1.2. It is anticipated that, at its peak, 6 contractors will employ more than 40 trades-people on this project. There are labor agreements between Tully Construction Co., Inc. and Labor Unions (through the General Contractors Association (GCA) that will govern construction work on the project.

1.3. To facilitate OSHA's goal of reducing occupational-related fatalities and serious injuries by 15% in the construction industry (as outlined in the agency's strategic plan), OSHA and Tully have agreed to the implementation of this safety and health partnership.

1.4. The partnership is to be conducted at the NYPA 500MW project, and will be required by this partnership agreement.

1.5. Expected outcomes of the partnership include:

1.5.1. Developing criteria for a model contractor safety and health management systems.

1.5.2. Making new safety and health materials available to all contractors.

1.5.3. Focusing OSHA enforcement activity on those contractors who have little or no regard for the safety and health of their employees.

1.5.4. Tully agrees to comply with all City, State and Federal regulations in regards to the handling, use and disposal of hazardous materials.

1.5.5. The goal of this partnership is to develop a contractor/government partnership that will encourage construction contractors to improve their safety and health performance while striving for the elimination of serious accidents in the construction industry, and to recognize those contractors with exemplary safety and health management systems.

1.6. This partnership is consistent with OSHA's long-range efforts to develop a contractor-government partnership approach to safety and health management. It allows for better use of OSHA resources and innovation in safety management and it encourages more participation in the safety process from the construction trade association's communities.

1.7. Therefore, OSHA and Tully (NYPA 500 MW Project) are entering into this partnership to foster a safer and healthier workplace for employees by having joint cooperation as prescribed within the terms and conditions set forth in this agreement. 

2.1. Reduce the number of injuries, illnesses, and fatalities affecting project employees.

2.2. Strive to reduce the number of serious injuries and illnesses by 5% per year, from the baseline year of 2002, for the participating contractors.

2.3. Foster a working relationship between OSHA and the project participants.

2.4. Heighten the awareness of all project employees in regard to construction safety and health issues.

2.5. Promote a cooperative relationship between management and labor to achieve a safe and healthful site.

2.6. Identify organizational safety and health problems that can be analyzed and abated.

2.7. Develop and provide training necessary to enhance management and worker safety and health awareness and deal with specific job-related hazards.

2.8. Develop, implement, and maintain effective comprehensive safety and health management systems in accordance with 29 CFR Part 1926, and other applicable OSHA interpretations & guidelines, ANSI Standards, and the OSHA multi-employer policy.

3.1. New York Power Authority, as the site owner and DMJM Harris, as the resident engineer, will reasonably cooperate with and support the partnership as the partnership endeavors to advance its objectives under this agreement. New York Power Authority and DMJM Harris have executed this agreement with this understanding which is acknowledged by the partners.

3.2. Tully will implement and effective safety and health plan in accordance with 29 CFR Part 1926, and other applicable OSHA interpretations & guidelines, and the OSHA multi-employer policy.

3.2.1. Tully will also implement any ANSI Standards that may apply.

3.3. Tully will ensure that all participating contractor's employees receive site-specific training on the hazards and regulation applicable to their work prior to said employees commencing work on-site and at least annually thereafter.

3.4. Tully will exercise the authority to enforce their safety and health management systems on their site area of responsibility and will take appropriate actions in accordance with contractual agreements to remove contractors from the job site for noncompliance with the site's safety and health plan.

3.5. Tully will exercise the authority to enforce their safety and health management systems on their site area of responsibility and will take appropriate actions in accordance with the site's safety and health plan.

3.6. Tully will collect and provide to OSHA from the participating contractors their Experience Modification Rates (EMR) and the OSHA 200/300 or its equivalent, with number of employee hours worked for the last three (3) years and for the duration of the project.

3.7. Tully will appoint a jobsite Safety Manager.

3.7.1. The Safety Manager, with assistance from the Tully staff, will oversee safety and health for their site area of responsibility and will have the authority to stop and correct all unsafe conditions and acts.

3.7.2. The Safety manager must have at least three years experience overseeing safety and health management systems on construction sites.

3.7.3. In addition, the Safety Manager will possess, by any combination of education, work experience and certification, demonstrated knowledge in occupational safety and health.

3.7.4. The Safety Manager will:

3.7.4.1. Conduct daily job site inspections.

3.7.4.2. Monitor and hold job site safety meetings at least weekly.

3.7.4.3. Monitor contractor conformance with the approved project safety and health guidelines and CFR 1926 and other applicable OSHA Standards, Regulations, etc.

3.7.4.4. Maintain copies of required OSHA logs of injuries and illnesses (OSHA 200/300 or equivalent) for all contractors at the site.

3.7.5. Tully agreed to exercise control over any recognized site safety and/or health hazard and to eliminate the potential for any occupational injury or illness in accordance with this partnership agreement. Furthermore, comprehensive inspections of the entire project will be completed, with employee involvement, as often as necessary, as but no less than once a month.

