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Partnership - An OSHA Cooperative Program
Occupational Safety and Health Administration J & J Contractors, Inc.

PARTNERSHIP AGREEMENT BETWEEN

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
METHUEN AREA OFFICE
SPRINGFIELD AREA OFFICE

AND

J & J CONTRACTORS, INC.

I.  PARTNERS

The partners to this agreement are:
  1. U.S. Department of Labor-OSHA, MAO & SAO
  2. J & J Contractors, Inc.

II. PURPOSE AND SCOPE

This strategic partnership agreement was developed to create a working relationship that will allow participants to focus efforts on eliminating and reducing fatalities and injuries to employees during the design and construction of a new Armed Forces Reserve Center located in Ayer, MA and achieve a high level of worker safety and health. This partnership will involve the erection of six buildings. The combined square footage for all six buildings is approximately 273,635. The project will also include a 200,000 square foot military parking area. The project is scheduled for completion on or about January 2012.

In addition to J & J Contractors Inc., the opportunity for participation in this partnership agreement will be extended to those subcontractors involved in the construction of the Armed Force Reserve Center.

III. GOALS/STRATEGIES & PERFORMANCE MEASURES
 
GOALS STRATEGIES MEASURES
Developing a contractor/government partnership that will encourage involvement of the general and sub-contractors in the improvement of safety and health performance
 		 J & J Contractors, Inc. will require its sub-contractors to develop and implement written safety and health management systems Verify by reviewing the number of
subcontractors that implemented written safety and health management system and recognize those with exemplary systems.
Implementing innovative strategies to eliminate serious accidents, including the four primary construction hazards (falls, struck-by, caught in, and electrical);
  1. Provide weekly toolbox safety meetings


  2. Conduct 10 and 30 hour OSHA training courses.


  3. Implement and enforcement an ongoing safety site audit program (to include daily site walk through)


  4. Perform Job hazard Analysis (JHA) of the tasks to be perform.

 After conducting hazard awareness training/JHAs compare the number of
hazards identified during the daily, weekly and monthly audits. Track all
injuries and illnesses daily to include first aid type.
Identifying opportunities for enhancing safety and health practices related to the operation and maintenance of cranes and other material handling equipment involved in the project. Provide ongoing training on the safe operations of cranes to all employees involved in the operation
 		 Document the number of employees and the number of training hours received

The goals, strategies and performance measures above will be implemented to meet the following objectives of this partnership:
  1. Reducing the number of at-risk conditions and behaviors that have the potential to result in worker fatalities, injury/illness, property damage and environmental impact to the lowest reasonable level.


  2. To reduce the number of injuries affecting J & J Contractors, Inc. participant subcontractors, emphasizing those resulting from the four primary construction hazards (see above); abating hazards (conditional and behavioral) identified from weekly safety and health inspections and having no repeat occurrences of such issues upon re-inspection.


  3. Reducing the Total Case Incident Rate (TCIR) and Days Away, Restricted, and Transferred (DART) rate by 20% below the current national average for NAICS Code 236220, Nonresidential building construction, based upon the Bureau of Labor Statistics data available for the most current year. The 2007 BLS TCIR and DART rate for NAICS 236220 are 4.5 and 2.1 respectively.


  4. Zero incidents related to crane safety, including injuries to personnel and property damage.

IV. ANNUAL EVALUATION

The partners will prepare a joint evaluation of the partnership annually. The evaluation will review the success of the partnership, lessons learned, and changes that will be made to meet the goals of the partnership. The annual performance evaluation report format from Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002 will be used. Performance measures listed in the goals and objectives section of this agreement will be collected and analyzed to determine the partnership's progress toward meeting its goals.


V. OSP BENEFITS

The following are benefits for J & J Contractors, Inc. and its subcontractors when and only when they are working at the Armed Forces Reserve Center location:
  1. A 12-month deletion from programmed inspection lists. This will occur after completion of an onsite enforcement inspection conducted by OSHA (See Verification Procedures below).


