMENT PROCEDURES All Minger Construction Co., Inc. employees shall be held accountable for violating company policy. Minger provides the required resources to facilitate risk control activities for the health and safety of each employee. Minger creates policies and procedures governing occupational safety and health to ensure standards of acceptable work practices and jobsite conditions are effective at controlling risk and reducing likelihood of injuring our employees or the public. Violations of Minger policies and procedures are considered unsatisfactory job performance worthy of disciplinary action up to and including termination. Any employee violating policies and procedures outlined in Minger Construction Co., Inc. Safety Policy and Procedures Manual or as provided in the labor agreement, may be subject to the following disciplinary action: First Offense: Employee/Supervisor counseling and training Second Offense: Verbal Warning and documented Third Offense: Written Warning and documented Fourth Offense: Suspension without pay and documented Fifth Offense: Termination of the employee and documented In any given case, Minger reserves the right to take whatever disciplinary action it deems appropriate, including termination of employment without warning. Disciplinary action up to and including termination without warning may be applied when an employee is willfully negligent in their actions, creates financial loss for Minger Construction Co., Inc., endangers human life, unable to satisfactorily perform her/his assigned duties, refuses to comply/conform to established policies, destroys company or private property. SECTION 8: PROGRAM REVIEW The Minger Health and Safety Program will be reviewed each year in the first quarter by the Safety Coordinator and will be discussed with the Safety Committee for feedback. The motive for an annual review is to evaluate the OSHA recordable and lost workday injury rate, employee feedback, steps taken to improve safety and the overall effectiveness of the Health and Safety Program. 26

During the review process, the Safety Coordinator will be responsible to communicate whether or not the company has accomplished the goals and objectives for improving workplace safety and health as listed from the previous year. If the goals have been accomplished, a new set of goals and objectives will be compiled with the assistance of the Safety Committee. If the goals and objectives have not been accomplished, the Safety Coordinator, along with the Safety Committee will determine the reasons for not reaching the established goals. New objectives will be created in order to accomplish the desired goals. SECTION 9: SAFETY COMMITTEES The Safety Committee is comprised of management and field personnel. Committee members meet quarterly. All items discussed in the meetings are documented and subsequently communicated to all supervisory personnel to be corresponded to each employee. Superintendents/Foremen are responsible for reviewing Safety Committee Meeting information in conjunction with the Toolbox Talks. MISSION 1. To create and sustain a safe and healthful working environment. 2. To act as representatives of all Minger Construction Co., Inc. employees. 3. To aid and advise employees on matters of occupational safety and health effecting Minger Construction Co., Inc. operations. GOALS 1. To increase awareness of risk effecting Minger Construction Co., Inc. operations. 2. To reduce the frequency and severity of risk. 3. To educate employees on acceptable standards of work practices and jobsite conditions. 4. To continue to develop and enhance the organizational safety culture. RESPONSIBILITIES 1. Influence acceptable practices and conditions on their jobsite or work environment. 2. Solicit fellow workers’ suggestions and concerns on issues involving occupational safety and health. 3. Review accident data and assist in making recommendations for new control measures. 4. Review accident statistics to identify possible trends. 5. Evaluate program performance. 6. Discuss possible new methods of accident prevention. 7. Actively participate occupational safety and health training. 8. Assist in the development and revision of Minger’s policies and procedures. 9. Discuss and review trends in personal protective equipment. 10. Develop incentives to improve safety awareness. 11. Discuss and review progress of the Safety Committee to coworkers. 27

SECTION 5 HAZARD COMMUNICATION & RIGHT TO KNOW PROGRAM • The Global Harmonized System 28

