Saturday, January 24, 2015

USW Oil Workers

United Steelworkers leaders, representing employees at about two-thirds of U.S. Refineries, instructed members to reject the first three-year contract proposed by companies on Friday, describing the offer as "offensive"

Wednesday, March 12, 2014

It is important to consider the larger implications for the country of the decline in collective bargaining as an institution. The labor movement, via collective bargaining, is the only institution that represents individuals in their status as employees. By weakening unions, we lose the balance that is essential to fair distribution of society's wealth. Thus, we should not be surprised that increasing inequality has coincided with a decline in collective bargaining and unionization.

  Richard N. Block

Sunday, September 29, 2013


This is the new fatigue policy which will go into effect January 1, 2014. First is the policy then there's a side letter explaining how OT will be handled. Next is the procedure for Fatigue Identification. Then last is the revised APS Protocol explaining how working up as S.A. will be handled.

So study it and learn it and lets keep them honest! And as always give me a call if you have questions or issue's.  LD






   Ponca City Refinery – Fatigue Management Standard Policy


A.   Purpose and Scope
1.    This Policy provides minimum requirements for a refinery Fatigue Management Program to reduce the likelihood of fatigue related incidents.  To the extent there are Federal, State, or Local rules which are more stringent than this Standard, the Ponca City Refinery shall comply with those rules.

As per the Fatigue Standard and the Collective Bargaining Agreements between the Company and the Various Labor Organizations, in those circumstances where application of the Fatigue Management Standard Policy conflicts with provisions of the Collective Bargaining Agreement, the Collective bargaining agreement shall govern, except as may be modified by this standard. 

2.    This policy covers all aspects of refinery operation including normal operating conditions, maintenance, start-ups, shutdowns, turnarounds, and project construction.

3.    This Policy applies to all Phillips 66 employees when performing work on a commuting basis at an applicable refinery site. Contractors working night shifts, rotating shifts, extended hours, days or call outs at the Ponca City  Refinery are expected to have Fatigue Management Standard hours of service guidelines which are at least equivalent to this Policy. 

B.  Responsibilities

1.    Refinery Leadership Team (RLT) is accountable to implement and monitor this Policy.

2.    Human Resources Manager is responsible for the administration and maintenance of the Fatigue Management Standard Policy and reporting of site level Fatigue Metrics.

3.    Supervisory and scheduling personnel are responsible for the administration and adherence to this Policy

4.    Union Leadership is responsible for participating in fatigue metric reviews in support of the implementation and ongoing administration of this Policy. 

5.    All employees are responsible for adhering to this Policy.


C.  Definitions

  1. Call-out – whenever an employee is called for duty outside of the employee’s regular working hours.  Call outs are defined in accordance with the CBA
  2. Extended Shifts – shift where an employee is assigned to work outside their regularly scheduled shift hours and into other shifts, to include, but not limited to, hours worked for job continuity, unit upsets, and shift employees waiting for relief.
  3. Holdover Meetings – meetings before or after scheduled shifts where employees are at work beyond their regular shift to participate in training or safety meetings and the like.  A holdover is a type of extended shift.
  4. Normal operations – operations that are not during outages.
  5. Outage – planned or unplanned interruptions in the normal operations of a unit or plant.  Outages include, but are not limited to, such things as turnarounds, unit shutdowns, responses to operational upsets, and the like. The Area Lead will determine if and when an Outage occurs in a progression unit, and the duration of the outage. The Area Lead will also determine who/whom will be considered on the outage for maintenance purpose
  6. Shift – a shift is counted as a shift worked in a work-set if more than 4.0 hours are actually worked.
  7. Open shifts – foreseeable or planned vacancies where the vacancy is known at least one week in advance and overtime will be required to fill the vacancy (non-emergency).  Examples include, but are not limited to, extended sick leave, special assignment, union leave and vacation.
  8. Unplanned vacancies – vacancies that are not known at least one week in advance and overtime is required to fill the vacancy to include, but not limited to, short notice sick leave and bereavement leave. 
  9. Work-set – a series of work shifts, not necessarily consecutive, that occur prior to the required 36 or 48 hour minimum time off.  A work-set begins the first work shift after the required 36-48 hour minimum time off is completed, and ends when the next 36-48 hour time off is required.  One work-set can include consecutive or alternating shifts, day and/or night shifts as long as the values in the Table on Page 4 of this policy are not exceeded.
  10. Day employees – defined as those employees who normally work 8 hour day shifts, including hourly, salaried exempt and salaried non-exempt employees.        
  11. Fatigue – Reduced mental and physical functioning caused by sleep deprivation and/or being awake during normal sleep hours.  This may result from extended hours, insufficient opportunities for sleep, failure to use available sleep opportunities, or the effects of sleep disorders, medical conditions or pharmaceuticals which reduce sleep or increase sleepiness.  
    12. Non core work –  all work performed outside the schedule
   13. Scheduling Personnel – OLMC, MTL, APS, SPS, and Area Lead.

