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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 II > #562 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 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, THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC. THE CONTRACTORS’ ASSOCIATION OF GREATER NEW YORK, INC. and HUNT/BOVIS LEND LEASE ALLIANCE II, A JOINT VENTURE  |
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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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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 New York State Consultation Services Section 12.0 Termination of Partnership Section 13.0 Signatures 1.0 Background In an effort to eliminate serious hazards and achieve a high level of worker safety and health on the Citi Field Project, Hunt/Bovis Lend Lease Alliance II, a Joint Venture, hereinafter referred to as the Joint Venture 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 Joint Venture and 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), the General Contractors Association of New York (GCANY), the Contractors’ Association of Greater New York (CAGNY) and the associated employers who have agreed to participate. It is anticipated that at the peak of this project, approximately 900 trades’ employees will be employed on the project. 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 CPL-02-00-140. 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, an on-site Qualified Safety and Health Representative will, as a minimum, be accredited in the OSHA 30-hour Construction Course, or equivalent and 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. 3.0 Project History The Joint Venture has a workforce of approximately 40 employees, is involved in heavy construction. The Joint Venture is the construction manager for the Citi Field Project, a top quality Major League Baseball Stadium and associated site development. The project involves the construction of pile and grade beam foundations, a steel frame with long span steel trusses, masonry partitions, metal panel wall system and standing seam metal roofing and the demolition of the existing Shea Stadium, where parking will be developed at the completion of the project. Construction for this project commenced in June, 2006 and is scheduled to be completed on, or about, July 2009. During construction, the Joint Venture 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 and project and owner rules and regulations. 4.0 Project Goals and Objectives 4.1 The goals of this Partnership include:
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 Requiring employee safety and health training by subcontractors. All employees will be provided with site safety and health orientation information and foremen will have attended a 10 hour construction safety course within the last 2 years or obtain the training within 3 months of commencing work on the project. 4.1.5 Recognizing those subcontractors with exemplary safety and health programs;
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 . (Exception: Steel Erection shall follow Subpart R.) 4.2.5 Conducting a gap analysis of all participating contractors’ site-specific safety and health program 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 Joint Venture’s requirements for work procedures each contractor is to perform. Joint Venture 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. Joint Venture will provide reasonable assistance to subcontractor to improve their safety program. 4.2.6 A project completion LWDI rate that is 25% less than the national average for Standard Industry Code SIC 1542/NAICS 2362 for the 2004 BLS rates. The rate established for this project is 6.1 for Total Recordable Cases and 3.0 for Cases with days away, job transfer or restriction. 4.2.7 Fostering a sustainable working relationship between Joint Venture, OSHA, site contractors, building and construction trades, and other entities involved in this program. 4.2.8 Partnering with the BTEA, the BCTC, the NYS Consultation, CAGNY and GCANY 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. 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 Joint Venture will establish the following:
5.12 Experience Modification Rates - Contractors with a current EMR above 1.00 shall meet with Joint Venture Safety Representative and develop a plan. 5.1.3 Bidding Period - The bid packages, distributed by Joint Venture to all potential bidders, include a copy of Joint Venture’s “Safety, Health and Environmental Policy” manual. 5.1.4. Pre-Construction Meetings - Prior to the start of construction work, Joint Venture shall conduct a pre-construction meeting with each successful bidder which shall include discussion regarding requirements for the successful bidder to integrate Joint Venture’s “Safety, Health and Environmental Policy” into their standard safety and health programs and performance expectations. 5.1.5. Weekly Foreman’s Meetings - Joint Venture shall hold a weekly meeting with all Foremen that shall include focused discussions addressing site safety and health issues. 5.1.6 Monthly Meetings - Joint Venture shall hold a monthly project safety and health meeting to discuss program status and participant performance. Invitations to attend the meetings will be extended to the (IT), Foreman and Shop Stewards. 5.1.7 Qualified Safety and Health Representatives - Joint Venture shall assign a qualified safety and health representative to administer its safety and health program. 5.1.8 Risk Assessment - Joint Venture shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Project Operations Plan. 5.1.9 Project-specific Safety and Health Plan Guidelines - Joint Venture 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: 5.1.11 Training - Joint Venture shall provide safety and health training resources for all project participants as needed. 5.1.12 Incident Recordkeeping Database - Joint Venture 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. Joint Venture 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. Joint Venture will provide the data to the OSHA during (IT) meetings. Note: Joint Venture shall consider confidential any information protected under HIPPA. OSHA may contact the specific employer for specific accident data.
