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OSHA Strategic Partnerships Program >
Region II > #583 Partnership Agreement |
 Printing Instructions
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PARTNERSHIP AGREEMENT
BETWEEN
SKANSKA USA BUILDING INC.
AND
BERGEN COUNTY BUILDING TRADES COUNCIL
AND
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
HASBROUCK HEIGHTS, NJ AREA OFFICE
AND
THE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT ON-SITE CONSULTATION PROGRAM
AT THE NEW MEADOWLANDS STADIUM
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I. PURPOSE AND SCOPE
In an effort to eliminate serious hazards and achieve a high level of worker safety and health at
the New Meadowlands Stadium construction site, Skanska USA Building, Inc. (Skanska) and the
signatory groups have developed a comprehensive partnering agreement. Participants include project
stakeholders from business, government and labor. This partnering agreement will facilitate the
process of identifying project health and safety performance goals, developing plans for achieving
those goals, cooperation in hazard identification and control, measuring and establishing a vehicle
to communicate the successes, and ultimately learning from the process. Beyond the confines of the
New Meadowlands Stadium Project, it is projected that this partnership agreement will foster a
sustainable working relationship between the signatory groups.
This partnering agreement shall be limited to the OSHA Hasbrouck Heights Area Office, Skanska, the
Bergen County Building Trades Council (BCBTC), the NJ Department of Labor & Workforce Development
On-Site Consultation Program (LWD) and associated project employers who have agreed to participate.
This partnership is consistent with OSHA’s long-range efforts to develop a unified
contractor/labor/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 building and construction trades.
II. PROJECT HISTORY
The construction of the New Meadowlands Stadium in East Rutherford, New Jersey is being managed by
Skanska. When complete, this facility will become the home field for two National Football League
(NFL) teams; the New York Giants and the New York Jets. It will be the first facility of its kind
built specifically to accommodate two NFL teams. The New Meadowlands Stadium will also be used for
concerts and other entertainment and sports activities.
The New Meadowlands Stadium will be a technologically advanced open air stadium with seating for
82,000 spectators. There will also be 217 Luxury Suite Boxes. The facility is being constructed
between the existing football stadium and the Meadowlands Race Track. It is expected that the
stadium will be ready for the 2010 season.
III. IDENTIFICATION OF PARTNERS
The following parties are signatories to this partnership:
- Skanska USA Building Inc.
- Bergen County Building Trades Council
- Occupational Safety & Health Administration – Hasbrouck Heights NJ Area Office
- New Jersey Department of Labor and Workforce Development On-site Consultation Program
- Others ….
IV. GOALS AND STRATEGIES
The partnership’s overarching goal is to reduce injuries and illnesses through a cooperative
relationship between Skanska, BCBTC, LWD and OSHA. This goal will be accomplished by implementing
and following the plan outlined below and evaluating these actions as indicated:
- Foster the development, implementation and maintenance of effective comprehensive safety and
health programs in accordance with OSHA’s 1989 Safety and Health Program Management Guidelines.
These programs will be evaluated using Appendix D (or equivalent) during the OSHA verification
inspection(s).
Skanska will maintain a comprehensive site safety and health management system that meets or exceeds
the 1989 guidelines. Further, Skanska will evaluate all site subcontractors’ safety and health
programs to ensure that they are being maintained under the terms of this partnership agreement.
- Increase worker awareness of the site safety and health hazards and the means necessary to
protect themselves from those hazards.