SECTION 5: HAZARD COMMUNICATION – RIGHT TO KNOW PROGRAM Communication shall be established through the Globally Harmonized System (GHS) of Classification and Labeling of Chemicals with comprehensive classification of container labeling, safety data sheets and appropriate information and training programs required by OSHA’s Hazard Communication Standards 29 CFR 1910.1200. PROCEDURES 1. RESPONSIBILITIES The Safety Department shall be responsible for the hazard communication coordination for Minger Construction Co., Inc. This department has overall responsibility for assuring that the GHS Hazard Communication program is updated and reviewed as necessary. Copies of the written program can be obtained from the Safety Department. Applicable SDSs and chemical information list(s) can be found on the online database. 2. HAZARD CLASSIFICATION Minger Construction Co., Inc. shall utilize the chemical manufacturers and importers standardized hazard class and assigned hazard category statements as provided for in the GHS. 3. LABELING Minger Construction Co., Inc. requires that GHS regulation labels be provided on all containers used to store hazardous chemicals in the workplace. a. When a container of hazardous chemicals is discovered to have a missing label or the GHS label is defaced, a new label shall be obtained and placed on the container immediately. b. At no time is an employee to remove or deface a manufacturers or importers existing labels on containers of hazardous chemicals. c. Each container of a hazardous chemical leaving the workplace shall be labeled, tagged or marked in accordance with GHS labeling guidelines with the following information: 1. Signal Word 2. Hazard Statement 3. Precautionary Statement 4. Symbols/Pictograms 5. Product Identifier/Ingredient Disclosure 6. Supplier Identification d. Containers used to store hazardous chemicals that are transferred from bulk containers must also be GHS labeled. Labeling can also be accomplished with indelible markers and include the same information as above. e. The Safety Department shall periodically inspect the work area to ensure that these containers are properly labeled and that all labeling is legible. 29

4. SAFETY DATA SHEETS (SDS) a. Minger Construction Co., Inc. will maintain companywide a listing of all hazardous chemicals and that a SDS is available for each hazardous chemical. These safety data sheets shall be maintained on the online database and provides accessibility to all employees. b. The Safety Department shall be responsible for maintaining the SDS’s as hazardous chemicals are added or deleted from the list. c. SDS’s will be provided for all substances and mixtures which meet the GHS criteria for physical, health, and/or environmental hazards under the GHS requirements. d. It shall be the responsibility of all Minger Construction Co., Inc. personnel that purchase material containing hazardous chemicals to obtain an SDS from the manufacturer/importer or supplier. 5. INFORMATION AND TRAINING a. Each employee shall receive training covering chemical safety and GHS hazard communication. This training may include the viewing of a video, or review of training material as listed below or other material. b. Through the video, supplementary training materials, site specific plan and superintendent/foreman discussions with employees, the employee shall receive training in the following: 1. The requirements of the GHS Hazard Communication Standard (HCS). 2. The location and availability of the written policy and program. 3. Location in the work area where hazardous chemicals are present. 4. Training in methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area. 5. Information of the hazards of non-routine tasks. 6. A multiple employer job sites and/or multiple work sites. 7. The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area 8. Measures that the employees can take to protect themselves from the presence or release of a hazardous chemical in the work area. 9. Specific actions that the employees are to take in the event of an emergency leak or spill. 10. GHS hazardous chemical labeling system, sections of the SDS, explanation of the terminology used on the SDS, how to obtain the SDS, and how to request a printed copy of the SDS. c. The employee’s supervisor or safety department manager will oversee the training to ensure the employee understands the information presented and to answer any specific questions the employee may have. d. The training will be conducted prior to the new employee’s first work assignment and will be repeated thereafter. Training will also be conducted anytime a new hazard chemical is introduced into the work place. 30

LABELS AND PICTOGRAMS This document is designed to inform chemical receivers, chemical purchasers, and trainers about the label requirements. It explains the new labeling elements, identifies what goes on a label, and describes what pictograms are and how to use them. 1. LABEL REQUIREMENTS a. Labels, as defined in the HCS, are an appropriate group of written, printed or graphic informational elements concerning a hazardous chemical that are affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging. b. The HCS requires chemical manufacturers, importers, or distributors to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged or marked with the following information: 1. product identifier; 2. signal word; 3. hazard statement(s); 4. precautionary statement(s); 5. and pictogram(s); 6. and name, address and telephone number of the chemical manufacturer, importer, or other responsible party. c. To develop labels under the revised HCS, manufacturers, importers and distributors must first identify and classify the chemical hazard(s). Appendices A, B, and C are all mandatory. The classification criteria for health hazards are in Appendix A and the criteria for physical hazards are presented in Appendix B of the revised Hazard Communication Standard. After classifying the hazardous chemicals, the manufacturer, importer or distributor then consults Appendix C to deter- mine the appropriate pictograms, signal words, and hazard and precautionary statement(s), for the chemical label. Once this information has been identified and gathered, then a label may be created. 2. LABEL ELEMENTS a. The HCS now requires the following elements on labels of hazardous chemicals of the chemical manufacturer, importer or other responsible party: 1. Name, 2. Address and 3. Telephone Number b. PRODUCT IDENTIFIER is how the hazardous chemical is identified. This can be (but is not limited to) the chemical name, code number or batch number. The manufacturer, importer or distributor can decide the appropriate product identifier. The same product identifier must be both on the label and in section 1 of the SDS. c. SIGNAL WORDS are used to indicate the relative level of severity of the hazard and alert the reader to a potential hazard on the label. There are only two words used as signal words, “Danger” and “Warning.” 1. “Danger” is used for the more severe hazards 2. “Warning” is used for the less severe hazards 3. There will only be one signal word on the label no matter how many hazards a chemical may have. 31

