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Partnership - An OSHA Cooperative Program

Occupational Safety and Health Administration Rhode Island Building TradesGilbane


COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT

BETWEEN

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION

PROVIDENCE AREA OFFICE

AND

GILBANE BUILDING COMPANY

AND

RHODE ISLAND BUILDING AND CONSTRUCTION TRADES COUNCIL

  1. PURPOSE AND SCOPE

    Gilbane Building Company, the Rhode Island Building and Construction Trades Council and the United States Department of Labor, Occupational Safety and Health Administration (OSHA), Providence Area Office (PAO) mutually recognize the importance of ensuring a safe and healthful work environment in the construction industry in the State of Rhode Island. To advance this mutual goal, the Partnership between Gilbane Building Company, the Rhode Island Building and Construction Trades Council and the PAO 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 Partnership would provide training and education to all of the Project’s subcontractors. Workers in these trades are exposed to the four recognized hazards within the construction industry: falls, electrocution/electrical shock, struck by and caught in between. Many of these subcontractors lack the sufficient resources to conduct training. The purpose of this Partnership is to provide training in recognizing the four hazards listed above, to develop methods in controlling and/or eliminating those hazards; identify predictors of unsafe acts and conditions; build and re-enforce a culture of safety and health within the workplace.

    The Warwick Intermodal Station (the Project) consists of a 4500 car pre-cast parking garage over the Amtrak R.O.W. including a commuter train platform and rental car Q.T.A. (quick turn around) area with multi level carwash and fueling stations. The project construction cost is close to $185M and is expected to be completed in the fall of 2010. This 25 month schedule will average about 150 person work force and estimated to peak at about 200.

    This partnering agreement which has been developed for the Gilbane Building Company for the Project will be limited to the Gilbane Building Company and its subcontractors that are working on that site. Gilbane Building Company will request subcontractors to join the Partnership at the time they start working on the site. The subcontractors will be identified on the addendum attached to this Partnership. The Partnership will provide benefits to Gilbane Building Company and the subcontractors, which include, among others, special recognition from OSHA and priority in compliance assistance programs.

     
  2. PARTNERS

    The following are identified as partners:
    1. U.S. Department of Labor-OSHA, PAO
    2. Gilbane Building Company
    3. Rhode Island Building and Construction Trades Council
    4. Subcontractors working at the site
       
  3. 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) Limit the number of injuries, illnesses, and fatalities to less than the national incident rate for non-residential construction, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by, caught-in/between, electrocution and trenching.
 		 a) Gilbane Building Company will establish a system to collect and analyze injury and illness trends (including near-miss incidents) by all subcontractors performing work at the site. 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 Gilbane Building Company, or any third party.

iii. Number of hazards identified and corrected.
3) Allow OSHA to focus resources on companies that require attention from OSHA, rather than on companies that have demonstrated existence of effective safety programs.

4) Make OSHA safety and health resources available to Gilbane Building Company, and its subcontractors on site.
 		 a) Gilbane Building Company 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:
  1. Include employee involvement.
     
  2. Include effective employee training for avoidance of hazards specific to the company's work site.
     
  3. Provide construction site supervisors and foremen (including supervisors and foremen of subcontractors) 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. If resources allow, train supervisory personnel to OSHA’s 30-hour Construction Safety Course.
b) Require all subcontractors onsite to work together in the partnership for the mutual goal of reducing worksite incidents.

c) Designate a competent person at the worksite.
 		 i. Number and type of training conducted.

ii. Number of employees trained.

iii. Number of “Tool Box/Tailgate” talks.

iv. Percent of workers trained to the 10 and 30 hr levels.
5) 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 subcontractors working with/for the OSHA Strategic Partnership Program (OSPP) participants.

6) Foster open and continuing communication between the partners.
 		 a) Gilbane Building Company 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 the Gilbane Building Company’s Senior Regional Safety Manager or the Project Safety Manager or other designee. The report will be prepared in the DBO2 Safety Net Format. The four high hazards of construction will be highlighted 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
7) Share knowledge of the best practices.

8) Offer support by the partners for subcontractors and compliance officers’ training. Gilbane Building Company will establish a training goal for each year of participation in the Partnership.
 		 a) Gilbane Building Company will conduct and document weekly safety training/tool box talks 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.

  1. EVALUATION

    An 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 Gilbane Building Company, to gather required participant data to evaluate and track overall results and success of the Partnership.

    After the first year of the partnership, subsequent verification inspections will be conducted by the anniversary of the signing.

     
  2. BENEFITS

    In good standing, Gilbane Building Company will receive the following benefits from OSHA:
    1. Special recognition, which may include but is not limited to, press releases issued by OSHA and recognition on OSHA’s web page designating the Gilbane Building Company as a participant in the OSHA Strategic Partnership Program (OSPP).
    2. Availability of informational materials such as safety and health publications and electronic tools.
    3. 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. Agreement project site within the next twelve (12) months.
    4. Priority status to Gilbane Building Company and subcontractors for compliance assistance and outreach activities, including the OSHA 10-Hour Construction Course, as resources allow.
    5. If cited, Gilbane Building Company and 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) where Gilbane Building Company, 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 site, per standard Agency procedures.

     
  3. VERIFICATION PROCEDURES
    1. 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.
       
    2. OSHA will conduct one announced non-enforcement visit per quarter for the term of the project to assess the implementation of the Partnership agreement. OSHA worksite observations should be sufficient to confirm the partner’s worksite is operating a safety and health management system that adequately ensures the protection of employees. During such visits, if OSHA personnel identify serious hazards that site management refuses to correct, OSHA will make a referral for an enforcement inspection.
       
    3. 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.
       
    4. 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.
         
  4. MANAGEMENT AND OPERATION OF PARTNERSHIP PROGRAM

    A Partnership Management Team (PMT) with members from Gilbane Building Company, the Rhode Island Building and Construction Trades Council 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 controlling the number of injuries, illnesses, and fatalities has been met. Gilbane Building Company and PAO are responsible for collecting baseline and annual performance data upon which the OSPP will be measured. Gilbane Building Company 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.

     
  5. 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.

    Gilbane Building Company retains all rights guaranteed under the Occupational Safety and Health Act (OSH Act), including the right to appeal or contest citations issued by OSHA.

     
  6. TERM

    This agreement will terminate 2 year(s) from the day of signing. If either OSHA or Gilbane Building Company 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.

     
  7. SIGNATORIES


    Signed this 24th day of November, 2008


     



    8.  
    Marthe B. Kent
    Regional Administrator
    Occupational Safety and
    Health Administration


     
    Patrick Griffin
    Providence Area Director
    Occupational Safety and
    Health Administration



     
    Louis DelSesto
    Project Executive
    Gilbane Building Company


     
    Michael F. Sabitoni
    President
    RI Building Trades Council



     
    Frederick Bockman
    Senior Regional Safety Manager
    Gilbane Building Company


     
    John D. Sinnott
    District Manager
    Rhode Island District
    Gilbane Building Company