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Partnership - An OSHA Cooperative Program

Occupational Safety and Health Administration Barr & Barr, Inc. Buliders

PARTNERSHIP AGREEMENT

BETWEEN THE

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
BOSTON SOUTH AREA OFFICE

AND

MASSACHUSETTS DIVISION OF OCCUPATIONAL SAFETY
ONSITE CONSULTATION PROGRAM

AND

BARR & BARR, INC.

  1. PARTNERS

    The partners to this agreement are:
     
    • U.S. Department of Labor - OSHA, BSAO
    • Barr & Barr, Inc.
    • Massachusetts Division of Occupational Safety (MDOS)
       
  2. PURPOSE AND SCOPE

    Barr & Barr, Inc., the United States Department of Labor, Occupational Safety and Health Administration (OSHA), Braintree Area Office (BSAO) and the Massachusetts Division of Occupational Safety (MDOS) mutually recognize the importance of ensuring a safe and healthful work environment in the construction industry in the State of Massachusetts. To advance this mutual goal, the Partnership between Barr & Barr, Inc., the BSAO and MDOS 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, which has been developed for Barr & Barr, Inc. is for the Marshall Conant Science Building Modernization and Expansion Project on the campus of Bridgewater State College in Bridgewater, MA ("the Project"). Although the Partnership will be limited to Barr & Barr, Inc., Barr & Barr, Inc. will request subcontractors to participate in achieving the goals set forth in the Partnership at the time they start working on the site. The Partnership will provide benefits to Barr & Barr, Inc. and the subcontractors, which include, among others, special recognition from OSHA and priority in compliance assistance programs.

    The Project consists of the construction of 220,000 square feet of new and renovated science teaching and laboratory space. It is a multi-phase project that begins in June of 2009 with demolition and infrastructure (new access road, utility installation and relocation) work. The second phase will begin in September of 2009 and includes the construction of a new 150,000 square foot building comprised of teaching and laboratory space, a new greenhouse, and upgrades to the existing power plant. Phase 3 begins in August of 2011 and includes interior demolition of the existing East Wing. The final phase, starting in March of 2012, is the construction of a new 22,000 square foot South Wing and renovation of the existing West Wing.

    The expected completion date for the $ 82 million dollar project is March of 2013.

     
  3. GOALS/STRATEGIES & PERFORMANCE MEASURES
     
    GOALS STRATEGIES 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 a. Barr & Barr, Inc. will require all the sub- contractors to develop and implement written safety and health programs.

    b. Require all sub-contractors onsite to work toward implementing a "zero tolerance" safety practice in order to help achieve the desired reduction of worksite incidents.    		 i. Verify by reviewing the number of subcontractors that implemented written safety and health programs and recognize those with exemplary programs.

    ii. Conduct a periodic review of the subcontractors injury/illness statistics for the Project.
    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. Provide construction site supervisors and foremen (including supervisors and foremen of the subcontractors) and all Barr & Barr on site employees with the OSHA's 10-hour Construction Safety Course to enable them to recognize work hazards and have the authority to take prompt action. In addition, Barr & Barr, Inc. will provide the OSHA 30- hour for Barr & Barr and subcontractor site supervisors.

    c. Implement and enforce an ongoing safety site audit program which will include a daily site walk through by a competent person,

    d. Review subcontractor Job Hazard Analyses (JHA) with the subcontractors of the high hazard tasks to be performed.

    e. Compile a summary of the number of inspections made by Barr & Barr, Inc. 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.    		 i. After conducting hazard awareness training/JHAs, compare the number of hazards identified during the daily, weekly and monthly audits and track the following:
    a. The hazards found during the walk through inspections.

    b. All injuries and illnesses daily to include first aid type.

    c. Number and types of training conducted.

    d. Number of employees and subcontractors trained.

    e. Number of subcontractor employees that received Barr & Barr, Inc. specific safety orientation.

    f. Reports of all toolbox talks and safety discussions at weekly. foremen's meetings.
    3. Identifying opportunities for enhancing safety and health practices related to the operation and maintenance of material handling equipment involved in the project. a. Facilitate ongoing training on the safe operations of material handling equipment to all employees involved in the operation. i. Document the number of employees that have been trained and licensed on the material handling equipment.
    4. Reduce workforce fatalities, serious injuries and illnesses and provide a safe work environment for employees at the Project. a. Barr & Barr, Inc. 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. Barr & Barr, Inc. incident/accident monthly tracking log.
     
    5. Ensure, where feasible all serious hazards are eliminated or controlled through controls, safe processes and/or procedures, and PPE. a. Confirm health-related issues arising during the course of the construction work are adequately addressed by Barr & Barr, Inc. and its subcontractors. All health-related issues will be discussed monthly during the partnership meetings.

    b. Barr & Barr will provide hearing conservation training to all employees of Barr & Barr and its subcontractors.

    c. An effective environmental monitoring program will be implemented to control airborne hazards, such as silica and hexavavalent chromium and will include personal monitoring, employee training, implementation of engineering controls where feasible, and the use of respiratory and dermal protection when necessary.    		 i. The number of employees trained on arc electrical safe work practices as they relate to this project.

    ii. The number of tool box talks regarding conditions on the worksite for the duration of the project will be tracked.

    iii. Ensure that all subcontractors conduct safety meetings to inform workers of all serious hazards and the controls, procedures, safe processes and/or PPE necessary to protect against them.

    iv. Ensure that all subcontractors are in compliance with electrical safe work practices procedures when working on live electrical equipment, including training of affected employees and the availability and use of personal protective equipment.