4. If one of the hazards warrants a “Danger” signal word and another warrants the signal word “Warning,” then only “Danger” should appear on the label. d. HAZARD STATEMENTS describe the nature of the hazard(s) of a chemical, including, where appropriate, the degree of hazard. For example: “Causes damage to kidneys through prolonged or repeated exposure when absorbed through the skin.” All of the applicable hazard statements must appear on the label. Hazard statements may be combined where appropriate to reduce redundancies and improve readability. The hazard statements are specific to the hazard classification categories, and chemical users should always see the same statement for the same hazards no matter what the chemical is or who produces it. e. PRECAUTIONARY STATEMENTS describe recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to the hazardous chemical or improper storage or handling. 1. There are four types of precautionary statements: a. prevention (to minimize exposure); b. response (in case of accidental spillage or exposure emergency response, and first-aid); c. storage; and disposal. d. For example, a chemical presenting a specific target organ toxicity (repeated exposure) hazard would include the following on the label: 1. “Do not breathe dust/fume/gas/ mist/vapors/spray. Get medical advice/attention if you feel unwell. Dispose of contents/ container in accordance with local/regional/ national and international regulations.” 2. A forward slash (/) designates that the classifier can choose one of the precautionary statements. In the example above, the label could state, “Do not breathe vapors or spray. Get medical attention if you feel unwell. Dispose of contents in accordance with local/regional/ national/international regulations. 2. ” See Examples 1 and 2A of this document as an example. In most cases, the precautionary statements are independent. However, OSHA does allow flexibility for applying precautionary statements to the label, such as combining statements, using an order of precedence or eliminating an inappropriate statement. 3. Precautionary statements may be combined on the label to save on space and improve readability. For example, “Keep away from heat, spark and open flames,” “Store in a well-ventilated place,” and “Keep cool” may be combined to read: “Keep away from heat, sparks and open flames and store in a cool, well- ventilated place.” 4. Where a chemical is classified for a number of hazards and the precautionary statements are similar, the most stringent statements must be included on the label. In this case, the chemical manufacturer, importer, or distributor may impose an order of precedence where phrases concerning response require rapid action to ensure the health and safety of the exposed person. In the self-reactive hazard category Types C, D, E or F, three of the four precautionary statements for prevention are: a. “Keep away from heat/sparks/open flame/hot surfaces. - No Smoking.”; b. “Keep/Store away from clothing/…/ combustible materials”; 32

c. “Keep only in original container.” These three precautionary statements could be combined to read: “Keep in original container and away from heat, open flames, combustible materials and hot surfaces. No Smoking.” 5. Finally, a manufacturer or importer may eliminate a precautionary statement if it can demonstrate that the statement is inappropriate. 3. SUPPLEMENTARY INFORMATION- The label producer may provide additional instructions or information that it deems helpful. It may also list any hazards not otherwise classified under this portion of the label. This section must also identify the percentage of ingredient(s) of unknown acute toxicity when it is present in a concentration of ≥1% (and the classification is not based on testing the mixture as a whole). If an employer decides to include additional information regarding the chemical that is above and beyond what the standard requires, it may list this information under what is considered “supplementary information.” There is also no required format for how a workplace label must look and no particular format an employer has to use; however, it cannot contradict or detract from the required information. a. An example of an item that may be considered supplementary is the personal protective equipment (PPE) pictogram indicating what workers handling the chemical may need to wear to protect themselves. b. For example, the Hazardous Materials Information System (HMIS) pictogram of a person wearing goggles may be listed. Other supplementary information may include directions of use, expiration date, or fill date, all of which may provide additional information specific to the process in which the chemical is used. 4. PICTOGRAMS are graphic symbols used to communicate specific information about the hazards of a chemical. On hazardous chemicals being shipped or transported from a manufacturer, importer or distributor, the required pictograms consist of a red square frame set at a point with a black hazard symbol on a white background, sufficiently wide to be clearly visible. a. A square red frame set at a point without a hazard symbol is not a pictogram and is not permitted on the label. b. The pictograms OSHA has adopted improve worker safety and health, conform to the GHS, and are used worldwide. While the GHS uses a total of nine pictograms, OSHA will only enforce the use of eight. c. The environmental pictogram is not mandatory but may be used to provide additional information. d. Workers may see the ninth symbol on a label because label preparers may choose to add the environment pictogram as supplementary, information. e. Figure 1 shows the symbol for each pictogram, the written name for each pictogram, and the hazards associated with each of the pictograms. Most of the symbols are already used for transportation and many chemical users may be familiar with them. 33