Skanska agrees to perform or require regular tool box talks and training as required. In addition,
Skanska agrees to make at least three of the following programs available to site personnel during
the length of the project:
- Defensive Driving; (recognized by the National Safety Council);
- NFPA 70(e);
- Crane Safety;
- Safe Rigging;
- Enhanced Fall Protection;
- Achieve participant recordable illness and injury rates below the national average for the
construction industry. A Partnership goal is to keep the site Total Case Incident Rate (TCIR), Days
Away, Restricted or Transferred (DART) Rate and the Days Away From Work Injury and Illness (DAFWII)
Rate to at least 25% below the national average for NAICS Code 2362X, (non residential building
construction), which were 6.1, 3.0, 2.0 respectively for year 2004 and for NAICS Code 238XX (special
trade contractors) which were 6.8, 3.6 and 2.6 respectively for year 2004.. Injury and illness
incidence will be evaluated annually by review of the site OSHA 300 logs and any other relevant
accident reports.
- Identify and correct primary causal factors in worker injuries and illnesses, in particular, the
top four causes of construction injuries: falls, struck-by and caught-in between incidents, and
electrocution (OSHA’s focused four construction hazards) and a primary health hazards associated
with silica exposure during construction activities.
To achieve B and C above, Skanska will implement or facilitate the implementation of all elements of
effective safety and health management systems (e.g., worksite analysis, safety and health training
and hazard prevention and control) designed to minimize workplace conditions that can result in injuries and/or illnesses.
- Skanska agrees to conduct pre-employment drug and alcohol screening for potential site employees.
In addition, at least one tool box talk will be conducted by staff from the Partnership for a Drug NJ.
- Skanska also agrees to apply for VPP Star status on this project after a period of nine to twelve
months from the beginning of the project and achieve VPP Star status within eighteen months from the
beginning of the project. To facilitate this goal, this partnership is designed to foster the
development and implementation of all necessary elements to qualify for VPP Star status.
V. PERFORMANCE MEASURES
The following performance measures will be compiled by Skanska, reported to OSHA and will be used to
measure the success of the partnership:
- Aggregate number of employers active in the partnership;
- Aggregate number of employees active in the partnership;
- Number of site inspections conducted, hazards found (including the four most prevalent
construction hazards and silica), and hazards corrected per month during the partnership term until
the completion of the project;
- Number of pre-task job safety or task analyses conducted per month during the partnership term
until the completion of the project;
- Number of participant contractor workers provided the OSHA 10-Hour Course for employees and
30-Hour Course for competent persons;
- Number of participant contractor workers provided other training such as NFPA 70(e), crane safety, etc.;
- Site TCIR, DART, DAFWII rates for each calendar year compared to the national average for NAICs
codes 2362 for non-residential general contractors and 238XX for specialty contractors for each
respective calendar year;
- Number of partnership participants who developed written safety and health management systems
under this partnership;
- Number of partnership participants who improved their written safety and health management systems
under this partnership;
- Number of employees involved in the site safety and health management (e.g., employee
participation in self-audits, site inspections, job hazard analysis, safety and health program
reviews, safety training, and mishap/near miss investigations);
- Number of daily safety checklists conducted by on-site contractors.
VI. PARTNERSHIP BENEFITS AND AGREEMENT ON OSP MANAGEMENT AND OPERATIONS
OSHA and all Contractors agree to work in partnership to improve the employee safety and health at
the New Meadowlands Stadium Project. Accordingly they make the following commitments:
- OSHA Non-Enforcement Benefits:
- Help identify programmatic needs at this site by reviewing the documented safety and health
management system and provide practical guidance for implementation. The project’s Safety and Health
Manager, OSHA Compliance Safety and Health Officer(s) and/or Compliance Assistant Specialist will
perform this task.
- Help identify, through the review of OSHA 300 logs and accident or near miss reports, primary
causal factors in injuries and illnesses, in particular the four top hazards at this site, and
recommend the appropriate corrective actions.
- Provide information on training resources including available OSHA Training Institute Courses.
- Assist partners in accessing interpretations and clarifications as to the meaning and application
of OSHA standards and policy.
- Participate in training sessions and meetings, as resources, law and OSHA policy permit.
- Designate an experienced safety and health specialist to serve as a resource and liaison for
partnership participants.
- Make available, through LWD, free onsite safety & health consultation services to partnership
contractor participants.
