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Region II > #550 Partnership Agreement |
 Printing Instructions |
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
MANHATTAN 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
PLAZA CONSTRUCTION CORP.
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1.0 Background
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on
the 35 West 21st Street Project, Plaza Construction Corp. (PCC) 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 PCC, OSHA's Manhattan 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), the Building Trades Employers
Association (BTEA), and the associated employers who have agreed to participate. It is anticipated
that at the peak of this project, PCC will have over 15 subcontractors.
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 described in OSHA's Field
Inspection Reference Manual. 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 normally 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
PCC Construction Corporation is an independent construction corporation privately owned by partners
of Fisher Brothers. As one of New York City's most prominent Owner/Builder/Management firms for over
75 years, Fisher Brothers has developed and constructed over 10 million SF of commercial office
properties including Class A buildings like Park Avenue PCC, 1345 Sixth Avenue, 299 Park Avenue and
605 Third Avenue.
PCC was incorporated in 1986 and is recognized as one of New York City's most outstanding
Construction Management and General Contracting firms. With deep roots in the New York City real
estate and construction industries, PCC has grown substantially from servicing the construction
needs of our parent company to fulfilling the construction requirements of prominent local, national
and international corporations. PCC is a major construction company headquartered in New York City,
with a workforce of over 165 non-union and 102 union employees.
PCC is the Construction Manager for the construction of two connected residential buildings one 8
stories and the other 15 stories. A total of 130,000 square foot of space will be built. The project
is scheduled to begin October 2006 and to be completed in the winter of 2008. During construction,
PCC will provide the administration and coordination of construction contract(s) and ensure
compliance with construction environmental, health, and safety practices. This includes federal,
state, local, project and owner rules and regulations.
4.0 Project Goals and Objectives
4.1 The goals of this Partnership include:
4.1.1 Developing a contractor/government partnership that will encourage local construction
subcontractors involved in the project to improve their safety and health performance.
4.1.2 Assisting the participating local construction subcontractors in achieving the objectives
listed below.
4.1.3 Implementing strategies to eliminate serious accidents, including the four primary
construction hazards (falls, electrical, caught in/between, and struck-by).
4.1.4 Ensuring employee safety and health training. All employees working at the site will attend a
site safety and health training orientation and at a minimum 95% of the foremen will have attended a
10 hour construction safety class within the past 2 years or will complete the training within 3
months.
4.1.5 Recognizing those subcontractors with exemplary safety and health programs; all enrolled
contractors are to use OCIP Procedures and Project Safety Manuals.
4.2 The objectives of this Partnership include:
4.2.1 Reduce the number of incidents that have the potential to result in worker injury/illness,
property damage, and environmental impact to the lowest reasonable level.
4.2.2 100% compliance with project-required incident prevention activities.
4.2.3 Zero (0) fatalities
4.2.4 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 .
4.2.5 Conduct a gap analysis of all non OCIP enrolled 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 PCC requirements or work procedures each contractor is to
perform. PCC will evaluate each contractor's site-specific safety and health program to ensure that
it meets the required safety and health performance criteria for the site prior to commencement of
their onsite activities. PCC will provide reasonable assistance to subcontractor to ensure that the
programs meet the site safety and health performance criteria. All enrolled contractors are to use
OCIP Procedures and Project Safety Manuals. PCC will conduct a gap analysis of each enrolled
contractors performance against the OCIP Procedures and Project Safety Manuals. "Gap analysis" is
the difference between the contractor's site-specific performance and PCC requirements or work
procedures each contractor is to perform.
4.2.6 A project DART rate which is 20% less than the national average for NAICS 2361. Upon attaining
this objective, strive to further reduce incident rates by 5% per year for the duration of the
project.
4.2.7 Fostering a sustainable working relationship between PCC, OSHA, local contractors, building
and construction trades, and other entities involved in this project.
4.2.8 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 in the New York metropolitan area.
To achieve the goals and objectives cited above, OSHA, PCC, 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 PCC, 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. It will meet three times per year thereafter, 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
5.1 PCC will establish the following:
5.1.1 Specific Safety and Health Contract Language - PCC shall incorporate specific safety and
health program performance requirements into all contracts including new hire orientations and
weekly safety and health craft meetings.
5.1.2 Experience Modification Rates - Contractors with an Experience Modification Rating (EMR)
rating of 1 or less will be employed at the site. Any contractor with an EMR above 1.0 will meet
with the PCC Safety Representative to review job site hazards and adhere and adopt the site safety
and health program.
5.1.3 Pre-Construction Meetings - Prior to the start of construction work, PCC shall conduct a
pre-construction safety and health meeting with successful bidders to integrate contractor programs
into PCC safety and health program and performance expectations.
5.1.4 Weekly Foreman's Meetings - PCC shall hold a weekly meeting with all Foremen that shall
include focused discussions addressing site safety and health issues.