f. It is important to note that the OSHA pictograms do not replace the diamond shaped labels that the U.S. Department of Transportation (DOT) requires for the transport of chemicals, including chemical drums, chemical totes, tanks or other containers. Those labels must be on the external part of a shipped container and must meet the DOT requirements set forth in 49 CFR 172, Subpart E. If a label has a DOT transport pictogram, Appendix C.2.3.3 states that the corresponding HCS pictogram shall not appear. g. However, DOT does not view the HCS pictogram as a conflict and for some international trade both pictograms may need to be present on the label. Therefore, OSHA intends to revise C.2.3.3. In the meantime, the agency will allow both DOT and HCS pictograms for the same hazard on a label. While the DOT diamond label is required for all hazardous chemicals on the outside shipping containers, chemicals in smaller containers inside the larger shipped container do not require the DOT diamond but do require the OSHA pictograms. 5. LABELS must be legible, in English, and prominently displayed. Other languages may be displayed in addition to English. Chemical manufacturers, importers, and distributors who become newly aware of any significant information regarding the hazards of a chemical must revise the label within six months. a. EMPLOYER RESPONSIBILITIES 1. Employers are responsible for maintaining the labels on the containers, including, but not limited to, tanks, totes, and drums. This means that labels must be maintained on chemicals in a manner which continues to be legible and the pertinent information (such as the hazards and directions for use) does not get defaced (i.e., fade, get washed off) or removed in any way. 34

2. The employer is not responsible for updating labels on shipped containers, even if the shipped containers are labeled under HazCom 1994. The employer must re-label items if the labels are removed or defaced. 3. However, if the employer is aware of newly-identified hazards that are not disclosed on the label, the employer must ensure that the workers are aware of the hazards as discussed below under workplace labels. b. WORKPLACE LABELS 1. OSHA has not changed the general requirements for workplace labeling. Employers have the option to create their own workplace labels. They can either provide all of the required information that is on the label from the chemical manufacturer or, the product identifier and words, pictures, symbols or a combination thereof, which in combination with other information immediately available to employees; provide specific information regarding the hazards of the chemicals. 2. If an employer has an in-plant or workplace system of labeling that meets the requirements of HazCom 1994, the employer may continue to use this system in the workplace as long as this system, in conjunction with other information immediately available to the employees, provides the employees with the information on all of the health and physical hazards of the hazardous chemical. a. This workplace labeling system may include signs, placards, process sheets, batch tickets, operating procedures, or other such written materials to identify hazardous chemicals. b. Any of these labeling methods or a combination thereof may be used instead of a label from the manufacturer, importer or distributer as long as the employees have immediate access to all of the information about the hazards of the chemical. c. Workplace labels must be in English. Other languages may be added to the label if applicable. 3. If the employer chooses to use the pictograms that appear in Figure 1 on the workplace (or in-plant) labels, these pictograms may have a black border, rather than a red border. 4. Employers may use additional instructional symbols that are not included in OSHA’s HCS pictograms on the workplace labels. a. An example of an instructional pictogram is a person with goggles, denoting those goggles must be worn while handling the given chemical. Including both types of pictograms on workplace labels is acceptable. b. The same is true if the employer wants to list environmental pictograms or PPE pictograms from the HMIS to identify protective measures for those handling the chemical. 5. Employers may continue to use rating systems such as National Fire Protection Association (NFPA) diamonds or HMIS requirements for workplace labels as long as they are consistent with the requirements of the Hazard Communication Standard and the employees have immediate access to the specific hazard information as discussed above. a. An employer using NFPA or HMIS labeling must, through training, ensure that its employees are fully aware of the hazards of the chemicals used. 35

