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OSHA Strategic Partnerships Program >
Region II > #576 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 OF
WESTCHESTER AND PUTNAM COUNTIES, NY,
THE CONSTRUCTION INDUSTRY COUNCIL OF
WESTCHESTER AND HUDSON VALLEY, INC.,
and
TORCON, INC.
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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 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
Columbia University’s LDEO Geochemistry Building, Torcon, Inc. 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 Torcon, Inc., 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 of Rockland County, NY (BCTC), and the
Construction Industry Council of Westchester and Hudson Valley, Inc. (CIC). It is anticipated that
at the peak of this project, Torcon, Inc and its 20+ subcontractors will employ between ten and
forty trade employees each.
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
Torcon, Inc. is a construction management firm consisting of 250 employees. Torcon’s world
headquarters is in Red Bank, NJ, with regional offices in Philadelphia, PA, and Guaynabo, PR.
Torcon, Inc. is serving as the construction manager for the new Geochemistry Building at Columbia
University’s LaMont Doherty Earth Observatory (LDEO) campus in Palisades, NY. The building is a
70,000 square-foot facility consisting of a structural steel superstructure and a largely curtain
wall exterior. The project started during October of 2006, with its anticipated completion in
January of 2008.
During construction, Torcon will provide a part time safety manager, working together with a
seasoned field staff to 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 this important 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 employee safety and health training;
- Recognizing those subcontractors with exemplary safety and health programs;
- A project DART rate that is 25% less than the national average for North American Industry
Classification System (NAICS) number 2362.
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;
- 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;
- 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 Torcon’s requirements for work procedures each contractor is to perform. Torcon 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. Torcon will provide reasonable assistance to subcontractor to improve their safety
program.
- Fostering a sustainable working relationship between Torcon, OSHA, local contractors, building
and construction trades, and other entities involved in this project;
- Partnering with the BCTC, CIC, 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 construction of the new Geochemistry Building at the Columbia LDEO campus.
- 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, Torcon, BCTC, CIC, and
NYS Consultation, 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 Torcon,
Inc., 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
5.0.1 Safety and Health Contract Language
Torcon 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. Torcon, Inc. 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 Torcon "Safety and Health Program"
manual for this project;
- Torcon, Inc. 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 Torcon, Inc. to all potential bidders will include a copy of
Torcon, Inc.’s "Safety and Health Program" manual for this project.
5.0.4 Pre-Construction Meetings
Prior to the start of construction work, Torcon, Inc. and/or its designated safety and health
representative shall conduct a pre-construction meeting with each successful bidder which shall
include discussion regarding requirements for the successful bidder to integrate the Project’s
Safety and Health Program into their standard safety and health programs and performance
expectations.
5.0.5 Coordination Meetings
Torcon and/or its designated safety and health representative shall hold a weekly meeting with all
Project Managers, Company Owners, and/or Foremen that shall include focused discussions addressing
site safety and health issues.
5.0.6 Monthly Meetings
Torcon and/or its designated safety and health representative 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
Torcon shall assign a qualified safety and health representative to administer its safety and health
program.
5.0.8 Risk Assessment
Torcon and/or its designated safety and health representative 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
Torcon and/or its designated safety and health representative 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
- Mandatory use of Ground Fault Interrupters (GFCIs) for all electrically powered tools and
equipment
- 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
Torcon, Inc. shall ensure that weekly safety and health audits are conducted and documented by the
project’s management staff.
5.0.11 Training
Torcon, Inc. 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
Torcon, Inc. and/ or its designated safety and health representative 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. Torcon 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 Torcon’s project specific plan. If the contractor does not have their
own safety plan they must adopt the Torcon 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. Additionally, contractor employees will be required to
attend new-hire safety orientation performed by Torcon at their field office location.
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 be subject to weekly inspections of their portion of the jobsite by Torcon,
Inc. and / or its designated safety and health representative 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
All 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 documentation of safety and health activities described herein shall be recorded and maintained
by Torcon, Inc. and/or its designated safety and health representative. 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 Torcon and/or its
designated safety and health representative at least quarterly.
5.2 OSHA’s Role
5.2.1 Program Evaluation
Provide initial and continued review and evaluation of Torcon, Inc.’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 Columbia University LDEO Geochemistry Building requirements.
5.3.3 Monthly Safety and Health Meetings
Attend and participate in monthly meetings that are held by Torcon, Inc. 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 Torcon, Inc., its insurance broker Brown and Brown, and/or its designated safety and health
representative will compile and track a monthly summary of contractor injury and illness performance
statistics at the job site. This data will be compared to Torcon’s historical data, the historical
data (if available) of the participating employers, and national data for comparison and evaluation.
6.2 Torcon, Inc. and/or its designated safety and health representative will collect documentation
from contractors in order to ensure procedural performance of project requirements.
6.3 Within 30 days of the initiation of this partnership agreement OSHA and
Torcon shall conduct a verification inspection of Columbia University’s LDEO Geochemistry Building,
as defined in Section 2.0: Definitions, and Section 9.1: Verification Inspections.
6.4 At the end of each quarter, Torcon, Inc. 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 three time per year to
review partnership agreement status and progress. At least one of these meetings will be in person,
and this meeting will take place at the jobsite, 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. Torcon 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
Torcon’s Columbia University LDEO Geochemistry Building site within 30 days
of the signing of this agreement, and annually thereafter for the term of this Partnership Agreement.
This verification inspection will determine Torcon 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 Torcon, Inc. 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.
Torcon, Inc. 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. 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 Torcon 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. Torcon, Inc. 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. Torcon 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 Torcon, Inc. at the next
scheduled job safety and health meeting.
9.4 Accident/Incident Inspections
Torcon, Inc. 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.
Torcon, Inc. 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 Torcon, Inc., 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
Torcon, Inc. 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 project activities are completed. Should either OSHA or Torcon, Inc.
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 30th day of May, 2007
Patricia K. Clark, Regional Administrator
Region 2,
USDOL/OSHA |
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Frank Fossella, Senior Vice-President
Torcon, Inc. |
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Brian Peters, Project Manager
Torcon, Inc. |
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Diana Cortez, Area Director
Tarrytown Area Office, USDOL/OSHA |
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Leon Baukh, Corporate Safety Director
Torcon, Inc. |
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James Rush,
Program Manager
NYS Department of Labor
Onsite Consultation Program |
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Ross J. Pepe, President
Construction Industry Council of Westchester and Hudson Valley, Inc. |
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Edward Doyle, President
Building and Construction Trades Council of Westchester and Putnam Counties, NY |
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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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