  2. Participation in the partnership will result in eligibility for the maximum good faith penalty reductions of 25%, except for willful, repeat, failure-to-abate violations and fatality investigations.


  3. No penalties for non-serious violations except for recordkeeping violations and failure to timely report fatalities.


  4. Technical assistance and training by OSHA.


  5. Special recognition, which may include but is not limited to press releases issued by OSHA and recognition on OSHA's web page designating J & J Contractors, Inc., as a participant in OSHA Strategic Partnership Program.

VI. VERIFICATION PROCEDURES

In accordance to OSHA's Clarification of Verification Exemption Policy for OSHA Strategic Partnership Program Construction Participants dated (June 1, 2006) J & J Contractors, Inc. and all construction subcontractors will receive a verification inspection as outlined below. The on-site enforcement verification inspections are conducted to determine participants' compliance with terms of this agreement. The first inspection will be conducted no later than sixty (60) days after partnership participants formally enter into this agreement which will cover the demolition phase of the project. A second verification inspection will be conducted within 90 days of the Notice to Proceed on the construction of the buildings. Annual verification visits will be conducted on the anniversary of the partnership signing. Citations and penalties may be issued, when appropriate, as a result of these inspections. During this period participants should develop and implement the safety and health management systems required under this agreement.


VII. OSP MANAGEMENT AND OPERATION

A partnership committee will be formed to manage the operation of this partnership agreement. It will consist of the J & J Contractors, Inc., subcontractor's safety representatives and the OSHA Compliance Assistance Specialist. A J & J safety representative will serve as the chairperson, the Site Safety Coordinator and as OSHA's primary contact. The J & J representative will meet quarterly with representatives of OSHA. The J & J safety representative will review subcontractor compliance and involvement in the partnership, analyze job site audits, make partnership improvements, evaluate partnership modifications, achievements and success. The J & J safety representative will have the authority to ensure safety and health corrections and to shut down operations that pose an imminent danger risk.

J & J Contractors, Inc. Responsibilities:
  1. Pre-construction meetings – J & J Contractors, Inc. shall conduct a pre-construction meeting with each subcontractor which shall include discussion regarding requirements for development of a project-specific Health and Safety Plan, a copy of which will be submitted to J & J Contractors, Inc.. project superintendent or the integration of J & J Contractors, Inc., safety and health policies into their standard safety and health program.


  2. Weekly foremen's meetings – J & J Contractors, Inc. shall hold a weekly meeting with all subcontractor foremen that shall include discussions of project safety and health issues, as well as a review of job hazard analyses for upcoming work activities. The meeting shall include representatives of all active subcontractors to discuss participant performance and progress toward partnership goals. OSHA representatives will be welcome to attend these meetings.


  3. J & J Contractors Inc shall assign a qualified safety and health representative to administer its safety and health program. This person will have, at a minimum, completed the OSHA 30-Hour Construction Outreach course. (This representative may or may not be deemed a competent person by J & J Contractors, Inc.)


  4. Risk Assessment – J & J Contractors, Inc. shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Project Management Plan.


  5. Project-specific Safety and Health Guidelines – J & J Contractors, Inc. shall develop a project-specific safety and health plan to be used as a benchmark for subcontractor programs to meet or exceed. This plan shall incorporate the following minimum elements:
    6.  
    • 100% fall protection when fall exposure at 6 feet or greater
    • Mandatory use of Ground Fault Circuit Interrupters (GFCI) throughout the project
    • All cranes, hoists, and personnel lifts (scissor/aerial) will be inspected and certified safe prior to use

    • Use of appropriate personal protective equipment.

    • Site-specific safety and health training

    • Weekly worksite audits of areas where employees are working;

    • Employee involvement

    • Management commitment

  6. Weekly Safety and Health Audits – J & J Contractors, Inc. shall conduct and document weekly safety and health audits to identify and correct conditional and behavioral deficiencies and to assess program performance.