b. If an employer transfers hazardous chemicals from a labeled container to a portable container that is only intended for immediate use by the employee who performs the transfer, no labels are required for the portable container. c. SAMPLE LABELS 1. The examples provided demonstrate how a manufacturer or importer may display the appropriate information on a label. Once the manufacturer determines the classification of the chemical (class and category of each hazard), it would deter- mine the required pictograms, signal words, hazard statements, and precautionary statements using Figure 1. The final step is to put the information on the label. a. These examples are for informational purposes only and are not meant to represent the only labels manufacturers, importers and distributors may create for these hazards. They depict common hazardous chemicals that would/may be used on a demolition/construction work site. 6. EMPLOYER RESPONSIBILITIES Employers must ensure that the SDSs are readily accessible to employees for all hazardous chemicals in their workplace. This may be done in many ways. For example, employers may keep the SDSs in a binder or on computers as long as the employees have immediate access to the information without leaving their work area when needed and a back-up is available for rapid access to the SDS in the case of a power outage or other emergency. Furthermore, employers may want to designate a person(s) responsible for obtaining and maintaining the SDSs. If the employer does not have an SDS, the employer or designated person(s) should contact the manufacturer to obtain one. 36

SECTION 6 GENERAL SAFETY RULES 37

SECTION 6: GENERAL SAFETY RULES ALL PERSONNEL MUST STRICTLY ADHERE TO THE FOLLOWING WHILE ON MINGER JOB SITES AND COMPANY PROPERTY! 1. Employees must be in “working” clothes and ready for work at the designated starting time. 2. Employees may take lunch breaks only during designated times and must eat in the area assigned for this while on the job site. 3. Employees must report to work each regularly scheduled workday. Continued absenteeism is a violation of these rules. 4. All personnel are required to comply with Minger’s Alcohol and Drug Free Workplace Policy as a condition of employment. Violation of any portion of this Policy may be cause for immediate discharge. 5. Having reported to work, employees are then prohibited from consuming alcoholic beverages during work hours. 6. Personnel must comply with both verbal and written instructions from a Supervisor or Foreman. 7. While on the job site, personnel must comply with OSHA Safety and Health Standards for the Construction Industry and with each of the safety procedures required by Minger’s safety program on this project. 8. All personal work injuries must be reported to a Supervisor immediately. 9. All unsafe conditions or unsafe acts must be reported immediately to a Supervisor. 10. Unless otherwise notified, all personnel must wear hard hats while on the job site. 11. Employees must use personal protective equipment as required by law, including but not limited to head, hearing, eye, hand, foot, and fall protection devices. 12. When required, protective clothing will be worn correctly. 13. When required, assigned respiratory protection equipment will be worn. 14. During working hours, clothing appropriate to a construction job must be worn including shirts, long pants, and safety-toe work boots. 15. If air sampling equipment has been attached to an individual this equipment must be left alone and unobstructed until instructed to remove it. 16. There will be absolutely no smoking in those areas posted “No Smoking”. 17. Excellent housekeeping procedures will be adhered to at all times. Keep work areas neat while maintaining good access at all times. 18. Employees will not engage in malicious horseplay, practical jokes or mischief while on the job site or Company property. 19. Fighting or attempting bodily injury to another employee or Company visitor while on the job site or Company property is not permitted. 38