5.1.5 Monthly Meetings - PCC shall hold a monthly project safety and health meeting to discuss
program status and participant performance.
5.1.6 Qualified Safety and Health Representatives - PCC shall assign a qualified safety and health
representative to administer its safety and health program.
5.1.7 Risk Assessment PCC shall conduct a comprehensive risk assessment of project work and
incorporate results into the project safety and health plan.
5.1.8 Project-specific Safety and Health Plan Guidelines - PCC shall implement the OCIP Procedures
and Project Safety Manuals to be used as a baseline for non OCIP enrolled contractor programs to
meet or exceed. All programs shall incorporate the following minimum elements:
- Fall exposure potential greater than six feet requires 100% fall protection
- Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project
- All cranes and hoists will be 3rd party inspected and safe prior to use
- Use of appropriate personal protective equipment
- Site-specific safety and health training
- Workplace surveillance (Daily field safety audits)
- Employee involvement
- Management commitment
5.1.9 Weekly Safety and Health Audits - PCC shall conduct and document weekly safety and health
audits to assess program performance.
5.1.10 Training - PCC shall provide safety and health training resources for all project
participants as needed.
5.1.11 Incident Recordkeeping Database - PCC 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. PCC 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 this section of this Partnership Agreement.
Information in this database will be used as a training tool and made available to all the
Contractors. PCC will provide the data to the OSHA during (IT) meetings.
5.2 Project Contractor's Role
5.2.1 Project Specific Safety and Health Plan - All non OCIP participating contractors shall provide
a site-specific safety and health plan, which meets or exceeds PCC's project specific plan.
5.2.2 New Hire Safety Orientation - All contractors shall provide new hire employees with
project-specific safety and health information and instructions prior to starting work.
5.2.3 Task-specific Weekly Toolbox Instructions - All contractors shall provide workers with
instructions on integration of safety and health requirements with up-coming work tasks for the
week.
5.2.4 Qualified Safety and Health Representatives - All contractors shall assign a Qualified Safety
and Health Representative to administer their program. A qualified person is one who through
training and experience has been designated and given the authority to administer the program.
5.2.5 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.
5.2.6 Safety and Health Training - All contractors shall provide on-going safety and health training
to workers. At a minimum, foremen shall have attended a 10-hour construction safety course within
the last two (2) years or obtain such a certification within three (3) months of start of the
project.
5.2.7 Recordkeeping/ Documentation - All contractors shall maintain documentation of all safety and
health activities described herein and provide copies of same to PCC. 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 PCC at least quarterly.
5.3 OSHA's Role
5.3.1 Program Evaluation - Provide initial and continued review and evaluation of PCC's compliance
with the partnership agreement.
5.3.2 Incident Trend Analysis - Provide feedback on incident trends and patterns as needed.
5.3.3 Access to Training Resources - Assist in identifying cost-effective training resources for
partnership agreement participants.
5.3.4 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.
5.3.5 Health Risk Assessment OSHA will provide assistance when requested with health risk
assessment. This assistance will include on-site sampling for hazardous materials. On-site sampling
will be coordinated with PCC to maximize characterization of various tasks and operations. Sampling
will be conducted during monitoring inspections that will be coordinated with PCC and be in addition
to the verification inspection s described below. Note: This sampling is intended to supplement, not
replace, PCC's own sampling programs such as those required by standards and/or contract.
5.3.6 Compliance strategies - Provide input on compliance strategies as proposed by program
participants.
5.3.6 Attendance at Safety and Health Meetings - OSHA representatives will periodically attend site
safety and health meetings.
5.4 Craft Labor's Role
5.4.1 Safety and Health Field Performance - Meet all project Safety and Health requirements relative
to work assignments as a condition of employment.
5.4.2 Safe Work on Demand Refuse to perform and immediately notify designated site safety and
health representatives, or management personnel, of any work assignment that violates the project
EH&S requirements.
5.4.3 Monthly Safety and Health Meetings - Attend and participate in monthly meetings that are held
by PCC. Provide input on safety and health as related to specific trade/skill areas of expertise.
5.4.4 Partnership Representation - Designate representative(s) to provide input in all partnership
agreement initiatives.
6.0 Measurement and Evaluation of Performance
6.1.1 PCC will compile and track a monthly summary of contractor injury and illness performance
statistics and total project man hours for the project. This data will be provided to the (IT) on a
quarterly basis.
6.1.2 PCC will collect documentation from contractors in order to ensure procedural performance of
project requirements.
6.1.3 Within 90 days of the initiation of this partnership agreement OSHA and PCC shall conduct a
verification inspection of the project. This verification inspection will determine partnership
compliance with the terms of this agreement and include a comprehensive review of the project's
Environmental Safety and Health plan.
6.1.4 At the end of each quarter, PCC 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.
6.1.5 At the end of each year, OSHA and PCC shall conduct an evaluation of the partnership in order
to determine any successes or areas of improvement.
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 site, 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.
