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Region I > #621 Partnership Agreement |
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Instructions |
PARTNERSHIP
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
AUGUSTA AREA OFFICE
AND
MAINE DEPARTMENT OF LABOR, BUREAU OF LABOR STANDARDS
MAINE 21(d) CONSULTATION PROJECT
AND
CIANBRO CORPORATION |
I. PURPOSE AND SCOPE
Cianbro Corporation, the United States Department of Labor, Occupational Safety and Health
Administration (OSHA), Augusta Area Office (AAO) and the Maine Department of Labor, Bureau of Labor
Standards, Maine 21(d) Consultation Project (Maine 21(d)) mutually recognize the importance of
ensuring a safe and healthful work environment in the construction industry in the State of Maine.
To advance this mutual goal, the partnership between Cianbro Corporation, the AAO and Maine 21 (d)
has been established to formalize a cooperative effort between these entities, committed to
encouraging companies to improve their safety and health performance voluntarily, providing methods
to assist them in their efforts, and recognizing companies with exemplary safety and health
programs.
This partnering agreement, which has been developed for Cianbro Corporation for the Hollywood Slots
Project located in Bangor, ME (“the Project”), will be limited to the Cianbro Corporation and
specialty or sub-contractors at the site. Cianbro Corporation will request the specialty or
subcontractors to join the partnership at the time they start working on the site. The partnership
will provide benefits to Cianbro Corporation and the specialty or subcontractors, which include,
among others, special recognition from OSHA and priority in compliance assistance programs.
The Project consists of a seven story hotel, a four story parking garage and a 135,000 square foot
gaming facility. The expected completion date for the two buildings is December 2008.
II. PARTNERS
The following are identified as partners:
- U.S. Department of Labor-OSHA, AAO
- Maine Department of Labor, Bureau of Labor Standards
- Cianbro Corporation.
III. GOALS / STRATEGIES / MEASURES
| GOALS |
STRATEGIES |
MEASURES |
1) Reduce workforce fatalities, serious injuries, and
illnesses and provide a safe work environment for employees at the Project
2) Reduce by 5% annually the number of injuries, illnesses, and fatalities affecting participating
employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by,
caught-in/between, electrocution.
3) Decrease worker compensation costs and the number of OSHA citations for this Project within
AAO’s jurisdiction. |
a) Cianbro Corporation will establish a system to
collect and analyze injury and illness trends (including near-miss incidents) by all contractors
performing work at the Project. This data will be used as a tool for continual safety and health
program improvement. |
i. OSHA’s 300 injury and illness data.
ii. Number of site inspections performed at the site by Cianbro Corporation, or any third party.
iii. Number of hazards identified and corrected.
iv. Comparison of workers compensation costs before and after the completion of
of the Project. |
4) Allow OSHA to focus resources on companies that
require attention from OSHA, rather than on companies that have demonstrated existence of
effective safety programs.
5) Make OSHA safety and health resources available to Cianbro Corporation, and its specialty or
sub-contractors on site, as resources allow. |
a) Cianbro Corporation will develop and implement a comprehensive
safety and health program that adheres to, or exceeds, both the OSHA Safety and Health Program
Management Guidelines. The comprehensive written safety and health program will, at a minimum:
- Include employee involvement.
- Include effective employee training for avoidance of hazards specific to the Project.
- Provide construction site supervisors and foremen (including supervisors and foremen of
specialty or trade contractors) and all employees with the OSHA's 10-hour Construction Safety
Course to be able to recognize work hazards and have the authority to take prompt action.
- Require 100% fall protection for all activities above six (6) feet.
b) Require all specialty or sub-contractors’ onsite to work toward implementing a “zero tolerance”
safety practice in order to help achieve the desired reduction of worksite incidents.
c) Designate a competent person at the worksite. |
i. Number and type of training conducted.
ii. Number of employees trained. |
6) Result in improved safety and health programs, a
higher level of employee safety and health training, and as a secondary benefit, improved job site
safety and health program commitments by other specialty or sub- contractors working with/for the
OSHA Strategic Partnership Program (OSPP) participants.
7) Foster open and continuing communication between the partners. |
a) Cianbro Corporation will conduct and document
weekly safety training at the worksite.
b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends
and establishing an industry baseline.
c) Compile a summary of the number of inspections made by Cianbro Corporation Safety Director (or
their designee) and any third party. The report will be broken down into the four major categories
of construction-focused hazards (falls, electrical, struck by and crushed by hazards), and will
show the number of items within the four (4) categories that were corrected.
d) Have designated personnel conduct documented safety inspections. These personnel will have the
authority to take prompt corrective action.
e) Set a positive example for desired safety behavior and establish goals and accountability for
safety excellence. |
See Above |
| 8) Share knowledge of the best practices. |
a) Conduct and document weekly safety training at the
worksite.
b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends
and establishing an industry baseline. |
i. Number and type of training conducted for
supervisors
ii. Percentage of employees trained by OSHA. |
IV. EVALUATION
An annual evaluation of this partnership will be conducted within thirty (30) days of the signing of
the agreement. The Appendix C of the Directive CSP [03-02-002], "OSHA Strategic Partnership Program
for Worker Safety and Health," will be used to provide pertinent information needed to assess the
partnership.
