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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 > #536 Partnership Agreement | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Comprehensive Safety and Health Partnering Agreement Between Barr and Barr, Inc. Maxim Construction Services, AJAY Glass Company, Woodcock & Armani Mechanical, H.J. Brandeles, Rich & Gardner Construction Co., Northland Associates, Inc., Island International Industries, SRI Fire Sprinkler Corporation, J&K Plumbing & Heating Co.,Inc., Syracuse Merit Electric, Inc., Fast Trek Steel, Inc., and Canatal Industries and United States Department of Labor Occupational Safety & Health Administration Region 2 – Syracuse Area Office   |
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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 Syracuse University in Syracuse, NY Barr & Barr, Inc., 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, Barr & Barr, Inc., and the (signatory construction trade companies). This partnering agreement shall be limited to OSHA Syracuse Area Office, Barr & Barr and their workforce of subcontractors. It is anticipated that at the peak of this project, Barr & Barr, Inc., .and its subcontractors will employ over 200 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 Barr & Barr, Inc. is a construction management company headquartered in New York with a workforce of approximately 250 employees. Barr & Barr’s Framingham, Ma. office will be responsible for managing all aspects of this project. Barr & Barr, Inc., is the construction manager responsible for the construction of the Life Sciences Technology Building at Syracuse University in Syracuse, NY. The approximately $80 million project has a tentative 29 month duration and entails the construction of a 5 story, 225,000 square foot life science building, constructed on an existing parking lot. The structure will be structural steel frame with a mechanical penthouse, and roof top Greenhouse. The façade will consist of curtain wall, punched windows, zinc metal panels and a terra cotta rain screen system. The building construction will be preceded by a mass excavation phase, where the building foundation will be between approximately 10 – 20 feet below grade. The Project will start the summer of 2006 and is scheduled to be completed in July of 2008. 3.0 Partnership Goals and Strategies
4.1.1 Monthly Meetings - Barr & Barr, Inc., shall hold a monthly principles 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 - Barr & Barr, Inc., shall assign a qualified safety and health representative to administer its safety and health program. 4.1.3 Risk Assessment - Barr & Barr, Inc., shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Site Specific Safety Plan. 4.1.4 Project-specific Safety and Health Plan Guidelines - Barr & Barr, Inc., shall prepare a project-specific safety and health plan. This plan shall incorporate the following minimum elements: 4.1.6 Training - Barr & Barr, Inc., 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. Barr & Barr, Inc., 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. Barr & Barr, Inc., 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 – Barr & Barr, Inc., 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 - Barr & Barr, Inc., 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 sub 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 sub contractors shall provide workers with instructions on 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. 4.2.4 Qualified Safety and Health Representatives - All sub contractors shall assign a qualified safety and health representative to administer their program. 4.2.5 Weekly Safety and Health Inspections - All sub 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 sub 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 as soon as feasible from their start work date. 4.2.7 Record Keeping/ Documentation - All sub contractors shall maintain documentation of all safety and health activities described herein and provide copies to Barr & Barr Inc. 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 Barr & Barr, Inc., 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 Barr & Barr, Inc.. 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 Barr & Barr, Inc. will collect documentation from contractors in order to ensure procedural performance of project requirements. 5.3 At the end of each quarter, Barr & Barr, Inc., 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 Barr & Barr, Inc. shall conduct a final review of the partnership through an inspection of the project similar to the inspection outlined in paragraph 5.3 above.
8.2 Programmed Inspections – OSHA will not conduct a Programmed Inspection of a partnering subcontractor if OSHA has conducted a Verification Inspection, as described in Section 8.1.5 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 Barr & Barr, Inc., and the employers engaged in this partnership, the inspection will focus on: 8.3 Unprogrammed Inspections - Barr & Barr, Inc., 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. 8.4 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 Barr & Barr’s project office. The name of the complainant will not be revealed. Barr & Barr, Inc. agrees to promptly investigate complaints, regardless of the employer involved, and provide OSHA with a written response within three 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. 8.5 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 Barr & Barr, Inc., 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), and a comprehensive review of the silicosis prevention program to ensure elimination of silica-related hazards. Serious hazards may result in the issuance of citations and penalties. Subcontractors who are determined, either by Barr & Barr, Inc., or OSHA, to be outside the aforementioned criteria for inclusion in this partnership agreement will be subject to traditional OSHA inspections and enforcement actions. 8.6 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 July 01, 2008 which is 2 years from the date of the signing or may be extended dependant on the actual completion of the project. 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 Barr & Barr, Inc., 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: Barr & Barr, Inc., and all partners will strive through education and evaluation to make this a zero fatality worksite. Measurement: At the end of each quarter, Barr & Barr, Inc., 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. |
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