5.2.2 New Hire Safety Orientation - All contractors shall provide and document all employees with project-specific safety and health information and instructions prior to starting work on the project. 5.2.3 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. 5.2.4 Qualified Safety and Health Representatives - All contractors shall assign a Qualified Safety and Health Representative to administer their program onsite. 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 respective work areas 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 that will address new project tasks, or processes. At a minimum, foremen shall have attended a 10-hour construction safety course or equivalent within the last two (2) years or obtain such accreditation within three (3) months of commencing work on 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 Joint Venture. 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 Joint Venture at least quarterly.
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 TCC to maximize characterization of various tasks and operations. Sampling will be conducted during monitoring inspections that will be coordinated with TCC and be in addition to the verification inspection s described below. Note: This sampling is intended to supplement, not replace, TCC’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.
5.4.2 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 TCC. 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.
6.1.2 Joint Venture 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 Joint Venture shall conduct a verification enforcement 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, Joint Venture 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 additional 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 Joint Venture shall conduct an evaluation of the partnership in order to determine any successes or areas of improvement. 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 Joint Venture’s on-site offices, 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 Occupational Safety and Health 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 OSH 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 Joint Venture agrees to exercise reasonable (reasonable duty of care) 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 Joint Venture or its representative, with employee involvement on a regular basis. Summaries of hazards and abatement will be documented. If any site contractor, does not meet the terms of this partnership agreement, the OSHA inspection of their work will proceed with traditional OSHA guidelines for comprehensive inspections.
9.1.2 Formal Complaints / Referrals / Imminent Danger – This partnership calls for the immediate response by Joint Venture 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. Joint Venture and the employers engaged in this partnership recognize and accept that OSHA will fully investigate formal complaints, referrals and alleged imminent danger hazards in accordance with OSHA’s Field Inspection Reference Manual. 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. All formal complaints, referrals and imminent danger situations will be reviewed by Joint Venture at the next scheduled job safety and health meeting. 9.1.3 Accidents/Incident Inspections – Joint Venture 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 of the same employer, or other serious 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. 9.1.4 Investigations – OSHA will investigate non-formal complaints in accordance with OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. Joint venture will immediately investigate all allegations and correct any hazards identified. The affected subcontractor, if any, as well as any affected unions will also be notified of the alleged hazard. Joint Venture will notify OSHA of its findings and abatement within one calendar day of the original complaint notification. Failure to meet this time frame will place the complaint/referral outside the scope of the partnership agreement and result in an OSHA on-site inspection of the allegations. All non-formal complaints and investigations results will be discussed by the Joint Venture at the next scheduled job safety and health meeting.
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. 10.1 Following 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 No penalties will be addressed for other-then-serious violations, except for regulatory violation CFR 1903 and CFR 1904, 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, has taken specific steps beyond those provided for in the regulations in an attempt to achieve a higher 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 for the assistance provided by the On-site Consultation Program under this agreement. 12.0 Termination of Partnership Agreement This agreement will expire when Joint Venture’s scope of work has been completed. Should either OSHA or Joint Venture choose to withdraw prior to that date, thirty (30) days written notice will be given, after which the agreement shall terminate. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Either party may also propose a modification or amendment of the agreement. Such modification or amendment(s) shall be implemented into this agreement with the approval by both parties signatory hereto. 13.0 Signatures Signed this ____ day of May, 2007
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