D.  FATIGUE MANAGEMENT PROGRAM MINIUMUM REQUIREMENTS

1.    Each refinery shall have a comprehensive Fatigue Management Program which covers the following key areas:

a.    Hours of Service Policy – A policy which defines the requirements for acceptable numbers of  shifts/days worked in a work-set and the maximum hours worked per shift/day, with an established exception process.  The minimum requirements of the Hours of Service Policy are outlined in Section E.

b.    Education & Training – Provide initial and recurring education and training covering the causes, risks and potential consequences of fatigue.  The material must cover the following elements:

                                 I.    Basics sleep, circadian & fatigue physiology

                                II.    Company/site procedures and resources (e.g., EAP, employee medical coverage, site clinic, company medical)

                              III.    Recognizing signs of fatigue and symptoms of sleep disorders

                              IV.    Sleep & alertness strategies to include but not limited to:

·         Fatigue strategies for jobs that require heavy physical acitivities (i.e. avoiding continuous heavy lifting, etc)

·         Fatigue strategies for sedentary jobs (i.e. avoiding the risk of automatic behaviors, etc)

                               V.    Supervisor and Union Leadership training covering:

·         The overall Fatigue Management Program

·         The influence of staffing levels on fatigue & how to schedule work to minimize risk

·         How to detect fatigue & policies/procedures to remove employees from duty

c.    Work Environment – Identification and management of key work site environmental factors that cause an increase in fatigue related risks. Consideration of environmental factors such as; temperature levels, sound levels, lighting, humidity, ergonomics and nature of the job tasks, should be made. 

d.    Each site shall incorporate requirements to ensure fatigue is an element of root cause analysis for their incident investigations.  The investigation of incidents should be conducted in a manner that facilitates the determination of the role, if any, of fatigue as a root cause or contributing cause to the incident.  Information collected should include the time of the incident, shift pattern, including the number of consecutive shifts worked, the number of hours awake, the number of hours of sleep in the past 24 hours by the individuals involved; the shift duration (and any overtime worked); whether the incident occurred under normal operations or an extended shift; whether an outage was occuring; and, other fatigue factors.  It should be noted that for individual incidents, often no definitive conclusion regarding the role of fatigue may be possible.  However, aggregate analysis of incidents may reveal patterns suggestive of the role of fatigue that is not apparent by evaluating incidents individually. 
2.    Each site shall incorporate the hours of service limits established by the Fatigue Management Standard (see section E) into their initial and periodic assessments of staffing levels.  These assessments should be broken down by area, and  include:

a.    A review of overtime, absenteeism, and non-core work metrics

b.     Open shifts

c.    Expected turnover and resource requirements from workforce to train new staff

d.    Expected non-core work assignments

e.    Expected labor intensive work periods such as unit outages and project completions

f.     Expected training time away from job assignment

g.    Expected workload resource requirements

E.  Hours of Service Policy Minimum Requirements

In developing extended schedules, supervisory and scheduling personnel should utilize the following table.  If employees are expected to work beyond the hours of service requirements listed in the table below, the employee’s supervisor shall follow the Exception Process outlined in Section H of this policy. 


