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OSHA Strategic Partnerships Program >
Region II > #546 Partnership Agreement |
 Printing Instructions
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COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
TARRYTOWN AREA OFFICE,
THE NEW YORK STATE DEPARTMENT OF LABOR
DIVISION OF SAFETY AND HEALTH
ON-SITE CONSULTATION PROGRAM,
THE BUILDING AND CONSTRUCTION TRADES COUNCIL,
THE BUILDING TRADES EMPLOYERS ASSOCIATION,
and the
TURNER CONSTRUCTION COMPANY’S
NEW YORK YANKEE STADIUM PROJECT
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Paperwork Reduction Act Notice Form Approved: OMB# 1218-0244 Expires 01-31-2009
Public reporting burden for the time needed to develop the Partnership requirements, craft agreement
language,
and conduct an internal review process is estimated to be an average of 11 burden hours per
respondent. |
Table of Contents
Section 1.0 Background
Section 2.0 Definitions
Section 3.0 Project History
Section 4.0 Partnership Goals and
Objectives
Section 5.0 Performance Criteria
Section 6.0 Measurement
and Evaluation of Performance
Section 7.0 Communication of Results
Section 8.0 Employee
Involvement and Employee Rights
Section 9.0 OSHA Inspections
Section 10.0 Incentives
Section 11.0 Termination of
Partnership
Section 12.0 Signatures
1.0 Background
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on
the NY Yankee Stadium Project, OSHA and the above named groups have
developed a comprehensive partnering agreement. Participants include project stakeholders from
government, industry employers, labor, and trade associations. 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.
This partnering agreement shall be limited to the Turner Construction Company, (TCCo), OSHA’s
Tarrytown Area Office (OSHA), the New York State Department of Labor Division of Safety and Health
On-Site Consultation Program (NYS Consultation), the Building and Construction Trades Council (BCTC),
and the Building Trades Employers Association (BTEA). It is anticipated that at the peak of this
project, TCCo and its approximate 110 total subcontractors will employ over approximately 1,100
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,
innovation in safety and health management, and encourages more participation in the safety and
health process from the construction/trade association communities.
2.0 Definitions
DART: Days away from work, restricted work activity, or job transfer
Investigations: The procedure for responding to non-formal complaints is
described in OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. This procedure mandates that
OSHA contact an employer and inform them of the safety and/or health hazards that are alleged by a
complainant to exist in that employer’s workplace. OSHA then faxes a copy of the allegations to the
employer. The employer must satisfactorily respond to the allegations within five calendar days, or
an OSHA enforcement inspection may be initiated.
TCIR: (Total Case Incident Rate) This injury and illness rate is
calculated by dividing the number of lost worktime events by the total number of employee hours
worked, and then multiplying by 200,000. The resultant rate reflects the injury and illness rate per
100 full-time workers.
Other-than-Serious Violations: This type of violation references
situations where the most
serious injury or illness that would be likely to result from a hazardous condition cannot
reasonably be predicted to cause death or serious physical harm to exposed employees but does have a
direct and immediate relationship to their safety and health.
Qualified Safety and Health Representative: For the purpose of this
Partnership only, a Qualified Safety and Health Representative will, as a minimum, be certified in
the OSHA 30-hour Construction Course, or have substantial construction safety and health experience.
Serious Violations: Section 17(k) of the Act provides " . . . a serious
violation shall be deemed to exist in a place of employment if there is a substantial probability
that death or serious physical harm could result from a condition which exists, or from one or more
practices, means, methods, operations, or processes which have been adopted or are in use, in such
place of employment unless the employer did not, and could not with the exercise of reasonable
diligence, know of the presence of the violation."
Verification Inspection: A limited scope inspection that will focus on
the following areas: a comprehensive review of the required safety and health programs and a site
review of Fall, Struck-by, Electrocution, and Caught-Between hazards.
Voluntary Protection Programs: The Voluntary Protection Programs (VPP)
promotes effective worksite-based safety and health. In the VPP, management, labor, and OSHA
establish cooperative relationships at workplaces that have implemented a comprehensive safety and
health management system. Approval into VPP is OSHA’s official recognition of the outstanding
efforts of employers and employees who have achieved exemplary occupational safety and health.
