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Partnership - An OSHA Cooperative Program

Occupational Safety and Health Administration        Whiting-Turner Contracting Company 

PARTNERSHIP AGREEMENT BETWEEN

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION

HARTFORD AREA OFFICE

AND

THE WHITING-TURNER CONTRACTING COMPANY
 
  1. PARTNERS
    The partners to this agreement are:
     
    • U.S. Department of Labor-OSHA - HAO
    • The Whiting-Turner Contracting Company
       
  2. PURPOSE AND SCOPE
    This strategic partnership agreement (Partnership) 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 construction of the Front Street District Project retail center located in Hartford, CT and achieve a high level of worker safety and health. This Partnership will involve the erection of a 70,000 square foot two story retail building and a four story pre-cast parking garage. The thirty million dollar Project is scheduled for completion on or about June 2010.
    In addition to The Whiting-Turner Contracting Company the opportunity for participation in this Partnership agreement will be extended to those subcontractors involved in the construction of the Front Street District Project (Project).
     
  3. GOALS/STRATEGIES & PERFORMANCE MEASURES
     
    Goals Strategies Performance Measures
    1) Developing a contractor/government Partnership that will encourage involvement of the general and sub-contractors in the improvement of safety and health performance The Whiting-Turner Contracting Company 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.
    2) Implementing innovative strategies to eliminate serious accidents, including the four primary construction hazards (falls, struck-by, caught in, and electrical);
         		 A. Provide weekly toolbox safety meetings

    B. Confirm that all employees have the mandatory 10 hour OSHA training courses.

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

    D. Perform Job hazard Analysis (JHA) of the tasks to be performed.     		i. After conducting hazard awareness training/JHAs
    compare the number of hazards identified during the daily, weekly and monthly audits.

    ii. Track all injuries and illnesses daily, including those which require only first aid.

    iii. Maintain a monthly tracking log of hazards found during the site audits and daily site walk through.
    3) 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. Reducing the number of injuries affecting The Whiting-Turner Contracting Company and 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 to 20% below the current national average for NAICS Code 2362, 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 2362 are 4.5 and 2.1 respectively.
       
    4. Zero incidents related to crane safety, including injuries to personnel.
  1. 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.
     
  2. OSPP BENEFITS

    The following are benefits for The Whiting-Turner Contracting Company and its subcontractors when and only when they are working at the Project:
     
    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 The Whiting-Turner Contracting Company as a participant in OSHA Strategic Partnership Program.
       
  3. VERIFICATION PROCEDURES
    In accordance to OSHA’s Clarification of Verification Exemption Policy for OSHA Strategic Partnership Program Construction Participants dated (June 1, 2006) The Whiting-Turner Contracting Company and all participant 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.
     
  4. OSP MANAGEMENT AND OPERATION
    A Partnership committee will be formed to manage the operation of this Partnership agreement. It will consist of The Whiting-Turner Contracting Company and subcontractor safety representatives and the OSHA Compliance Assistance Specialist. A Whiting-Turner safety representative will serve as the chairperson, the Site Safety Coordinator and as OSHA’s primary contact. The Whiting-Turner representative will meet quarterly with representatives of OSHA. The Whiting-Turner 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 Whiting-Turner safety representative will have the authority to ensure safety and health corrections and to shut down operations that pose an imminent danger risk.

    The Whiting-Turner Contracting Company Responsibilities:
     
    1. Pre-construction meetings – The Whiting-Turner Contracting Company 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 The Whiting-Turner Contracting Company Project superintendent, or the integration of The Whiting-Turner Contracting Company safety and health policies into their standard safety and health program.
       
    2. Weekly foremen’s meetings – The Whiting-Turner Contracting Company 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. The Whiting-Turner Contracting Company 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 The Whiting-Turner Contracting Company).
       
    4. Job Hazard Analysis – The Whiting-Turner Contracting Company shall conduct a comprehensive assessment of Project work to eliminate or reduce hazards to which employees are exposed.
       
    5. Project-specific Safety and Health Guidelines – The Whiting-Turner Contracting Company 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:
      • 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 – The Whiting-Turner Contracting Company shall conduct and document weekly safety and health audits to identify and correct conditional and behavioral deficiencies and to assess program performance.
       
    7. Training – The Whiting-Turner Contracting Company 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. The Whiting-Turner Contracting Company 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 – The Whiting-Turner Contracting Company shall maintain a Project OSHA 300 Log (or equivalent), per the requirements of 29 CFR 1904.
       
    9. The Whiting-Turner Contracting Company 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. The Whiting-Turner Contracting Company 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.
       
    Subcontractor Responsibilities:
     
    1. Project Specific Safety and Health Plan - All participant subcontractors shall provide a Project-specific safety and health plan, which meets or exceeds The Whiting-Turner Contracting Company Project Safety and Health Plan. The Whiting-Turner Contracting Company 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 The Whiting-Turner Contracting Company for corrective action. The findings will be reported to The Whiting-Turner Contracting Company, 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 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 The Whiting-Turner Contracting Company for recording on the Project OSHA 300 Log.
       
    OSHA’s Role:
     
    1. Provide initial review of The Whiting-Turner Contracting Company Project Safety and Health Plan. Make recommendations where deficiencies or opportunities for improvement exist.
       
    2. Provide initial and continued review and evaluation of The Whiting-Turner Contracting Company’s compliance with the Partnership.
       
    3. Provide feedback on incident trends and patterns as needed.
       
    4. Assist The Whiting-Turner Contracting Company with ensuring that effective training is available and delivered, as needed. Participate in training as resources permit.
       
    5. Provide clarification of OSHA standards for The Whiting-Turner Contracting Company and subcontractors. Provide input on compliance strategies.
       
    6. As resources permit, OSHA representatives will participate in non-enforcement worksite audits with The Whiting-Turner Contracting Company representatives to provide recommendations and guidance.
       
    7. OSHA representatives will periodically attend site safety and health meetings.
       
  5. 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.
     
  6. TERM
    This agreement will terminate at the conclusion of the work being performed at the Project located in Hartford, Ct. However, if OSHA or The Whiting-Turner Contracting Company 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.
     
  7. SIGNATORIES
    Signed this 16th day of April 2009



___________________________


___________________________
C. William Freeman
Area Director
Hartford Area Office 		Doug Walters
Director of Safety
The Whiting-Turner Contracting Company



___________________________ 		 
Mark P. Criscuolo
Superintendent
The Whiting-Turner Contracting
Company