PCR Fatigue Policy
 
 
 
 
 
12-Hour Shift
10-Hour Shift
8-Hour Shift
8-Hour Day
Day, Night or Rotating
Rotating or Nights
Day
Maximum number of shifts in a work-set
a) Normal Operations
7 shifts
9 shifts
10 shifts
12 days
    b) Outages
14 shifts
14 shifts
19 shifts
19 days
Minimum time off prior to a new work-set
a) Normal Operations
36 hours
36 hours
36 hours
36 hours
§   Work-set of 4 or more                         night shifts
48 hours
48 hours
48 hours
N/A
§ After 84 hours or more   regardless of day or night
48 hours
48 hours
48 hours
36 hours
b) Outages
36 hours
36 hours
36 hours
36 hours
Extended Shifts
a)  Extended Shift Maximum
18 hours
16 hours
16 hours
16 hours
b) Time off after shift
 
 
 
 
n 12 to 16-hour shift
8 hours
n >16-18 hour shift
10 hours
N/A
    c)  Holdover Meeting Maximum
2 hours
2 hours
4 hours
4 hours
Maximum Number of Extended Shifts per work-set (including holdover meetings)
1 extended shift >14 hours
>1 – 14 hour shift or >2 – 12 hour shifts require exceptions.
If >2 extended shifts occur, follow 12 hour shift guideline.
>2 – 12+ hour shifts require an exception. If extended shifts are greater than 14 hours then they must be non-consecutive.
If >2 extended shifts occur, follow 10 or 12 hour shift guideline (as appropriate).


1.    Holdover periods for training and safety meetings should, where possible, occur at the end of the day shift.

2.    Extended shifts greater than 14 hours shall occur only when necessary to avoid an unplanned open safety critical position or complete an unplanned safety critical task. 
 

3.    A shift shall be counted as a shift worked in a work set if more than 4.0 hours are worked.


4.    Care and attention should be given to assure all personnel have adequate rest and are fit for duty prior to safety critical events (e.g. shut-downs, partial unit shutdowns, full unit shutdowns, start-ups).  


F.  Metrics

1.    Refining Services HRBP Manager shall issue the following metrics on a monthly basis:


a.    Average overtime % for Phillips 66 Operations and Maintenance hourly employees

b.    Number of hourly employees greater than 50% overtime in the previous rolling 3-month period

c.    Number of Phillips 66 employee shifts worked > 14 hours per total number of operating shift positions

d.    Top 10 Phillips 66 employee overtime individuals

2.    In addition, each site shall review the following metrics internally on a monthly basis:


a.    Progression Unit % overtime for Operations and Maintenance hourly employees

b.    Number of approved exceptions to the Hours of Service Policy

3.    Fatigue metrics will be reviewed by Refinery Leadership on a monthly basis.


4.    Refinery site management will meet with local Union Leadership to review and discuss the fatigue metrics on a quarterly basis, and more frequently as necessary. The fatigue metrics will be forwarded to the Union on a monthly basis. 


5.    Contractors shall have similar site metrics to be reviewed internally by the Contractor Management.

 G.  Exception Process

1.    If any of the requirements outlined in Section E , Hours of Service Policy Minimum Requirements, are expected to be exceeded, the employee’s acting supervisor shall complete a risk assessment and mitigation plan (on the Exception Process Approval Form R-XXX attached) to include:


a.    The reason requiring work hours or work days in excess of the Policy 

b.    The tasks and work to be completed and the timeframe involved.

c.    An evaluation of the tasks and work to include identifying:

 
                                 I.    The types of errors for which exceeding the Hours of Service Requirements may increase the probability of occurring

                                II.    Potential consequences of errors from the exceeding of the Hours of Service Requirements

                              III.    Control measures to minimize errors and consequences


2.    In cases where the maximum daily work hours may be exceeded, the supervisor shall develop an individual plan which:

a.    Assesses the personal travel situation for the individual(s) following completion of work and the need for alternate arrangements (i.e. ride home, hotel, etc)

b.    Ensures individual(s) have adequate rest prior to returning to work


3.    If the exception is for exceeding the maximum allowable number of shifts in a work-set, the documented risk assessment and mitigation plan shall be reviewed with the employee and approved by the Production Manager / Maintenance Manager or their designee.  If the exception is for exceeding other hours of service limits, the documented risk assessment and mitigation plan shall be reviewed with the employee and approved by the employee’s supervisor and one other management representative.  The approved plan shall be sent to the respective department superintendent, the department’s Refinery Leadership Team member and the Human Resources department. 
I.          Attachments

      1. 