20. Unauthorized use of or willful or wanton neglect in the care and/or use of Company property is not permitted. 21. The carrying of concealed weapons on the job site or Company property is expressly forbidden. 22. Falsifying Company records and/or reports will not be tolerated. 23. Only the person who tags-out or locks-out equipment is allowed to remove such a tag or lock from the equipment. 24. No employee will enter a confined space unless properly equipped and then only in accordance with confined space procedures as outlined in the Minger Confined Space program. OPERATORS AND LABORERS 1. Only authorized employees will be allowed to operate equipment. 2. Safety devices on equipment must be utilized whenever possible. 3. Keep equipment under control at all times. 4. Excavations and trenches will be designed by a competent person in accordance with training and manuals designed by Minger and in accordance with OSHA 29 CFR Part 1926 Subpart P. 5. All blades and or buckets on equipment must be lowered to ground when equipment is out of service, unless properly secured/blocked, etc. 6. Remove keys and place tags at start location when working on any machine to make sure the machine cannot start, when it is being worked on. 7. Operations of tractors, bulldozers, scrapers, etc. should be handled with care where there is a possibility of overturning in dangerous areas like edges of deep fills, cut banks, and steep slopes. 8. No one but the operators shall ride on excavators, loaders, tractors, bulldozers, scrapers, etc. 9. All equipment will meet the OSHA specifications. 10. No operator shall eat, read, or use headphones or radios while they are actively engaged in operating their vehicle or equipment. 11. Operators shall take signals from one person only. When taking signals, do not move the vehicles or the equipment unless the signal is fully understood. 12. All gasoline motors shall be shut down for refueling. 13. Use ladders or stepping devices when climbing on equipment. Inspect ladders and scaffolds before climbing. 14. Warning signs and barricades are for your protection. Keep them in place. 15. Air hoses should not be disconnected at compressors until the hose line has been bled. 16. Ear protection devices will be provided and must be worn at all times when operating equipment or in the vicinity of equipment being operated. 17. All machines must be operated in a safe manner. 39

18. Any unsafe equipment must be reported at once to a Minger Supervisor. 19. Employees must stay clear of equipment pinch points. 20. Employees must not be under any loads lifted by any piece of equipment. 21. The use of seat belts in all vehicles is a State Law. Employees are expected to wear them at all times. 22. If an employee is ticketed for this violation, they are responsible to pay their own fine. 23. All personnel will use proper lifting procedures. Rigging equipment for lifting will be checked before using, and must be inspected each day before use. 24. All hand and power tools must be inspected prior to use. Any defective tool or equipment shall be tagged and removed from service immediately. SHOP PERSONNEL 1. Mechanics shall adhere to rules set forth for equipment operations. 2. Make sure all equipment is locked out or tagged out before working on any piece of equipment to make sure no one can start equipment when equipment is being worked on. 3. When it becomes necessary for you to work beneath a suspended machine or part of a suspended machine, it shall be safely blocked and cribbed. 4. Be sure all equipment and vehicles are locked out, the key out of the ignition or secured to prevent staring, and controls tagged indicating to others that you are working on the machine. 5. Machinery shall not be repaired or adjusted while in operation except on equipment that is designed or fitted with safeguards to protect the person performing the work. 6. Use caution in locating fuel containers near equipment, electrical devices with arcs, driveways, non- ventilated storage areas, heating devices or welding and cutting areas. 7. Compressed gas cylinders must be stored and secured in an upright position, with different gases separated for safety. 8. A safe cage or safety rods shall be used when inflating lock ring tires. 9. Required personal protective equipment is to be worn when using solvents or any other hazardous material. 10. Gas cylinders (oxygen, acetylene, etc.) shall not be moved or stored lying down. 11. Caps shall be kept on all gas cylinders when regulators are not in place. 12. Regulators are to be kept free of oil and leaks. 13. Flashback safety valves shall be used on all hoses and lines at the gauges or manifolds. 14. Oxygen and acetylene cylinders must be separated by a firewall while storage or separated by a minimum of 25 feet. 15. Acetylene and oxygen cylinders shall be secured in an upright position while in use. 16. Wrenches should not be altered by the addition of handle extensions or cheaters. 40