VPPPA: The VPPPA promotes the benefits of cooperative programs among
employees, management and labor through educational and outreach services, as well as an active
government affairs program. Educational opportunities include workshops, conferences and
presentations throughout the United States. Outreach programs include the Association's quarterly
magazine The Leader, electronic newsletters, the VPPPA Mentoring Program
and the VPPPA Web site.
3.0 Project History
Turner Construction Company has a workforce of 600 employees, is involved in heavy construction, and
is headquartered in New York City.
TCCo is the general contractor for the NY Yankee Stadium project. The
new stadium, with 1.2 million square feet, will have a structural frame consisting of concrete,
steel and pre-cast at the seating bowl and exterior façade. The stadium will have seven levels which
will be built out to accommodate player locker rooms and support services, concourses, suites,
concessions, bathrooms, media areas, and a seating bowl with approximately 50,000 seats.
Construction commenced on August 17, 2006 and will be completed by March 31, 2009.
During construction, TCCo will provide a full time safety manager and ensure compliance with
construction environmental, health, and safety practices. This includes federal, state, local,
project, and owner rules and regulations.
4.0 Partnership Goals and Objectives
4.1 The goals of this Partnership include:
- Developing a contractor/government partnership that will encourage local construction
subcontractors involved in the project to improve their safety and health performance;
- Assisting the participating local construction subcontractors in achieving the objectives
listed below;
- Implementing strategies to eliminate serious accidents, including the four primary construction
hazards (falls, electrical, caught in/between, and struck-by);
- Ensuring that all employees receive site specific safety and health orientation;
- Recognizing those subcontractors with exemplary safety and health programs;
4.2 The objectives of this Partnership include:
- Reducing the number of conditions that have the potential to result in worker injury/illness to
the lowest reasonable level, through employee training and hazard(s) identification and
correction;
- Providing non-English speaking employees with safety and health training in their native
language;
- Ensuring that all General Foremen and/or Competent Persons have received at least the OSHA 10
hour Construction Safety and Health course, or the equivalent, within the last two years, or that
they will receive it within three months of starting their work at the NY Yankee Stadium Project;
- 100% compliance with project-required incident prevention activities;
- Zero (0) fatalities;
- Zero (0) exposure of employees to walking/working surfaces (horizontal and vertical) with
unprotected sides or edges, which are 6 feet or more above a lower level. Steel Erectors will not
be obligated by this document to adherer to the 6 foot rule, but will ensure their continued
compliance with 29 CFR 1926 Subpart R.;
- Conducting a gap analysis of all participating contractors’ site-specific safety and health
programs and, through resource sharing, enhance these programs to meet the Partnership Agreement
performance criteria. "Gap analysis" is the difference between the contractor’s site-specific
programs and TCCo’s requirements for work procedures each contractor is to perform. TCCo will
evaluate each contractor’s site-and task specific analysis to ensure that it meets the required
safety and health performance criteria for the site prior to commencement of their onsite
activities. TCCo will provide reasonable assistance to subcontractor to improve their safety
program.
- Fostering a sustainable working relationship between TCCo, OSHA, local contractors, building
and construction trades, and other entities involved in this project;
- Partnering with the BTEA, the BCTC, and the union representative framework to encourage
positive change within the local construction industry with respect to betterment of construction
safety and health during the NY Yankee Stadium project.
- Discussions of the benefits of participation in the VPP, and initiation of the VPP Application
process.
To achieve the goals and objectives cited above, OSHA, TCCo, NYS Consultation,
BCTC, and BTEA will form an Implementation Team (IT) comprised of representatives of their
organizations. These representatives will work together to develop a plan of action, determine the
working procedures of the IT, identify the roles and responsibilities of the participants, and
develop a time-line for the goals and objectives described in this Partnership document. This
time-line will also establish the dates for submission of data and other records to OSHA by TCCo, as
described in this Partnership document.