MANAGEMENT STANDARD HOURS OF SERVICE
EXCEPTION PROCESS APPROVAL FORM (ADM220)
The decision to work, 1) an extended shift greater than 14 hours; 2) more than the maximum shift in a work-set for the operational situation; or 3) with less than the minimum time off prior to starting a new  work set, shall occur only when necessary to avoid an unplanned open safety critical position or accomplish an unplanned safety critical task and shall be managed through an exception process which meets the requirements.
Phillips 66 Employee:
 
Date / Time Work Proposed:
Area:
Reason for additional work hours or days in excess of the Fatigue Management Standard Hours of Service Policy: (Address if carrying out work at another time considered and if so, why not done?)
Personnel Involved:
Is this exception for an extended shift which is greater than 14 hours but less than 16 hours?  If yes, skip the risk assessment & mitigation section and proceed to approvals. 
Risk Assessment & Mitigation  
Types of errors extended shifts  may increase probability of occurring (consider: opinions/ideas of work group, types of hazards present, complexity, physicality, environment and history of complications)
Potential consequences of errors from exceeding the Policy (consider: safety criticality of work, potential for injuries if errors are made, potential for equipment / plant damage, severity, and how errors could impact others)
Control measures to minimize errors and consequences (consider: additional personnel, increase supervision or rest breaks, adequate food / refreshment, fitness of individual)
Personal travel plan following work completion (e.g. calling a cab or others to take employee home, staying at a hotel, etc.):
 
Rest period prior to returning to work:
Approval Phillips 66 Supervisor
Sign:
 
 
Print
 
 
Position:
 
 
 
 
Employee: (Initial or Signature): _____________________________________________________________________
Health and Safety Department (or second supervisor)  Approver (as below):
Sign:
 
 
Print
 
 
Department Refinery Leadership Team Approver:  When approved, please forward completed Exception Process Approval Form to the Department Superintendent, Refinery Leadership Team member and the Human Resource Department.

ADM220 

Explanation of Hours of Service Limit Chart

A.   Twelve Hour Shifts

a.    Normal Operations

                                          i.    The hours of service limits for normal operations for 12-hour shifts are as follows:

1.    Work-sets shall not exceed 7 consecutive day or night shifts

2.    To permit 2 consecutive night shifts of sleep after a work-set, there shall be:

a.    a minimum of 36 hours off after a work set,

b.    a minimum of 48 hours after a work-set containing 4 or more night shifts, or

c.    a minimum of 48 hours off after a total of 84 or more hours worked in a work-set regardless of day or night shift.

3.    Shifts are routinely scheduled for 12 hours and holdover meetings should not exceed 2 hours and, where possible, occur at the end of the day shift

b.    Outages

                                          i.    The hours of service limits for outages for 12-hour shifts are as follows:

1.    Work-sets shall not exceed  14 consecutive day or night shifts

2.    There shall be a minimum of 36 hours off after a work-set.

a.    During outages, individuals tend to work fixed shifts.  36 hours between work sets provides for 2 consecutive sleep opportunities, thereby allowing workers to remain on their established circadian cycle, rather than encouraging night shift workers to revert to night sleep on their off days, which likely would occur with longer time between work-sets.

3.    Shifts are routinely scheduled for 12 hours and holdover meetings should not exceed 2 hours and, where possible occur at the end of the day shift.

4.    Start-ups and planned shut-downs (including partial) – The start-up and shut-down of a process is a critical time in operations and due consideration should be provided so safety critical personnel are well rested and fit for duty.

c.    Extended Shifts

                                          i.    The hours of service limits for extended shifts for 12-hour shifts are as follows:

1.    Extended shifts greater than 14 hours shall occur only when necessary to avoid an unplanned open safety critical position or accomplish an unplanned safety critical task.

2.    A minimum of 8 hours shall be provided before returning for the next shift.

3.    The decision to work an extended shift greater than 14 hours shall be managed through the established exception process per Section H.

4.    The extended shifts shall not exceed 18 hours.

5.    No more than 1 extended shift longer than 14 hours should occur in a work-set.

B.   Ten Hour Shifts

a.    Normal Operations

                                          i.    The hours of service limits for normal operations for 10-hour shifts are as follows:

1.    Work-sets shall not exceed 9 consecutive calendar days.

2.    There shall be a miniumum of 36 hours off after a work-set, or 48 hours after a work-set containing 4 or more night shifts

3.    There shall be a miniumum of 48 hours off after a total of 84 or more hours worked in a work-set regardless of day or night shift. 