It will be the responsibility of Cianbro Corporation to gather required participant data to evaluate
and track overall results and success of the partnership.
V. BENEFITS
In good standing, Cianbro Corporation will receive the following benefits from OSHA:
- Special recognition, which may include but is not limited to, press releases issued by OSHA and
recognition on OSHA’s web page designating the Cianbro Corporation as a participant in the OSHA
Strategic Partnership Program (OSPP).
- Availability of informational materials such as safety and health publications and electronic
tools.
- Following the necessary onsite enforcement inspection(s) conducted to meet OSPP verification
requirements, it will not be necessary to conduct a programmed inspection at the Project.
- Priority status to Cianbro Corporation and specialty or subcontractors for compliance
assistance and outreach activities, including the OSHA 10- Hour Construction Course, as resources
allow.
- If cited, Cianbro Corporation and specialty or subcontractors that join in the partnership may
be provided an additional 10% reduction for good faith beyond the reductions provided in the Field
Inspection Reference Manual (FIRM) whereby Cianbro Corporation, in implementing this OSPP, has
taken specific steps beyond those provided in the FIRM, to implement the Act. This additional
reduction will not apply to high gravity serious, willful, failure to abate or repeat citations.
Although certain benefits described above may modify OSHA enforcement
procedures, OSHA personnel will continue to investigate workplace complaints, referrals, fatalities,
catastrophes, and other significant accidents or events at the Project, per standard Agency
procedures.
VI. VERIFICATION PROCEDURES
- To determine contractor compliance with the terms of the agreement, an on-site comprehensive
enforcement verification inspection will be conducted within thirty (30) days from the signing of
the partnership agreement. Citations and penalties may be issued, when appropriate, as a result of
this inspection. Enforcement verification inspections are performed in accordance with the
applicable sections of the OSHA FIRM, and other enforcement guidance documents.
- If additional inspections are necessary they will be conducted in accordance with the FIRM and
other applicable enforcement documents. A focused inspection, concentrating on the project safety
and health program/plan, and the four leading hazards in construction: falls, electrical hazards,
caught in/between hazards, and struck by hazards may be performed where upon initial inspection of
the site the CSHO determines that the contractor meets the requirement of the Focused Inspection
Initiative.
- The Area Director will determine the number of inspections necessary based upon the following
guidelines:
- the number of inspections needed to cover all the types of work performed by the employer,
- the quality of the safety and health management system evidenced during the initial
verification,
- the number and nature of citations and penalties issued to the employer in the three years
prior to the partnership application
- the phases of construction and the nature of the hazards associated with such work
- the geographic scope of the partnership
- other factors which OSHA determines may affect its ability to fully and accurately assess the
effectiveness of the participant’s safety and health management system.
VII. MANAGEMENT AND OPERATION OF PARTNERSHIP PROGRAM
A Partnership Management Team (PMT) with members from Cianbro Corporation and OSHA will oversee and
coordinate this partnership. The team will determine partnership procedures, which will include
measures to be used and data to be collected, hold conference calls, and meet at least annually to
evaluate the effectiveness of the agreement.
Once the baseline is established, during the annual evaluation it will be determined whether the
annual goal of a 5% reduction in the number of injuries, illnesses, and fatalities has been met.
Cianbro Corporation and AAO are responsible for collecting baseline and annual performance data upon
which the OSPP will be measured. Cianbro Corporation aggregate injury and illness incidence rates
(total case rates) and fatality rates will be compared with the most current BLS published data to
determine whether goals have been met.
VIII. EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES
This partnership does not preclude employees and/or employers from exercising any right provided
under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility
to comply with rules and regulations adopted pursuant to the Act.
IX. TERM
This agreement will terminate one (1) year from the day of signing. If either OSHA or Cianbro
Corporation wishes to withdraw their participation prior to the established termination date, the
agreement will terminate upon receiving a written notice of the intent to withdraw from either
signatory.
XI. SIGNATORIES
Signed this 19th day of December, 2007.
William Coffin
Area Director
Augusta Area Office |
|
David E. Wacker
Director
Workplace Safety & Health Division
Maine Department of Labor |
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