17. The heads of striking tools must be kept dressed and free of burrs at all times. 18. Hold screwdrivers, wrenches, chisels, etc. in such a way that if there is a slip or a miss, you will not be hurt. 19. Every electric power tool must be grounded before it can be used, unless double insulated. 20. Skill saws shall not be used without the guard in safe working condition. 21. Defective tills shall not be used. Report them for immediate repair when damaged or in need of reconditioning. 22. Use tools for their intended purposes only. 23. Wear eye protection when exposed to any dust pieces flying in air or any eye hazard. 24. ANSI rated Goggles or eye shields or safety glasses must be worn underneath faceshields for welding, burning, chipping, grinding or using air drills or hammers. 25. Only approved solvents are to be used in cleaning parts. The use of gasoline for cleaning is prohibited. 26. Employees and all work are to be protected from hot welding materials. 27. Welder helpers and all others working around welders are required to wear eye protection. DRIVERS 1. All vehicles in use shall be checked at the beginning of each shift to assure that the following parts, equipment and accessories are in safe operating condition and free of apparent damage that could cause failure while in use: • Service brakes, including trailer brake connections • Parking system (hand brake) • Emergency stopping systems (brakes) • Tires • Horn • Steering mechanism • Seat belts • Operating controls • Safety devices (back-up alarm) • Lights, defrosters • Wipers, defrosters • Fire extinguisher 2. All defects must be corrected before the vehicle is placed in service. 3. It is mandatory for all Minger drivers on all job sites to wear a hard hat, safety glasses, leather gloves, Class II high-visibility safety vest/shirt/jacket, and safety-toe boots when outside of the vehicle. 4. Never back a vehicle without looking behind or first being guided by a spotter. 5. Trucks with dump bodies shall be equipped with positive means of support and capable 41

of being locked in position to prevent accidental lowering of the body while maintenance or inspection work is being done. 6. No riders unless they ride inside of the cab. 7. Use your seat belt at all times. 8. Know and abide by State Laws. 9. Federal laws governing safety are very rigid and violations of these laws will not be tolerated. 10. Vehicle inspection reports must be filled out at the end of each shift and turned into shop Foreman. 11. Copy of the vehicle inspection report from the previous day must be kept in the vehicle. 12. Know the provisions of Minger’s drug program, and abide by all rules and regulations. 13. Violations of Minnesota OSHA Regulations, and/or Minger Safety Rules and Regulations will be subject to the disciplinary requirements of the Minger Safety Manual. 14. Refer to the Minger’s Fleet Management Plan for further details. 42

SECTION 7 VIOLATION & DISCIPLINARY ACTION 43

SECTION 7: VIOLATION & DISCIPLINARY ACTION Minger’s Violation and Disciplinary Action Policy (VDAP) shall support the enforcement of standards designed to ensure product quality, employee safety and productivity. Minger’s VDAP seeks to eliminate repeated or continuing violations by using disciplinary measures to ensure conformance to Minger’s standards and compliance with all applicable regulations. Each Supervisor is responsible for ensuring that each and every employee reporting to him/her is given appropriate and specific safety instructions and that these instructions are clearly understood by the employee. Any violation of company policy shall be considered unsatisfactory job performance warranting counseling and training or disciplinary action. Near miss-type accidents and incidents shall receive the same consideration and disciplinary action as actual accidents and incidents. Minger reserves the right to take immediate disciplinary action up to and including termination of employment without warning if an employee: 1. Creates financial loss to the company. 2. Destroys company or private property. 3. Endangers human life. 4. Is involved in an at-fault accident. 5. Is unable to satisfactorily perform his or her assigned duties or tasks. 6. Is willfully negligent. 7. Performs a substandard practice or creates a substandard condition. 8. Refuses to comply and/or conform. 9. Violates company policy, project specific rules and regulations, local state or federal regulations pertaining to the work being performed on the project. DISCIPLINE FOR VIOLATION OF POLICY Disciplinary action shall be performed on a case-by-case basis through collaboration with the Controller, the Safety Department and the employee’s, Project Manager and Supervisor. The severity of the incident shall determine the appropriate disciplinary action an employee will receive. The following list is a summary of the common forms of disciplinary action:  Employee/Supervisor counseling and training.  Verbal Warning and documented.  Written Warning and documented.  Suspension without pay.  Employee termination. 44

After appropriate disciplinary action has been decided, the employee’s Supervisor shall meet with the employee to inform him or her of the violation and the resulting disciplinary action. Corrective and/or preventative action(s) shall be discussed with the employee by his or her Supervisor to ensure repeated or continuous violation of Minger’s policy does not result. 45