4.    Shifts are routinely scheduled for 10 hours and holdover meetings should not exceed 2 hours and, where possible, occur at the end of the day shift.

b.    Outages

                                          i.    The hours of service limits for outages for 10-hour shifts are as follows:

1.    Work-sets shall not exceed  14 consecutive calendar days.

2.    There shall be a minimum of 36 hours off after a work-set.

a.    During outages, individuals tend to work fixed shifts.  36 hours between work-sets provides for 2 consecutive sleep opportunities, thereby allowing workers to remain on their established circadian cycle, rather than encouraging night shift workers to revert to night sleep on their off days, which likely would occur with longer time between work-sets. 

3.    Shifts are routinely scheduled for 10 hours and holdover meetings should not exceed 2 hours and, where possible, occur at the end of the day shift.

c.    Extended Shifts

                                          i.    The hours of service limits for extended shifts for 10-hour shifts are as follows:

1.    Extended shifts greater than 14 hours shall occur onnly when necessary to avoid an unplanned open safety critical position or accomplish an unplanned safety critical task.

2.    A miniumum of 8 hours off should be provided before returning for the next shift.

3.    The extended shifts shall not exceed 16 hours.

4.    No more than 1 extended shift longer than 14 hours should occur in a work-set, or;

5.    No more than 2 extended 12 hour shifts should occur in a work-set.

a.    If 3 or more 12 hour shifts occur in a work set, follow the guidelines for the 12 hour shift in Section A of this attachment.

C.   Eight Hour Shifts (Rotating or Nights)

8 hour shifts should rotate in the forward direction (i.e. days to evenings to nights).

a.    Normal Operations

                                          i.    The hours of service limit for normal operations for 8-hour shifts (rotating or nights) are as follows:

1.    Work-sets shall not exceed 10 consecutive day, evening or night shifts.

2.    There shall be a minimum of 36 hours off after a work-set, or 48 hours after a work-set containing 4 or more night shifts.

3.    There shall be a minimum of 48 hours off after a total of 84 or more hours worked in a work-set regardless of day or night shift. 

4.    Holdover meetings, should not exceed 4 hours and, where possible, should occur at the end of the day shift.

b.    Outages

                                          i.    The hours of service limits for outages for 8-hour shifts (rotating or nights) are as follows:

1.    Work-sets shall not exceed  19 consecutive days.

2.    There shall be a minimum of 36 hours off after a work-set

3.    Shifts are routinely scheduled for 8 hours and holdover meetings should not exceed 4 hours and, where possible, occur at the end of the day shift.

c.    Extended Shifts

                                          i.    The hours of service limits for extended shifts for 8-hour shifts (rotating or nights) are as follows:

1.    Extended shifts greater than 14 hours shall occur only when necessary to avoid an unplanned open safety critical position or accomplish an unplanned safety critical task.

2.    A minimum of 8 hours off should be provided before returning for the next shift.

3.    The extended shifts shall not exceed 16 hours

4.    No more than 2 non-consecutive extended shifts greater than 14 hours should occur in a work-set or;

5.    No more than 2 extended shifts of 12 hours or greater should occur in a work-set.  These extended shifts may be consecutive.

a.    If 3 or more 12 hour shifts occurs in a work-set, follow the guidelines for the 10 or 12 hour shift in Section A or B of this attachment (as appropriate).

D.   Eight Hour Day Shifts

a.    Normal Operations

                                          i.    The hours of service limit for normal operations for 8-hour day shifts are as follows:

1.    Work-sets shall not exceed 12 consecutive days.

2.    There shall be a minimum of 36 hours off after a work-set.

3.    There shall be a minimum of 36 hours off after a total of 84 or more hours worked in a work-set. 

4.    Holdover meetings, should not exceed 4 hours and, where possible, should occur at the end of the day shift.

b.    Outages

                                          i.    The hours of service limits for outages for 8-hour day shifts are as follows:

1.    Work-sets shall not exceed  19 consecutive days.

2.    There shall be a minimum of 36 hours off after a work-set

3.    Shifts are routinely scheduled for 8 hours and holdover meetings should not exceed 4 hours and, where possible, occur at the end of the day shift.

c.    Extended Shifts

                                          i.    The hours of service limits for extended shifts for 8-hour day shifts are as follows:

1.    Extended shifts greater than 14 hours shall occur only when necessary to avoid an unplanned open safety critical position or accomplish an unplanned safety critical task.