This partnership supports employee rights as guaranteed under the Occupational Safety & Health Act.
All contractors will participate in safety audits and briefings and ensure that their employees are
kept appraised of safety and health issues on the site. A system for employees to report hazards
will be developed. Labor organizations will be represented at all meetings.
9.0 OSHA Inspections and Investigations
9.1 Verification and OSHA Inspections
PCC agrees to exercise control over any recognized site safety and health hazard to eliminate the
potential for injury or illness in accordance with this partnership agreement. Comprehensive reviews
and inspections will be conducted by PCC or its representative, with employee involvement on a daily
basis. Summaries of hazards and abatement will be documented. If any site contractor, under control
and direction of PCC, does not meet the terms of this partnership agreement, the OSHA inspection of
their work will proceed with traditional OSHA guidelines for comprehensive inspections.
9.1.1 Complaint/referral Investigations - This partnership calls for the immediate response by PCC
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.
OSHA will follow a modified version of its non-formal investigation process for complaints related
to this project that are filed with OSHA. OSHA will notify the PCC safety and health representative
of any alleged complaint by phone and fax. PCC will immediately investigate all allegations and
correct any hazards identified. The affected subcontractors as well as the affected unions will be
notified of the alleged complaint by PCC. PCC will notify OSHA of its findings and abatement within
one workday of the original complaint notification. All complaints will be discussed by PCC at the
next scheduled job meeting. Failure to meet these time frames will place the complaint/referral
outside of the scope of this agreement and OSHA will respond as outlined in Section 9.1.2.
9.1.2 Formal Complaints and Referrals PCC and the employers engaged in this partnership recognize
and accept that OSHA will fully investigate formal complaints and referrals. These inspections will
be conducted, as outlined in CPL 02-00-140, Complaint Policies and Procedures outside the scope of
the partnership in accordance with normal enforcement procedures and practices. Hazards identified
may result in the issuance of citations and penalties.
9.1.3 Accidents/Incident Investigations PCC and the employers engaged in this partnership
recognize and accept that OSHA will fully investigate incidents involving employee deaths, incidents
resulting in the hospitalization of three or more employees, or other serous incidents that come to
the attention of OSHA. These inspections will be conducted outside the partnerships in accordance
with normal enforcement procedures and practices. Hazards identified may result in the issuance of
citations and penalties.
9.2 Programmed Inspections PCC and the contractors participating in this partnership will not be
subjected to program inspections where verification has been conducted and completed within the past
12 months.
9.2.1 Onsite Verification In order to qualify for the partnership, OSHA will conduct a
verification inspection of the project pursuant to paragraph 6.1.3 within 90 days of the signing of
this agreement, and annually thereafter for the term of this Partnership Agreement. This
verification inspection will determine PCC and contractor compliance and include a comprehensive
review of the effectiveness of each subcontractor's safety and health program for its effectiveness
in eliminating the four major hazards in construction (falls, electrical, caught in/between and
struck-by hazards). Serious hazard related to the hazards outlined above may result in the issuance
of citations and penalties.
9.2.2 Follow-up Inspections - If OSHA issues citations as a result of any inspection conducted, it
may conduct a follow-up inspection to verify abatement.
9.2.3 Non-Participating Contractors Employers who elect not to participate or 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.
10.0 Incentives
10.1 After an OSHA on site enforcement verification inspection, participating contractors at this
site will be deleted from the programmed inspection list for 12 months from the verification
inspection.
10.2 Other than violations under 29 CFR 1903 and 1904, no penalties will be assessed for
other-than-serious violations provided they are abated the same day as the inspection.
10.3 If citations are issued as a result of an on-site enforcement inspection, when calculating the
initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the
reductions provided in the OSHA Field Inspection Reference Manual (FIRM where the employer, in
implementing the OSP, has taken specific steps beyond those provided for in the) FIRM to implement
the Act and achieve a high level of employee protection. The additional reduction will not apply to
high gravity serious, willful, failure to abate or repeat citations. In cases where a partner's total
penalty reduction is 100% or more, the minimum penalty provisions of the FIRM will apply.
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 New York State Department of Labor 21(d) Consultation Services agrees:
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 of 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 the employers agree to correct any
serious hazards that may be identified. There are no costs to the employer to for the assistance
provided by the On-site Consultation Program under this agreement.
12.0 Termination of Partnership Agreement
This agreement will expire when Plaza Construction Corp.'s Roseland Project activities are
completed. Should either OSHA or PCC 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.
13.0 Signatures
Signed November 01, 2007
Patricia K. Clark
Region 2 Regional Administrator
USDOL/OSHA |
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Charles F Keenan
Vice President General Superintendent
Plaza Construction Corp. |
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Richard Mendelson
Area Director, Manhattan Area Office
USDOL/OSHA |
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Doreen Patron
Project Manager
Plaza Construction Corp. |
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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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James Rush
Program Manager
NYS Department of Labor Onsite Consultation Program |
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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 |
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