The IT will meet within 30 working days of the signing of this Partnership
to review the goals and objectives described herein. Thereafter, the IT will meet on a quarterly
basis, for the duration of the Partnership, to evaluate progress toward the Goals and Objectives.
Annually, at least one of these meetings will be in person
5.0 Performance Criteria
5.0.1 Safety and Health Contract Language
TCCo shall incorporate safety and health program performance requirements into all contracts
including new hire orientations and weekly safety and health craft meetings.
5.0.2 Experience Modification Rates
Only contractors with an Experience Modification Rating (EMR) rating of 1 or less will be employed
at the site. TCCo may make an exception to this condition for contractors under the following
conditions:
- The Contractor has made significant progress in safety and health since receiving the EMR that
exceeded 1.0, and agrees to comply with all provisions of the TCCo "Safety, Health and
Environmental Policy" manual;
- TCCo determines that the elevated EMR was not due to serious, consistent infractions of OSHA
safety and health standards.
5.0.3 Bidding Period
The bid packages, distributed by TCCo to all potential bidders, include a copy of Turner
Construction Company’s "Safety, Health and Environmental Policy" manual.
5.0.4 Pre-Construction Meetings
Prior to the start of construction work, TCCo shall conduct a pre-construction meeting with each
successful bidder which shall include discussion regarding requirements for the successful bidder
to integrate TCCo’s "Safety, Health and Environmental Policy" into their standard safety and health
programs and performance expectations.
5.0.5 Weekly Foreman’s Meetings
TCCo shall hold a weekly meeting with all Foremen that shall include focused discussions addressing
site safety and health issues.
5.0.6 Monthly Meetings
TCCo shall hold a monthly project safety and health meeting to discuss program status and
participant performance. OSHA is welcome to attend these meetings. Invitations to attend the
meetings will be extended to Shop Stewards, as well as Foremen.
5.0.7 Qualified Safety and Health Representatives
TCCo shall assign a qualified safety and health representative to administer its safety and health
program.
5.0.8 Risk Assessment
TCCo shall conduct a comprehensive risk assessment of project work and incorporate the findings of
the assessment into the Project Operations Plan.
5.0.9 Project-specific Safety and Health Plan Guidelines
TCCo shall prepare a project-specific safety and health plan to be used as a baseline for
contractor programs to meet or exceed. This plan shall incorporate the following minimum elements:
- Fall exposure potential greater than six feet requires 100% fall protection with the exception
of the Steel Erectors following OSHA Standard Subpart R.
- Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project
- All cranes, hoists, and scissor/aerial lifts will be inspected and safe prior to use
- Use of appropriate personal protective equipment
- Site-specific safety and health training
- Workplace surveillance
- Employee involvement
- Management commitment
5.0.10 Weekly Safety and Health Audits
TCCo shall conduct and document weekly safety and health audits to assess program performance.
5.0.11 Training
TCCo shall 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 a pre-cursor to filing a complaint
with OSHA.
5.0.12 Incident Recordkeeping Database
TCCo shall maintain a project OSHA-300 Log (or equivalent database). This shall be maintained in
accordance with 29 CFR 1904 – Recording and Reporting Occupational Injuries
and Illnesses. TCCo also agrees to compile and maintain a database that describes "near
miss" events, and hazards or hazardous conditions that were discovered and corrected during the
safety audits/inspections described in 5.0.10 and 5.1.5 of this Partnership Agreement. Information
in this database will be used as a training tool and made available to all the Contractors.
5.1 Project Contractor’s Role
5.1.1 Project Specific Safety and Health Plan
All contractors shall provide a task specific hazard analysis and a site-specific safety and health
plan, which meets or exceeds TCCo’s project specific plan. If the contractor does not have their
own safety plan they must adopt TCCo’s plan.
5.1.2 New Hire Safety Orientation
All contractors shall provide new hire employees with project-specific safety and health
information and instructions prior to starting work.
5.1.3 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.
5.1.4 Safety and Health Representation
All Contractors shall assign a Qualified Safety and Health Representative to administer their
program onsite.
5.1.5 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.
