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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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| OSHA Strategic Partnerships Program > Region 2 > #455 Partnership Agreement | ||||||||||||||||||||||||||||||||||||||||||||||
 Printing Instructions |
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Comprehensive Safety and Health Partnering Agreement Between Skanska USA Building Inc. United States Department of Labor Occupational Safety & Health Administration Region 2 – Syracuse Area Office And Carpenters Local 281, Electricians Local 241, Elevator Constructors Local 62, Laborers Local 589, Masons Local 3 NY, Heat/Frost & Insulator & Asbestos Workers Local 30, Operating Engineers Local 545, Painters Local 178, Plumbers Local 267, Sheet Metal Workers Local 112, Sprinkler Fitters District 34 Local 669, Iron Workers Local 60, Roofers Local 203, and Glaziers Local 677  |
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1.0 Background In an effort to eliminate serious hazards and achieve a high level of worker safety and health for employees engaged in the construction of the Life Sciences Technology Building at Cornell University in Ithaca, NY Skanska USA Building Inc (hereafter referred to as “Skanska”) and the above named groups have developed a comprehensive partnering agreement. Participants include project stakeholders from government, industry employers, and labor. This partnering agreement will facilitate the process of: identifying project health and safety performance goals; developing plans for achieving those goals; cooperation in hazard control implementation; measuring and establishing a vehicle to communicate the successes; and ultimately learning from the process. Beyond the confines of this project, it is projected that this partnership agreement will foster a sustainable working relationship between OSHA, Skanska USA, and the (signatory construction trade unions). This partnering agreement shall be limited to Skanska, OSHA Syracuse Area Office, the NYS Department of Labor Consultation Program, and the signatory construction trade unions for work at this projects that have agreed to participate. It is anticipated that at the peak of this project, Skanska and its 20 subcontractors will employ over 1500 trades employees. 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, it allows for innovation in safety and health management, and it encourages more participation in the safety and health process from the construction/trade association communities. 2.0 Project History Skanska USA Building Inc. is a construction company headquartered in. Parsippany, NJ, with a workforce of approximately 4,100 employees. Skanska’s Boston office will be responsible for managing all aspects of this project. Skanska is the construction manager responsible for the construction of the Life Sciences Technology Building at Cornell University in Ithaca, NY. The approximately $100 million project has a tentative 32 month duration and entails the construction of a 5 story, 280,000 square foot life science building, constructed on an existing soccer field, a literal “green field” site. The structure will be cast in place concrete, with a small steel penthouse on the roof, and a façade curtain wall comprised of aluminum, glass, and pre-cast elements. The building construction will be preceded by a mass excavation phase, where the building foundation will be between approximately 10 – 20 feet below grade. There are also tentative plans to construct a tunnel approximately 500 feet in length to connect the new with an existing building. The Project will start the summer of 2005 and is scheduled to be completed in December of 2007. 3.0 Partnership Goals and Strategies
4.1.1 Monthly Meetings -Skanska shall hold a monthly project safety and health meeting to discuss program status and participant/subcontractor performance. OSHA is welcome to attend these meetings. 4.1.2 Qualified Safety and Health Representatives -Skanska shall assign a qualified safety and health representative to administer its safety and health program. 4.1.3 Risk Assessment -Skanska shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Project Operations Plan. 4.1.4 Project-specific Safety and Health Plan Guidelines -Skanska shall prepare a project-specific safety and health plan. This plan shall incorporate the following minimum elements: 4.1.6 Training -Skanska shall help provide safety and health training resources for all project participants as needed. Another objective of this training will be to familiarize all employees with the Safety Management System. This will include the methods and contacts employees can use to address safety and health concerns. Employees should be encouraged at the time of this training, and during other safety and health – related training, to utilize this reporting system as an alternative to filing a complaint with OSHA. Skanska shall provide on-going safety and health training to workers that will address new projects, tasks, or processes. All workers on this project will be required to successfully complete a 10-hour construction safety course. Skanska will be responsible for ensuring that these training requirements are met for their own employees as well as overseeing that project contractors’ employees have received the requisite training pursuant Paragraph 4.2.6 of the Agreement. 4.1.7 Incident Record Keeping Database –Skanska shall maintain a project OSHA-300 Log (or equivalent database) for work at the projects. The Log shall be maintained in accordance with 1904.19. 4.1.8 Safety and Health Incentive Program -Skanska will implement a health and safety incentive program to assist in fostering a safe work environment. Individual employees will be rewarded with incentives for excellence in safety and health.