    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.
       
    2. Reducing the number of injuries affecting participant contractors, emphasizing those resulting from the four primary construction hazards. 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. ANNUAL EVALUATION

    The partners will prepare a joint annual evaluation of the Partnership. 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.

     
  5. OSP BENEFITS

    The following are benefits for the Barr & Barr, Inc. 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 Barr & Barr, Inc., as a participant in OSHA Strategic Partnership Program.

       
  6. VERIFICATION PROCEDURES


    In accordance with OSHA's Clarification of Verification Exemption Policy for OSHA Strategic Partnership Program Construction Participants dated (June 1, 2006) Barr & Barr Inc. and all construction subcontractors will receive annual verification inspections that coincide with the four planned Phases of Construction work. Barr & Barr Inc. management will notify the Boston-South OSHA Office when each Phase of the work operations is scheduled to begin.

    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. Additional verification inspections will be conducted within 90 days of initiation of each Phase of construction of the buildings and demolition work. Citations and penalties may be issued, when appropriate, as a result of these inspections. During this period Barr & Barr, Inc. should develop and implement the safety and health management systems required under this agreement.

     
  7. OSP MANAGEMENT AND OPERATION

    A Partnership Management Team (PMT) with members from Barr & Barr, Inc., OSHA and the MDOS 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 quarterly to evaluate the effectiveness of the Partnership Agreement. Barr & Barr, Inc. and BSAO are responsible for collecting baseline and annual performance data upon which the OSPP will be measured. Barr & Barr, Inc. 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.


    Barr & Barr, Inc. will establish the following:
     
    1. Weekly foremen's meetings – Barr & Barr, 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. Meeting with representatives of all active subcontractors to discuss participant performance and progress toward partnership goals. OSHA representatives are welcome to attend these meetings.
       
    2. Barr & Barr, 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 Barr & Barr, Inc.).
       
    3. Job Hazard Analysis – Barr & Barr, Inc. shall conduct a comprehensive assessment of project work and require its subcontractors to develop JHAs to eliminate or reduce hazards to which their employees are potentially exposed.
       
    4. Project-specific Safety and Health Guidelines – Barr & Barr, Inc. shall develop a project-specific safety and health plan to be used as a benchmark for contractor 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 prior to use
      • All cranes will have a current annual inspection conducted by a third party acceptable to Barr & Barr
      • Use of appropriate personal protective equipment, including the use of ANSI-approved safety glasses at all times
      • Site-specific safety and health training
      • Weekly worksite audits of areas where employees are working
      • Employee involvement
      • Management commitment
         
    5. Recordkeeping – Barr & Barr, Inc. shall maintain a project OSHA 300 Log (or equivalent), per the requirements of 29 CFR 1904.
    Subcontractors:
     
    1. 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.
       
    2. 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. Deficiencies will be documented and corrected or reported to Barr & Barr, Inc. for corrective action.
       
    3. Recordkeeping – All subcontractors shall record workplace injuries and illnesses as required by 29 CFR 1904 and shall report recordable incidents to Barr & Barr, Inc. for recording on the project OSHA 300 Log.
       
    4. Job Hazard Analysis – All subcontractors shall conduct a JHA for each high hazard task to be performed, and review the appropriate JHA with affected employees at regular intervals.
    OSHA's Role:
     
    1. Provide initial review of Barr & Barr, Inc., Project Safety and Health Plan. Make recommendations where deficiencies or opportunities for improvement exist.
       
    2. Provide initial and continued review and evaluation of Barr & Barr, Inc. compliance with the Partnership Agreement.
       
    3. Provide feedback on incident trends and patterns as needed.
       
    4. Assist Barr & Barr, 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 Barr & Barr, Inc. and subcontractors. Provide input on compliance strategies.
       
    6. OSHA representatives will periodically attend site safety and health meetings.
       
    MDOS Role:
     
    1. Assist with onsite training.
       
    2. Provide Industrial Hygiene technical support where resources allow
       
    3. Attend monthly Partnership meetings and assist with planning for up coming activities.

       
  8. 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.

     
  9. TERMS OF OSP

    This agreement will terminate at the conclusion of the work being performed at the Project. However, if OSHA or Barr & Barr, Inc. wishes 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.

     
  10. SIGNATORIES


    Signed this Fourth day of June 2009



 
Brenda Gordon
Area Director
Braintree Area Office


 
Donald Barr
President
Barr & Barr, Inc.



 
Laura M. Marlin
Commissioner
Division of Occupational Safety


 
Domenic Tiberi
Senior Vice President
Barr & Barr, Inc.



 
Joseph Berry
Project Manager
Barr & Barr, Inc.


 
Lea Ann O'Neill
Project Manager
Barr & Barr, Inc.



 
William McNally
Superintendant
Barr & Barr, Inc.


 
Keith Lavery
Superintendant
Barr & Barr, Inc.



 
James V. Manoli, CSP
Safety Directory
Barr & Barr, Inc.


 
Angelo Tempesta, Jr.
MEP Manager
Barr & Barr, Inc


Appendix A to the Partnering Agreement

The following Barr & Barr, Inc. subcontractors agree to support and abide by the terms and conditions of the Partnership Agreement. Any party signatory to this Agreement may terminate its involvement by proving Barr & Barr, Inc. written notice of its intent to withdraw.

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