- OSHA Enforcement Benefits
- 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.
- 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, wilful, 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.
- If citations are issued as a result of the verification inspection conducted in accordance with
section IX of this partnership, and the participating contractor cited is found to have all the
elements of a comprehensive safety and health management system, a good faith penalty of 35% shall
be applied to any violations that are not high-gravity serous in nature.
- Skanska agrees to perform the following OSP Management Operations:
- Serve as a safety resource in support of contractors and subcontractors;
- Provide notice to all Subcontractors that the New Meadowlands Stadium Project is subject to this
strategic Partnership with OSHA. All employees will be informed of the partnership and provided a
fact sheet during orientation. (Appendix A);
- Administer the overall partnership program, including but not limited to evaluation of the
subcontractors safety and heath program on site to ensure that it is being operated under the terms
of this partnership agreement.
Site surveys will also be conducted on a regular basis, with action taken whenever employee hazards
are identified. Skanska will further assure that each contractor:
- Completes an analysis of all new and acquired work, materials, chemicals, and equipment before
construction activity begins to determine potential hazards and to plan for their prevention or
control;
- Performs a routine examination and inspection of hazards associated with individual jobs,
processes, or phases of construction;
- Has in place a system for employees to notify management, without fear of retaliation, about
conditions that appear hazardous;
- Establishes a system for investigating accidents and near-misses, including procedures or
guidance, reports of findings, and the tracking of hazard correction to completion.
Skanska additionally agrees to:
- Provide safety and health resources to the project as necessary to assist Contractors and their
Subcontractors with all safety and health issues;
- Act as liaison for Contractors with OSHA. All Subcontractors and tier contractors will be able to
contact Skanska with questions and Skanska will contact OSHA for responses when necessary;
- Offer on-going information on safety or health topics of importance for Contractors and
sub-contractors – specifically on the focused four construction hazards;
- Provide OSHA's interpretations of standards as they apply to local issues; so that contractors
may better understand and properly comply with standards;
- Maintain a site injury and illness log of all injuries and illnesses reported by Contractors and
tier subcontractors;
- Manage the following site safety or health issues common to all areas of the site:
- Emergency Action Plan;
- Hazard Communication Plan and inventory of site chemicals reported by contractors and tier
subcontractors;
- Fall Protection Plan and perimeter guards;
All the above plans will be made accessible to all Contractors and subcontractors to reduce the
potential for injury or illness in accordance with this partnership agreement.
- OSHA agrees to perform the following OSP Management Operation that is not included in the
benefits section above:
- Perform an annual partnership evaluation as outlined in Section IX of this partnership agreement.
VII. EMPLOYER AND EMPLOYEE RIGHTS
An integral part of an effective safety and health program is that employee rights, which are
guaranteed under the OSH Act, will not be infringed upon. This partnership does not preclude
employees and/or employers from exercising any right provided under the OSH Act (or, for federal
employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and
regulations adopted pursuant to the Act.
It is anticipated that routine worker involvement in the day- to- day implementation of worksite
safety and health programs will be assured, including worker participation in Contractor
self-audits, site inspections, job hazard analyses, safety and health program reviews, and accident
investigations
VIII. INSPECTIONS
- On-site Enforcement Verification Inspection(s)
In order to determine contractor compliance with the terms of the agreement, a verification
inspection(s) will be done within 90 days from the signing of the partnership agreement and annually
thereafter. Citations and penalties may be issued, when appropriate, as a result of this inspection.
Enforcement verification inspections are performed in accordance with the applicable sections of the
OSHA FIRM and other enforcement guidance documents. As such, a focused inspection, concentrating on
the project safety and health program/plan, and the four leading hazards in construction: falls,
electrical hazards, caught in/between hazards, and struck by hazards may be done where upon initial
inspection of the site the CSHO determines that the contractor meets the requirements of the Focused
Inspection Initiative.