SECTION 8 INCIDENT REPORTING AND INVESTIGATION PLAN 46

SECTION 8: INCIDENT REPORTING AND INVESTIGATION PLAN Minger Construction Co., Inc. (Minger) is committed to providing a safe and healthful work environment for each employee while maintaining sound, profitable approaches to business solutions. We shall make every reasonable effort to safeguard our employees, customers, communities and the environment from the risk inherent to our operation. Minger’s dedication to occupational safety and health requires our system for managing risk to establish standards of performance consistent with our commitment to continuously improve the processes of our operations. Our Incident Reporting and Investigation Plan is a comprehensive system of analysis designed to assist the Safety Department and other Management personnel in effectively and efficiently gathering data to uncover the sequence of events contributing to the event. Our goal is to develop a thorough understanding of the root cause in order to develop controls for preventing a repeated breakdown in our management system. Minger’s Incident Reporting and Investigation Plan outlines the procedures our employees use for recording and investigating Accidents, Incidents, Property Damage, and Injuries. Any questions regarding our policy and procedures should be directed to our Safety Department at (952) 368- 9200. Luke Minger President 47

ADMINISTRATION The Safety Department is responsible for developing and maintaining all facets of the written Incident Reporting and Investigation Plan and has full authority to make any changes necessary to ensure satisfactory results. The Safety Department is the point of contact for all accidents, incident and injury investigations. Effective training for this plan will be provided to all affected Minger employees. REPORTING PROCEDURES All employees will be instructed to report an accident, incident or injury regardless of the apparent severity, to their Supervisor immediately. The Supervisor will notify the Safety Department within at least 30 minutes after the incident occurs. Each of these incidents will be investigated by the Safety Department and Management personnel. The results of the investigation will be accurately documented in a timely manner and communicated with all the company employees through Minger’s Management personnel. Incidents, which are required to be reported, include, but are not necessarily limited to, the following: near misses, accidents, injuries, spills, fires, vehicle accidents, and inspections by regulatory agencies. Minger reporting procedures are as follows: 1. Any employee involved in an Accident, Incident or Injury is required to notify their Supervisor immediately. The Supervisor will contact the Safety Department within 30 minutes of the event occurring. Not performing this task is grounds for disciplinary action up to and including termination of employment. 2. The Safety Department shall be notified by the affected employee(s) and given all relevant information no later than 30 minutes following any Accidents, Incidents, Property Damage, and Injuries. This includes any physical discomfort, unusual pains or any situation having the capacity or likelihood to require medical treatment. Not performing this task is grounds for disciplinary action up to and including termination of employment. 3. Near Miss incidents are tracked by the Safety Department. All employees involved in a Near Miss situation shall immediately report the situation to his or her Foreman or immediate Supervisor and complete a Near Miss investigation as soon as feasible. 4. The Supervisor shall immediately notify the Safety Department and complete a report with the employee, any witnesses and/or other relevant people. All information gathered from the accident shall be promptly sent to the Safety Department. 5. Any employee witnessing an Accidents, Incidents, Property Damage, and Injuries on-the- job shall report the event to their immediate Supervisor and the Supervisor will contact the Safety Department once the situation is under control. Witnesses to the Accident, Incident, 48

Property Damage or Injury and/or emergency response situation shall fill out a report and submit the form to the Safety Department within 24 hours. INVESTIGATION PROCEDURES Each Accident, Incident, Property Damage and Injury should be investigated in order to determine the specific facts as they relate to the incident. The event shall factually be recorded and saved to the project management system. The investigation should commence as soon as possible after the incident is under control, but not later than the first workday after the incident. The Management and Supervisors are accountable for the following responsibilities in the event of an Accident, Incident, Property Damage or Injury: 1. Ensuring the accident scene is secure and all employees are accounted for. 2. Collaborating and coordinating with all emergency services involved in the incident response. 3. As soon as feasible, the Safety Department shall conduct an accident investigation at the scene of the accident to document all relevant information. 4. Interviewing the employee(s) involved in the accident and any witnesses to determine the sequence of events leading up to the accident and actions taken during and afterward. 5. Ensuring each individual interviewed has been given the opportunity to review his or her version of the story. Allow each individual ample time to make any necessary corrections in order to describe the events in the clearest possible detail. The goal is relevant fact- finding. 6. Completing the Accident/Incident/Injury Report Form with the employee and collectively reviewing the data for accuracy. This information is then entered and tracked in the Safety Department’s Database. 7. Subsequent investigations focus on developing a sequence of events leading up to the accident to determine the root cause of the breakdown in the management system. 8. Root cause conclusion(s) shall be used to develop controls to reduce likelihood of similar instances from negatively impacting the safety and health of Minger employees, subcontractors, the public and the environment. 9. Debriefing will be available upon the request of the affected individuals. 49

SECTION 9 RETURN-TO-WORK PROGRAM 50