2.    A minimum of 8 hours off should be provided before returning for the next shift.

3.    The extended shifts shall not exceed 16 hours

4.    No more than 2 non-consecutive extended shifts greater than 14 hours should occur in a work-set or;

5.    No more than 2 extended shifts of 12 hours or greater should occur in a work-set.  These extended shifts may be consecutive.

a.    If 3 or more 12 hour shifts occurs in a work-set, follow the guidelines for the 10 or 12 hour shift in Sections A or B of this attachment (as appropriate).


2.    Hours of Service Limit Examples

John is working 12-hour shifts during normal operations. His current work-set has him working 4 consecutive night shifts and then being off for 48 hours before beginning his next work-set. After working his 4 consecutive night shifts, he is off for 36 hours when a vacancy occurs in which he is needed to work day shift again for 4 consecutive shifts. Can he do this without an exception?


No. After working 4 night shifts in a work-set, a 48 hour time off is required to begin a new work-set. Since John has only had a 36 hour time off, he is still in the current work-set and is only allowed to work 3 additional shifts before having a 48 hour time off.

  

Jane is a craftworker who is working 10-hour shifts on days during a turnaround. During her current work-set, she was held over for extended shifts on three occasions. On these occasions, she worked a 12-hour shift, a 13-hour shift and another 13-hour shift to complete schedule critical tasks. How does the policy affect her?


The third extended shift in her case requires an exception. Additionally, since she has worked greater than 2 extended shifts in this work-set, she can only work 13 shifts in this work-set before taking the required 36 hours time off.

 
Tim is working eight hour days only. He is asked to work 4 hours over one day on an extended shift to complete a maintenance task. After working this extended shift and leaving work, he was called out 7 hours later to address an emergency maintenance issue. Does this meet the fatigue standard guidelines?

 
No. Since he worked 12 hours on an extended shift, he must be off 8 hours before coming back to work. Otherwise, an exception would be required.
 
 
.......................................................................................................................................................
 


 

 
Here's the side letter explaining how overtime will be handled
 
 

 
 
September 24, 2013
Mr. Jason Smith
USW Refinery Chairman
Local 13-857
1202 W Ponca Ave
Ponca City, OK 74601

Re: Side letter to the Ponca City Refinery- Fatigue Management Standard Policy
Dear Mr. Smith
 
Operating safety and responsibly are core values that Phillips 66 takes seriously.  Consistent with these core values and in an effort to reduce the likelihood of fatigue related incidents, the Ponca City Refinery will implement and administer a Ponca City Fatigue Management Policy and Procedure, which will become effective January 1, 2014.
The Company agrees that if an employee works required overtime hours at the request of the Company, and as a direct result of working those overtime hours, are directed by the Company not to report for scheduled straight time hours due to the Hours of Service Policy Minimum Requirements, the employee will be kept whole for straight time hours missed. Employees directed by the company not to report to work will be given a copy of the exception form, and a copy will be forwarded to the area clerk. Straight time  hours paid under the hours of service policy minimum requirements will count as hours worked for the purpose of calculating overtime.
Call Outs Craftsmen : Craftsmen who are called into the refinery before 11pm prior to a regularly scheduled work day and are released prior to 11pm will be required to report back to work at 7am.  Craftsmen who are called into the refinery after 11pm prior to a regularly scheduled  work day, can  work a maximum of 14 hours between the call out, and their regularly scheduled shift, regardless of when the call out ends.  Craftsmen who are called into the refinery before having 8 hours off and are needed to work past 11pm must have at least 8 hours off before the start of their next regularly scheduled shift. In this case the next regularly scheduled shift for the craftsmen involved starts after the employee has had 8 hours off.
Call Outs for Operators : A call out of 2 hours or less will not result in an application of the “Extended Shift” rules. Multiple call outs greater than 4 hours, or a call out greater than 4 hours will result in the application of the Extended Shift rules.
The Company agrees that the operator overtime guidelines shall be modified using the following.
1)    Overtime will first be offered to volunteers at the top of the volunteer list, if qualified, provided that overtime does not violate the Fatigue Management Policy.
2)    If overtime remains unfilled the company will take into account the APS Protocol Coverage Letter before proceeding to the mandatory list, unless this would create an unfillable safety sensitive position or would not result in the mandatory overtime being canceled.
3)    If the overtime remains unfilled, then the qualified employees at the top of the mandatory overtime list will be mandated to work on their days off, provided that the overtime day does not violate the Fatigue Management Policy. The Company will seek not to require a mandatory overtime assignment but once every 35 rolling days unless it is absolutely necessary.   
4)    If the overtime remains unfilled, then before the Company works an employee in violation of the Fatigue Standard we will seriously consider other options up to and including pulling employees off special assignments.
5)    If overtime remains unfilled then it will be offered to employees who have volunteered even if this will result in an exception being filed.  
6)    If overtime remains unfilled then the qualified employee at the top of the Mandatory list will be mandated on their days off even though this will require an exception to be filed. The Company will take into account the 35 day rolling mandatory overtime assignment from above.  
7)    If the overtime still remains unfilled then the company will mandate the employee qualified at the top of the mandatory list regardless of exceptions or the 35 day rolling mandatory overtime assignment consideration.
 