5.1.6 Safety and Health Training
The contractors shall provide on-going safety and health training to workers that will address new
project tasks, or processes. Where workers who do not speak English are on-site, training will be
conducted or facilitated in a language that the worker understands.
5.1.7 Recordkeeping/ Documentation
All contractors shall maintain documentation of all safety and health activities described herein
and provide copies of same to TCCo. 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 TCCo at least quarterly.
5.2 OSHA’s Role
5.2.1 Program Evaluation
Provide initial and continued review and evaluation of Turner Construction Company’s compliance
with the partnership agreement.
5.2.2 Incident Trend Analysis
Provide feedback on incident trends and patterns as needed.
5.2.3 Access to Training Resources
Assist in identifying cost-effective training resources for partnership agreement participants.
5.2.4 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.
5.2.5 Compliance strategies
Provide input on compliance strategies as proposed by program participants.
5.2.6 Attendance at Safety and Health Meetings
OSHA representatives will periodically attend site safety and health meetings.
5.3 Craft Labor’s Role
5.3.1 Safety and Health Field Performance
Meet all project Safety and Health requirements relative to work assignments as a condition of
employment.
5.3.2 Safe Work on Demand
Immediately notify designated site safety and health representatives, or management personnel, of
any work assignment that violates the project EH&S requirements.
5.3.3 Monthly Safety and Health Meetings
Attend and participate in monthly meetings that are held by TCCo. Provide input on safety and
health as related to specific trade/skill areas of expertise.
5.3.4 Partnership Representation
Designate representative(s) to provide input in all partnership agreement initiatives.
6.0 Measurement and Evaluation of Performance
6.1 TCCo will compile and track a monthly summary of contractor injury and illness performance
statistics at the job site. This data will be compared to TCCo historical data, the historical data
(if available) of the participating employers, and national data for comparison and evaluation.
6.2 TCCo will collect documentation from contractors in order to ensure procedural performance of
project requirements.
6.3 At the end of each quarter, TCCo will compile and submit to OSHA a report that evaluates the
partnership agreement's achievements and identifies 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. This quarterly report will also include a list of all employees that have received safety and
health training as a result of and during the term of this Partnership Agreement. The employee’s
name, employer, and topic and length of training shall be included in this quarterly report.
7.0 Communication of Results
The signatories or their designated representative(s) will meet at least quarterly to review
partnership agreement status and progress. This meeting will take place at the
Turner Construction Company Field office, and may be combined with the Implementation Team
meetings.
An Annual Partnership evaluation will be conducted by the Implementation Team, and will be in
writing. The goal of this evaluation will be to measure the success of the partnership, highlight
best practices and provide feedback for improvements.
8.0 Employee Involvement and Employee Rights
This partnership agreement fully supports and recognizes the importance of employee participation in
matters concerning safety and health in the workplace. As a vital component of an effective safety
and health program, the ability of employees to exercise their rights, which are guaranteed under
the OSH Act, will not be infringed. Employee involvement in the worksite safety and health program
will be encouraged, including employee participation in safety and health program reviews, site
inspections, employee safety and health training, accident investigations, and freedom to report
hazards, including near misses. The Building Trade Organizations most directly involved or affected
by this partnership will be consulted and encouraged to suggest improvements and further
enhancements of this partnership. TCCo will document all employee, trade organization, and union
involvement in this Partnership.
9.0 OSHA Inspections and Investigations
9.1 Verification Inspections
Qualification for this OSHA Partnership requires that OSHA conduct a Verification Inspection of TCCo
and the NY Yankee Stadium Project site within 90 days
of the signing of this agreement, and annually thereafter for the term of this Partnership
Agreement. This verification inspection will determine TCCo and contractor compliance and include a
comprehensive review of the effectiveness of each subcontractor’s safety and health program. Serious
hazards discovered during the Verification Inspection may result in the issuance of citations and
penalties. Other than regulatory violations (e.g., 29CFR 1903 and 1904), no penalties will be
assessed for other-than-serious violations provided they are abated the same day as the inspection.