  7. Training – J & J Contractors, Inc. shall ensure that all employees on the site receive necessary safety and health training. All safety and health training provided shall be available to OSHA personnel. J & J Contractors Inc will ensure that a method for reporting worksite hazards is available and communicated to all employees on site. Employees should be encouraged to utilize this hazard reporting system.


  8. Recordkeeping – J & J Contractors, Inc. shall maintain a project OSHA 300 Log (or equivalent), per the requirements of 29 CFR 1904.


  9. J & J Contractors, Inc. will compile and track a monthly summary of contractor injury and illness performance statistics at the jobsite. This data will be used to measure partnership progress relative to objectives.


  10. J & J Contractors, Inc. will compile and track a monthly summary of all weekly worksite audits conducted by subcontractors. Repeat deficiencies will be noted and highlighted in weekly foremen meetings.

Subcontractors Responsibilities:
  1. Project Specific Safety and Health Plan - All participant subcontractors shall provide a site-specific safety and health plan, which meets or exceeds the J & J Contractors, Inc. Project Safety and Health Plan. J & J Contractors, Inc.. will collect and review plans for compliance.


  2. Employee Orientation - All subcontractor employees, including new arrivals, will receive project-specific orientation and instructions prior to starting work.


  3. Weekly Task-specific Instructions - All subcontractors shall provide workers with instructions on the integration of safety and health requirements with current work tasks for the week. All subcontractors shall allow an OSHA representative to attend any of these meetings, when requested by OSHA.


  4. Qualified Safety and Health Representatives – All participant subcontractors shall assign a qualified safety and health representative to administer their program. All such representatives will have, at a minimum, completed an OSHA 10-Hour Construction Outreach course.


  5. Weekly Safety and Health Inspections - All subcontractors shall conduct weekly inspections of their work areas to identify conditional and behavioral deficiencies, as defined by the project safety and health plan and OSHA standards. All deficiencies will be documented and corrected or reported to J & J Contractors, Inc. for corrective action. The findings will be reported to J & J Contractors, Inc.., including type of deficiency and corrective action taken, on a weekly basis.


  6. Safety and Health Training - Subcontractors shall ensure that their employees receive necessary safety and health training. This training will be on-going as new projects, tasks, or processes arise. Training conducted for employees will also be open to OSHA personnel as applicable.


  7. Recordkeeping – All subcontractors shall record workplace injuries and illnesses as required by 29 CFR 1904 and shall report recordable incidents to J & J Contractors, Inc. for recording on the project OSHA 300 Log.

OSHA's Role:
  1. Provide initial review of J & J Contractors, Inc. Project Safety and Health Plan. Make recommendations where deficiencies or opportunities for improvement exist.


  2. Provide initial and continued review and evaluation of J & J Contractors, Inc. compliance with the partnership agreement.


  3. Provide feedback on incident trends and patterns as needed.


  4. Assist J & J Contractors, Inc. with ensuring that effective training is available and delivered, as needed. Participate in training as resources permit.


  5. Provide clarification of OSHA standards for J & J Contractors, Inc. and subcontractors. Provide input on compliance strategies.


  6. As resources permit, OSHA representatives will participate in non-enforcement worksite audits with J & J Contractors, Inc. representatives to provide recommendations and guidance.


  7. OSHA representatives will periodically attend site safety and health meetings.
     

VIII. EMPLOYEE AND EMPLOYER 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 the Act.


IX. TERM

This agreement will terminate at the conclusion of the work being performed at the Armed Forces Reserve Center located in Ayer, MA. However, if OSHA or J & J Contractors, Inc. wish to withdraw their participation prior to the established expiration date, the Partnership will be considered null and void upon receipt of a written notice of the intent to withdraw.


X. SIGNATORIES

Signed this 3rd day of March 2009.
 



 
Paul Mangiafico
Area Director
Methuen Area Office


 
Kamlesh Patel
President
J & J Contractors, Inc.



 
Mary Hoye
Area Director
Springfield Area


 
Phillip Bova
Safety Director
J & J Contractors, Inc.