3.7.6. This partnership agreement fully endorses and recognizes that value of employee participation.

3.7.6.1. As an integral component of an effective safety and health management systems, the availability of employees to exercise their rights, which are guaranteed under the OSHA Act, will not be infringed.

3.7.6.2. Routine employee involvement in the worksite safety and health management systems will be assured, including employee participation in safety and health training and accident investigations.

3.7.6.3. Representatives of the Labor Union Organizations, most directly involved or affected by this partnership have been consulted and encouraged to provide input on an ongoing basis to help suggest improvements and further enhancements to this initiative.

3.8. Each participating contractor:

3.8.1. Will appoint an on-site safety representative to be the contractor's liaison to the job site Safety Manager and provide to Tully in writing the name of their Safety Representative. Safety Representatives must have the necessary experience to be acceptable for Tully Construction Co., Inc.

3.8.2. In addition, the Safety Representative will have the responsibility to address and resolve safety and health issues and hazards. The Safety Representative will:

3.8.2.1. Accompany the Safety Manager and/or Safety Engineer on job site inspections in their respective work areas; and

3.8.2.2. Attend the regular job site meetings.

3.8.3. Each participating contractor will submit a comprehensive safety and health management system for the Tully Construction Co., Inc.'s approval prior to commencing work on the site.

3.8.4. Each participating contractor will conduct daily self-inspections and records of those inspections will be maintained. The records will be available for review by OSHA representatives.

3.9. As a component of the labor agreements, Tully Management and the Labor Union Shop Stewards assigned to the site will participate in the "Tully NYPA 500 MW Committee" representing labor management safety concerns for the project.

3.9.1. Additional "Tully NYPA 500 MW Project Safety Committee" responsibilities will include:

3.9.1.1. Be responsible for coordination of the response to all safety and health complaints.

3.9.1.2. Work with the Safety Manager to resolve these complaints.

3.9.1.3. Select a shop steward to be Safety Committee Co-Chairperson (Labor Safety Liaison) in conjunction with the facilitation of the weekly toolbox safety meetings, the monthly safety committee meetings and other committee safety action items to support employee safety at the NYPA 500 MW Project.

3.10. Tully Construction Co., Inc. represents that the General Contractor's Association (GCA) has Agreements between:

3.10.1. Members of the GCA of NY & Building, Concrete, Excavating, and Common Laborers Union Local 731 of Greater NY, LI and Facility of the Laborers International Union of North Americas, AFL-CIO (expires 6/30/06)

3.10.2. Members of the GCA of NY & the District Council of Carpenters of NYC and Vicinity, AFL-CIO of Timbermen's Local 1536 (expires 6/30/06)

3.10.3. Members of the GCA of NY & the District Council of Carpenters of NYC and Vicinity, AFI-CIO for Dockbuilders Local Union 1456 (expires 6/30/06)

3.10.4. Members of the GCA of NY & the District Council of Carpenters of NYC and Vicinity, AFI-CIO (expires 6/30/06)

3.10.5. Members of the GCA of NY & The International Union of Operating Engineers Local 14 AFL-CIO (expires 6/30/06)

3.10.6. Members of the GCA of NY & The International Union of Operating (Maintenance) Engineers Local 15 AFL-CIO (expires 6/30/06)

3.11. Tully Construction Co., Inc. represents that the Mechanical Contractor's Association (MCA) has Agreements between:

3.11.1. Members of the MCA of NY & the Plumbers Union Local1, AFL-CIO (expiration 6/30/06)

3.11.2. Members of the MCA of NY & The Millwrights Union Local 740, AFL-CIO (expiration 6/30/06)

3.11.3. Members of the MCA of NY & The Steamfitters Union Local 638, United Association, AFL-CIO (expiration 6/30/06)

3.11.4. Members of the MCA of NY & The Boilermakers Union Local5 AFL-CIO (expiration 6/30/06)

3.12. Tully Construction Co., Inc. represents that the Building Trades Association (BTA) has Agreements between:

3.12.1. Members of the GCA of NY & The Steelworkers Union Local 361, AFL-CIO (Subcontractor affiliation 6/1/05)

3.12.2. Members of the GCA of NY & The Steelworkers Union Local 580, AFL-CIO (Subcontractor affiliation 6/1/05)

3.12.3. Member of the GCA of NY & The Electrical Workers Union Local 3, AFL-CIO, (Subcontractor affiliation 6/1/04)

3.13. The New York State Department of Labor On-Site Consultation Program will provide services to the eligible site contractors.

3.14. Occupational Safety and Health Administration will provide timely responses to requests for information and requests for clarification of OSHA's standards.

3.15. Respond in a timely fashion to requests for information and clarification as to the meaning and application of OSHA's standards and policies.

3.16. Provide offsite technical assistance from the Long Island AO and Regional Office upon request, if resources are available at the time of the request.

4.1. After the successful completion of a verification inspection, Tully Construction Co., Inc. will qualify for annual focused inspections.

4.2. Make maximum use of inquiry letters an phone & fax procedures for minor investigations and to consider maximum penalty reductions based on the agency's policies of good-faith reductions for effective safety and health management systems.