       Any reference in the collective bargaining agreement to a restriction of only working 13 days shall be deleted and the Ponca City Refinery- Fatigue Management Standard hours of Service Policy shall govern.
Agreed to and accepted this 24Th day of September, 2013

_________________________                                  _________________________
Robert Gingerich                                                         Jason Smith
Human Resources Manager                                        USW Refinery Chairman
Phillips 66 Ponca City Refinery                                    Ponca City Refinery
 
 
...............................................................................................................................................
 
 
 
 
                                                                Procedure for Fatigue Identification
As part of an increased emphasis on the impact that fatigue can have on employee safety and performance, Phillips 66 has created a corporate “Fatigue Risk Management System”, commonly called the Fatigue Policy.  There are three scenarios when it may be necessary to evaluate an employee’s fitness for duty as it relates to fatigue and to then take appropriate action:  (1) an employee communicates to their supervisor that he/she is too fatigued to safely continue with their job duties; or (2) a supervisor observes or responds to a co-worker’s observation that an employee appears to be too fatigued to safely continue with job duties.
Fatigue Evaluation (signs and symptoms)
The list below contains some of the more common signs and symptoms that an employee may be fatigued and that some sort of corrective action is necessary. 
·         Eye-hand coordination is reduced
·         Employee has a poor sense of what is happening around them
·         Difficulty in communicating
·         Poor short-term memory
·         Worsened mood / increased irritability
·         Decreased ability to concentrate
·         Decreased motivation
·         Taking longer than normal to complete tasks
·         Unusual difficulty with even simple tasks
·         Slipping, tripping and falling
·         Taking shortcuts and/or becoming sloppy
·         Fixating on a single task and/or neglecting other necessary tasks
Evaluation Procedure
Whether the employee self-identifies, a co-worker reports that the employee is fatigued or the supervisor observes what he/she believes are signs of fatigue, the following steps should be taken by the employee’s supervisor….
·         Talk with the employee regarding their physical and mental state - are they fatigued to a point that they are having difficulty performing their job?
·         If it appears that some sort of remediation would be helpful, consider such actions as
o   Take a walk and stretch
o   Have a cup of coffee
o   Briefly exercise
o   Take a rest break
·         If these actions (or others) alleviate the problem, the employee may continue working.
·         If these actions are not sufficient, discuss the situation with another supervisor and evaluate whether the employee should be removed from duty and sent or taken home.  Both supervisors should concur that such an action is appropriate before it is taken; Medical and/or HR can be consulted as necessary.
·         Report any actions to remove an employee from work to HR and to the appropriate RLT member.
Consequences
o   If an employee indicates they are unable to perform their job duties because of fatigue and requests to be removed or is removed from work by their supervisor because of an inability to work due to fatigue, they will not be paid for hours not worked.  However, if the employee is working under an exception to the Fatigue Policy and leaves work due to fatigue (whether self-reported or sent home by the supervisor), scheduled hours not worked for the shift will be paid at straight time for the initial occurrence.  Additional instances of removal from work due to fatigue while working under an exception will be investigated to determine whether any extraordinary facts and circumstances warrant paying for time not worked.
o   An initial removal from work (whether by employee request or by supervisor action) will not count as an absence occurrence under the Ponca City Refinery Absence Control Policy.  Additional removals from work due to fatigue will count as an absence occurrence, although an investigation will be conducted to determine whether any extraordinary facts and circumstances exist that warrant not including the incidence as an absence occurrence.  Any record of an absence due to fatigue will be removed after two years.
 