- Self-Inspections
The Skanska agrees to exercise control over any recognized site safety or health hazard to eliminate
the potential for injury or illness in accordance with this partnership agreement. With respect to
site safety or health hazards, the superintendent and/or safety director will conduct comprehensive
inspections of the entire project, with Contractor involvement as agreed, as often as necessary, but
not less than once a week. Skanska will supplement the comprehensive inspections with weekly
inspections and other inspections as necessary. The Superintendent will report any findings directly
to the Contractor responsible promptly to facilitate quick abatement of hazardous conditions.
- OSHA Inspections/Investigations
- Complaint/Referral Investigations
OSHA agrees that a copy of each non-formal complaint/referral related to the work at the Project and
filed with OSHA will be forwarded by fax, or by other means, to the Skanska project office. The name
of the complainant will not be revealed. Skanska agrees to promptly investigate complaints,
regardless of the employer involved, and provide OSHA with a written response within 4 hours of
receipt for non-formal complaints/referrals alleging a serious hazard, and within 24 hours of
receipt when an other-than-serious hazard is alleged.
Failure to meet these timeframes will place the complaint/referral outside the scope of this
Partnership and OSHA will respond as it would to any complaint of a similar nature.
- Non-Programmed Inspections
Skanska and the employers engaged in this partnership recognize and accept that OSHA will fully
investigate incidents involving employee deaths or the hospitalization of three or more employees,
reports of imminent danger conditions, accidents and formal complaints and referrals. These
inspections will be conducted outside the partnership in accordance with normal enforcement
procedures and practices. Hazards identified may result in the issuance of citations and penalties.
- Follow-up Inspections
If OSHA issues citations for serious hazards on any inspection conducted at this project during the
tenure of this Partnership, OSHA may conduct a follow-up inspection to verify abatement.
IX. ANNUAL PARTNERSHIP EVALUATION
The partners will prepare a joint evaluation of the partnership annually. The evaluation will review
the success of the partnership, lessons learned, and changes that will be made to meet the goals of
the partnership. The annual performance evaluation report format from Appendix C of the OSHA
Strategic Partnership Program (OSPP) Directive CSP 03-02-002 shall be used. Performance measures
listed in Section V of this partnership agreement will be collected and analyzed to determine the
partnership’s progress toward meeting its goals.
X. LEVERAGING
This partnership seeks to leverage the resources of both Skanska and OSHA, by encouraging
contractors to develop safety and health programs, implement them in an effective manner, complete
self inspections, and evaluate worksite conditions and near misses to prevent accidents. By
combining resources, Skanska and OSHA expect to have a greater and more positive impact on safe
working conditions on this site, than could be achieved otherwise.
XI. TERMINATION
This agreement will terminate upon the completion of the project. If any signatory of this agreement
wishes to terminate their participation prior to the established termination date, written notice of
the intent to withdraw must be provided to all other signatories.
If OSHA chooses to withdraw its participation in the partnership, the entire agreement is
terminated. Any signatory may also propose modification or amendment of the agreement.
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.
Signed on this 1st day of October, 2007 |
| Occupational Safety and Health
Administration |
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__________________________________
Patricia K. Clark, Regional Administrator
OSHA Region 2 |
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__________________________________
Lisa Levy, Area Director
OSHA Hasbrouck Heights |
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NJ Department of Labor & Workforce Development |
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__________________________________
Leonard Katz, Assistant Commissioner
Labor Standards & Safety Enforcement |
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Bergen County Building Trades Council |
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__________________________________
Thomas D. Misciagna, President |
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Skanska USA Building Inc. |
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__________________________________
Frank Falciani, Senior Vice President
Skanska USA Building Inc. |
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__________________________________
Tom Webb, Vice President
Skanska USA Building Inc. |
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__________________________________
Victor Pereira, Sr. General Superintendent
Skanska USA Building Inc. |
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__________________________________
David B. Korman, CSP
EH&S Director
Skanska USA Building Inc. |
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__________________________________
Todd Sutton, Vice President
Skanska-Koch |
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__________________________________
John Pouso, Safety Director
Skanska-Koch |
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APPENDIX A
PARTNERSHIP AGREEMENT
The New Meadowlands Stadium Project
Fact Sheet |
A strategic partnership agreement has been developed jointly by the United
States Department of Labor - Occupational Safety and Health Administration, Hasbrouck Heights Area
Office (OSHA), and the Skanska USA Building Inc. (Skanska). The common objective and goal of the
program is to develop a contractor / government partnership that encourages all construction
contractors to improve their safety and health performance, assist them in doing that, strive for
the elimination of serious accidents in the construction industry, and to recognize those contractors
with exemplary safety and health programs. The specific impetus behind the agreement is to provide a
safe and healthful work environment for workers engaged in construction activities for the project.