4.3. Provide public recognition of Tully's efforts to reduce workplace hazards and injuries. A news release will be issued after the signing.

4.4. The partnership will provide incentives for participating contractors who voluntarily improve their safety and health performance. Incentives will include special recognition from OSHA (limited scope inspections and reductions in penalties), opportunities for reduced insurance premiums, and recognition for organizations forming the partnership.

4.5. This partnership provides for the immediate response to each allegation of a safety or health hazard brought to the attention of any participating contractor. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard.

4.6. Tully and any participating contractors recognize that OSHA will fully investigate formal complaints and imminent danger hazardous conditions...These investigations will be conducted outside of this partnership agreement in accordance with normal enforcement practices and may include the issuance of citations and penalties. Formal complaints and imminent danger conditions will be investigated.

5.1. The New York State Department of Labor's On-Site Consultation Program will provide resources, as necessary and available, to support the priority training and technical assistance needs for the participants of this partnership. Such assistance, which is provided only at the request of the employer, may be in the form of onsite or off-site safety and/or health consultations. All consultation findings will be kept confidential, so long as employer agrees to correct any serious hazards that may be identified. There are no costs to the employer for the assistance provide by the On-site Consultation Program under this agreement.

6.1. OSHA agrees that a copy of each non-formal complaint related to the work at the site and filed with OSHA will be forwarded by fax to the Tully site office, the appropriate contractor, and the NYPA 500MW Project Safety Committee Chairpersons.

6.1.1. They will conduct and investigation as soon as possible.

6.1.2. A written response outlining the findings and any corrective action will be faxed to OSHA within one working day.

6.2. Failure to meet these time frames will place the complaint/referral outside the scope of this partnership and OSHA will respond as it would to any complaint/referral of a similar nature.

6.3. Tully and any participating contractors agree not to discriminate against any employee who engages in activities such as complaint filing that is protected by Section 11 of the OSHA Act as well as other "Whistleblower" Statutes.

7.1 Participating contractors recognize that OSHA will fully investigate accidents involving death or serious physical harm.

7.2. These investigations will be conducted outside of this partnership agreement in accordance with normal enforcement practices.

7.3. Violations resulting from this type inspection/investigation may result in the issuance of citations and penalties.

8.1. Participating contractors shall receive a deferral from programmed inspections where a verification inspection has been successfully completed in the past 12 months.

8.2. In order to quality for participation in this partnership, a verification inspection will be conducted within 3 months of the signing of this agreement, and annually thereafter.

8.3. This verification inspection will determine contractor compliance with the terms of this agreement and include a comprehensive review of each onsite contractor's safety and health plan.

8.4. The verification inspection will also, at a minimum, evaluate fall, electrical, 'struck by' and 'caught in/between') and any other hazards, which have been previously identified.

8.5. Other than violations under 29 CFR 1903 and 1904, no penalties will be assessed for non-serious violations provided they are abated the same day as the inspection.

8.6. Prompt abatement of serious violations may lead to a consideration of the maximum good faith reduction under the FIRM.

8.7. If any site contractor does not meet the aforementioned criteria, the inspection of their work shall proceed in accordance with traditional OSHA guideline for comprehensive inspections.

9.1. This partnership does not preclude employees and/or employers from exercising any right provided under the OSHA 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.

10.1 During any OSHA inspection, if non-participating contractors are found at the site, the inspection of their work shall proceed in accordance with traditional OSHA guidelines for comprehensive inspections.

11.1. At the end of each project phase, but at least annually, Tully, in concert with the NYPA 500 MW Project Safety Committee will compile a report that measures the successes and failures of the program. The Strategic Partnership Annual Evaluation Form will be used.

11.2. Factors to be considered are the following:

11.2.1. Comparison to prior similar projects (Tully's Projects) in terms of size and number of employees.

11.2.2. Number of recordable injuries and illnesses (incidence rates) per participating contractor for this project compare to the contractor's overall incidence rates and compared with BLS published data.

11.2.3. Number of lost time accidents compared to the industry average Lost Workday Injury and Illness (LDWDII) for each participating contractor.

11.2.4. Each participating contractor's Experience Modification Rate (EMR) for the duration of the project compare to their previous EMR.

11.2.5. The amount of resources and time OSHA spends on-site.

11.2.6. Number of safety and health management systems developed for the Safety and Health management system.

11.2.7. The number of contractor personnel trained at this jobsite.

11.2.8. The number of self-inspections conducted and number of safety deficiencies reported and abated.

12.1. The signatories of their designated representatives will meet at least quarterly to review program status and progress. OSHA will participate in Safety Committee meetings when requested by Tully Construction Co., Inc.

13.1. The partnership may be terminated if there is any work-related fatality at this project. In addition, any signatory may cancel their involvement (without prejudice) in the Partnership Agreement by giving a 30-day written notice to other job completion participants.

13.2. This agreement will expire when Tully Construcion Co., Inc. construction activities are completed. Should either OSHA or Tully choose to withdraw prior to that date, thirty (30) days written notice will be given, and the partnership will terminate. Either party may also propose modification or amendment of the agreement.