Subcontractors who are determined, by OSHA, to be outside the aforementioned criteria for inclusion
under this Partnership Agreement will be subject to traditional OSHA inspections and enforcement
actions
9.2 Formal Complaints / Referrals / Imminent Danger
This partnership calls for the immediate response by TCCo to each allegation of a safety and health
hazard brought to the attention of management by any person. Upon finding that the allegation is
valid, the employer shall promptly correct the hazard.
TCCo, and the participating contractors recognize and accept that OSHA will investigate formal
complaints and referrals, and alleged imminent danger hazards in accordance with OSHA’s
CPL-02-00-140 – Complaint Policies and Procedures and OSHA’s Field Inspection Reference Manual.
These inspections will be conducted outside the scope of this partnership agreement in accordance
with normal enforcement procedures and practices. Hazards identified may result in the issuance of
citations and penalties. All formal complaints, referrals, and imminent danger situations will be
discussed by TCCo at the next scheduled job safety and health meeting.
9.3 Investigations
OSHA will investigate non-formal complaints in accordance with OSHA’s CPL-02-00-140 – Complaint
Policies and Procedures. TCCo will immediately investigate all allegations and correct any hazards
identified. The affected subcontractor, if any, as well as affected unions will also be notified of
the alleged hazard. TCCo will notify OSHA of its findings and abatement within
five calendar days of the original complaint notification. Failure to meet this time frame
will place the complaint/referral outside the scope of this partnership agreement and result in an
OSHA on-site inspection of the allegations.
All non-formal complaints and investigation results will be discussed by TCCo at the next scheduled
job safety and health meeting.
9.4 Accident/Incident Inspections
TCCo, and the participating contractors recognize and accept that OSHA will fully inspect incidents
involving employee deaths, incidents resulting in the hospitalization of three or more employees, or
other serious incidents that come to the attention of OSHA. 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.
9.5 Programmed Inspections
Programmed Inspections may be initiated if there has not been a verification inspection during the
12 previous months. These inspections will be conducted in accordance with normal enforcement
procedures and practices. Hazards identified may result in the issuance of citations and penalties.
TCCo and the contractors participating in this partnership will receive a deferral from Programmed
Inspections, for 12 months, after successful completion of the Verification Inspection.
9.6 Follow-up Inspections
If OSHA issues citations as a result of any inspection conducted, it may conduct a follow-up
inspection to verify abatement.
10.0 Incentives
10.1 TCCo and the participating contractors will receive a deferral, for 12 months, from programmed
inspections following successful completion of a verification inspection.
10.2 No penalties will be assessed for other-than-serious violations provided they are abated the
same day as the inspection.
10.3 A maximum "Good Faith" and "History" penalty adjustment factor will be applied as allowed under
OSHA’s Field Instruction Reference Manual (FIRM) in the event that citations are issued to the TCCo
and the participating contractors.
10.4 OSHA will work with the Partnership participants to maximize recognition of the Partnership
through various media outlets and the OSHA web site.
11.0 Termination of Partnership Agreement
This agreement will expire when Turner Construction Company NY Yankee Stadium project activities are
completed. Should either OSHA, or TCCo choose to withdraw prior to that date, thirty (30) days
written notice will be given, and the partnership would terminate. If OSHA chooses to withdraw its
participation in the partnership, the entire agreement is terminated. Either party may also propose
modification or amendment of the agreement.
Signed this 23rd day of April, 2007
Patricia K. Clark
Region 2 Regional Administrator
USDOL/OSHA |
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Pat Di Filippo
Executive Vice President
Turner Construction Company |
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Diana Cortez
Area Director, Tarrytown Area Office
USDOL/OSHA |
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Charlie Murphy
Senior Vice-President/ General Manager
NYS Department of Labor
Turner Construction Company |
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James Rush
Program Manager
NYS Department of Labor
Onsite Consultation Program |
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John A. Turmelle
Business Unit Safety Director
Turner Construction Company |
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Lou Coletti
Chairman & CEO
Building Trades Employer Association |
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Edward J. Malloy
Chairman & CEO
Building and Construction Trades Council |
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