.......................................................................................................................
And finally explaining how working S.A. works 
 
APS PROTOCOL COVERAGE
 
Underlying Principle
The primary reason for the breaker APS position is to cover APS vacancies.
Process for Covering Short Term APS Vacancies that occur after the schedule is published (i.e. emergency vacations, sickness)
·          The vacancy should be filled in the following order:
  1. Breaker APS if not already scheduled
  2. Volunteer Operator, providing it does not cause mandatory overtime in Operating progression
  3. APS from another team up to the Fatigue Standard limits (Preferably switches / trades.  Force to prevent 5 or 6)
  4. OLMC if it is a normal daylight shift ( M – F )
  5. Volunteer Operator, even if it causes mandatory overtime in the Operating progression as long as this does not create an exception under the Fatigue Standard.
  6.  APS with exception under the Fatigue Standard.
  7. Operator with exception under the Fatigue Standard.
·          APS vacations requested after the schedule is published will not be granted if they result in mandatory overtime in the Operating progression, except in emergencies.
·          It is the responsibility of the APS team to ensure the position is filled.
·          Once the APS vacancy is filled, if a further vacancy occurs in the Operating progression, overtime shall be worked by the Operating progression.
·          All available options should be utilized at any time to prevent 18 hour working for either APS’s or Operators.
Process for Covering Short Term APS Vacancies that are known when setting the schedule
Other than emergency vacations, these should have been scheduled in advance (>2 weeks notice) and the normal expectation is the breaker will cover.
 
·          Short term vacancies defined as less than or equal to two consecutive shift sets.
·          The Breaker APS is the first choice to fill the vacancy
·          If the Breaker APS not available:
  1. Fill all Operator positions in the schedule, including any mandatory overtime.
  2. Once all Operator positions are filled and the Operator schedule is complete, APS vacancies may be filled utilizing a Volunteer Operator who was shown on the schedule as being on days off
·          If the position is not filled up to this point in the process, continue and fill the vacancy in the following order:
  1. APS from another team up to the Fatigue Standard Limits (Preferably switches / trades.  Force to prevent 3 or 4 )
  2. OLMC if it is a normal daylight shift ( M – F )
  3. Volunteer Operator, even if it causes mandatory overtime in the Operating progression without creating a Fatigue exception
  4.  APS with a Fatigue exception
  5. Operator with a Fatigue exception.
·          Once the schedule is published, any overtime required to cover a further vacancy in the Operating progression shall be worked by the Operating progression.
·          All available options should be utilized at any time to prevent 18 hour working for either APS’s or Operators.
Process for Covering Long Term APS Vacancies
·          Long term vacancies defined as more than two consecutive shift sets.
·          The Breaker APS is the first choice to fill the vacancy, and is expected to cover all planned vacations and business trips.
·          If the Breaker APS is not available, a Volunteer Operator may be taken out of the Operator Schedule to cover the APS position.
·          The Operator schedule will then be filled in the normal manner.
·          Volunteer Operators covering long term APS vacancies may volunteer for overtime in the Operating progression on their days off, subject to fatigue requirements, and will be made available for mandatory overtime in the operating progression.
·          Volunteer Operators shall not be taken out of the Operator Schedule, except to prevent 18 hour working, during the weeks of:
  1. July 4th
  2. Thanksgiving
  3. Christmas
·          Once the schedule is published, any overtime required to cover a further vacancy in the Operating progression shall be worked by the Operating progression
·          All available options should be utilized at any time to prevent 18 hour working for either APS’s or Operators
APS Training
·          When training a Volunteer Operator to be able to perform the APS position, it is preferable for them to train continuously for at least a full 28 day shift cycle unless doing so creates mandatory overtime shifts.
·          For APS training, Volunteer Operators shall be taken out of the Operator Schedule.
·          The Operator schedule will then be filled in the normal manner.
·          Volunteer Operators shall not be taken out of the Operator Schedule, except to prevent 18 hour working, during the weeks of:
1.     July 4th
2.     Thanksgiving
3.     Christmas
·          Once the schedule is published, any overtime required to cover a further vacancy in the Operating progression shall be worked by the Operating progression
·          All available options should be utilized at any time to prevent 18 hour working for either APS’s or Operators.
·          Non-APS Work-Ups
              The Company will engage in the same process to that of the APS Protocol prior to proceeding to the mandatory overtime list (i.e., look for breakers or other relief personnel to avoid mandatory overtime).
  1. Mandatory overtime will not be used to backfill for non safety sensitive positions.