4.2.2 New Hire Safety Orientation - All contractors shall provide new hire employees with project-specific safety and health information and instructions prior to starting work. 4.2.3 Task-specific Weekly Toolbox Instructions - All contractors shall provide workers with instructions on integration of safety and health requirements with current work tasks for the week. All Contractors shall allow an OSHA representative to attend any of these meetings, when requested by OSHA. 4.2.4 Qualified Safety and Health Representatives - All contractors shall assign a qualified safety and health representative to administer their program. 4.2.5 Weekly Safety and Health Inspections - All contractors shall conduct weekly inspections of their portion of the jobsite to assess compliance with all project safety and health requirements and OSHA standards. No outstanding non-compliance issues shall be allowed to carry over into the subsequent week's inspections. 4.2.6 Safety and Health Training - All contractors shall provide on-going safety and health training to workers, that will address new projects, tasks, or processes. All workers on this project will be required to successfully complete a 10-hour construction safety and health course within 2 months of their start work date. 4.2.7 Record Keeping/ Documentation - All contractors shall maintain documentation of all safety and health activities described herein and provide copies to Skanska. Documentation of near misses, and the correction of hazardous conditions that were noticed due to the heightened safety and health awareness that this partnership creates, shall be completed by Skanska at least quarterly.
4.3.2 Incident Trend Analysis - Provide feedback on incident trends and patterns as needed. 4.3.3. Access to Training Resources - Assist in securing cost-effective training resources for partnership agreement participants. 4.3.4. Interpretation of OSHA Standards - Clarify the intent of OSHA standards and resolve conflicts of interpretation with assistance from the Office of Construction Standards and OSHA Compliance Assistance. 4.3.5. Compliance strategies - Provide input on compliance strategies as proposed by program participants. 4.3.6 Employer Incentives – Extend as appropriate special recognition to partnership agreement employers that voluntarily improve their safety and health performance. 4.3.7 Attendance at Safety and Health Meetings - OSHA representatives will periodically attend site safety and health meetings.
4.5.2. Safe Work on Demand - Refuse any work assignment that violates the project EH&S requirements. 4.5.3. Monthly EH&S Meetings - Attend and participate in monthly meetings that are held by Skanska USA. Provide input on EH&S as related to specific trade/skill areas of expertise. 4.5.4. Partnership Representation - Designate representative(s) to provide input in all partnership agreement initiatives.
5.2 Skanska will collect documentation from contractors in order to ensure procedural performance of project requirements. 5.3 At the end of each quarter, Skanska will compile and submit to OSHA a report that evaluates the partnership agreement's achievements and identify areas for continued improvement. Near misses are an integral part of the accident prevention program and will be evaluated by the safety and health team. 5.4 At the end of this Partnership, OSHA and Skanska shall conduct a final review of the partnership through an inspection of the project similar to the inspection outlined in paragraph 5.3 above.