Expected outcomes of this partnership include: developing criteria for a model multi-employer
worksite safety and health program which specifically identifies the responsibilities of each
Subcontractor; making safety and health materials available to all Subcontractors onsite; planning
for safety and health in all aspects of the project; providing visible safety and health leadership;
achieving participant recordable illness and injury rates below the national average for the
construction industry; and focusing OSHA enforcement activity on those Subcontractors who have
little or no regard for the safety and health of their workers.
The agreement provides incentives to participating Subcontractors who voluntarily improve their
safety and health performance. Incentives will include special recognition from OSHA and focused and
reduced enforcement efforts by OSHA.
This agreement is consistent with OSHA’s long-range effort to develop a contractor / government
partnership approach to safety and health management. It allows for better use of OSHA resources, it
allows for innovation in safety management and it encourages more participation in the safety
process by each stakeholder.
As part of this partnership, Skanska has assured OSHA that they will adopt the following actions as
part of their safety program:
- Complete an analysis of all new and acquired work, materials, chemicals, and equipment before
construction activity begins to determine potential hazards and to plan for their prevention or
control;
- Perform a routine examination and inspection of hazards associated with individual jobs,
processes, or phases of construction;
- Have in place a system for employees to notify management, without fear of retaliation, about
conditions that appear hazardous;
- Establish a system for investigating accidents and near-misses, including procedures or
guidance, reports of findings, and the tracking of hazard correction to completion;
- Comply with all current OSHA standards;
- All individuals performing work on Skanska projects are required to have 100% Fall Protection
where there is a fall exposure of SIX (6) feet or greater. This includes
ALL individuals engaged in structural steel erection operations including
but not limited to connectors, welders, individuals bolting up and installing decking. This does
exclude working from ladders;
The fall protection shall stress the elimination of fall hazards as the first priority. The use of
guardrails, floor hole covers, scaffolding, scissor lifts and other preventative measures or
equipment will be evaluated for feasibility before the use of personal fall arrest systems (full
body harnesses, lanyards, retractable lifelines, etc.) is permitted;
- Ensure that supervisors provide visible leadership in implementing the safety and health
program;
- Report all site injuries and illnesses to Skanska immediately so that the site injury and
illness log may be accurately maintained;
- Report all program deficiencies or damage to protective equipment, specifically site fall
protection, immediately upon discovery and to take appropriate interim protective measures for
protection of employees;
- Have a person on site that is responsible for, possesses the authority over, and is capable of
effectively implementing the overall site safety and health program;
- Ensure that employee training covers applicable site hazard and the means to correct them, as
well as pertinent standards and regulations;
- Strive to ensure that within 60 days a designated safety representative or other personnel
serving in the capacity as a competent person on the project will have completed the OSHA 30-hour
course for the construction industry (or its equivalent), and that employees complete the OSHA 10
hour course for construction (or its equivalent);
- Have written emergency response procedures that are communicated to project workers. The
procedures will list emergency telephone numbers, emergency routes, emergency exits, staging
areas, requirements for personal protective equipment, and training and evacuation drills.
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