8.1.2 Programmed Inspections – OSHA will not conduct a Programmed Inspection of a partnering employer if OSHA has conducted a Verification Inspection, as described in Section 8.0 of this Partnership Agreement, within the twelve month period preceding the initiation of such an inspection. Should a Programmed Inspection, such as a National Emphasis Program (NEP) or a Local Emphasis Program (LEP), result in the initiation of a Programmed Inspection of Skanska and the employers engaged in this partnership, the inspection will focus on: 8.1.3 Unprogrammed Inspections -Skanska and the employers engaged in this partnership recognize and accept that OSHA will fully investigate incidents involving employee deaths or the hospitalization of three or more employees, reports of imminent danger conditions, formal complaints and referrals. These inspections will be conducted outside the partnership in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. 8.1.4 Complaint/Referral Investigations – OSHA agrees that a copy of each non-formal complaint/referral related to the work at the Project and filed with OSHA will be forwarded by fax, or by other means, to Skanska’s project office. The name of the complainant will not be revealed. Skanska agrees to promptly investigate complaints, regardless of the employer involved, and provide OSHA with a written response within two days for non-formal complaints/referrals alleging a serious hazard, and within three days when an other-than-serious hazard is alleged. Failure to meet these timeframes will place the complaint/referral outside the scope of this Partnership and OSHA will respond as it would to any complaint of a similar nature. 8.1.5 On-site Verification - In order to qualify for partnership, OSHA will conduct a verification inspection of the project pursuant to section 8, within 30 days of the signing of this agreement and every 6 months thereafter to reflect those new contractors who have arrived on site following previous verification inspections. This verification will determine Skanska and contractor compliance with the terms of this agreement. It will also include a comprehensive review of each onsite subcontractor’s Safety and Health program for its effectiveness in eliminating the four major construction hazards (falls, electrical, caught in/between and struck-by hazards), hazards associated with work zone safety for roadway projects and a comprehensive review of the silicosis prevention program to ensure elimination of silica-related hazards. Serious hazards related to the hazards outlined above may result in the issuance of citations and penalties. Subcontractors who are determined, either by Skanska or OSHA, to be outside the aforementioned criteria for inclusion in this partnership agreement will be subject to traditional OSHA inspections and enforcement actions. 8.1.6 Follow-up Inspections - If OSHA issues citations for serious hazards on any inspection conducted at this project during the tenure of this Partnership, OSHA may conduct a follow-up inspection to verify abatement. This agreement will terminate on December 30, 2007 which is 2½ years from the date of the signing. If any signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other signatories. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any signatory party may also propose modification or amendment of the agreement. For non-signatory participants of the strategic partnership, OSHA may terminate the participant’s involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with a written withdraw to OSHA. 10.0 Signatures
Appendix A to Skanska Partnership (a guide to the performance of this partnership) Goals, Strategies and Measurements Goal # 1: Eliminate serious accidents, including four primary construction hazards (Falls, Electrocution, Struck By, and Caught In). Strategy: Reduce the number of conditions that have potential to result in worker injury by:
Goal # 2: Zero Fatalities Strategy: Skanska and all partners will strive through education and evaluation to make this a zero fatality worksite. Measurement: At the end of each quarter, Skanska will compile and submit to OSHA a report that evaluates the partnerships agreement’s achievements and identify areas for continued improvement. Near misses are an integral part of the accident prevention program and will be evaluated by the safety and health team. Goal # 3: Zero accidents and employees exposures involving trenches and excavations without adequate collapse protection. Strategy: Provide a competent person to inspect and control all excavations at the work site. Measurement: Zero collapse of excavations at the work site with employee exposure. Goal # 4: No employees exposed to silica above OSHA’s General Industry Permissible Exposure Limit (PEL) without utilization of feasible engineering controls, administrative controls, and work practice controls and/or adequate respiratory protection. Strategy: Examine all work areas and projects to determine the potential for silica exposure and implement feasible engineering, administrative, and work practice controls. Where warranted provide respiratory protection following OSHA’s standards for respiratory protection. Measurement: Provide a comprehensive silicosis prevention program for this work site. Goal # 5: Eliminate Hazards involved with underground construction. Strategy: Provide training for 100% of all personal involved in the tunnel portion of this work site project. Insure that controls are in place to limit access to the underground construction, eliminate water accumulation, appropriate ventilation (including air monitoring), 100% positive communications, Fire prevention practices and emergency procedures are in place. Measurement: Provide a comprehensive underground construction safety and health plan. |
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