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Region II > #594 Partnership Agreement |
 Printing Instructions |
HOFFMANN–LA ROCHE INC.
BUILDING 76 FAÇADE REPLACEMENT PROJECT
PARTNERING AGREEMENT
BETWEEN
HOFFMANN-LA ROCHE INC.
AND
SKANSKA USA BUILDING, INC.
AND
ESSEX AND PASSAIC COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCILS
AND
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
HASBROUCK HEIGHTS AND PARSIPPANY, NJ AREA OFFICES
AND
THE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT ON-SITE CONSULTATION SERVICE
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I. PURPOSE
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on
the Hoffmann-La Roche Inc. (Roche) Building 76 (B76) Façade Replacement Project, Skanska USA
Building, Inc. (Skanska) and the signatory groups have developed a comprehensive partnering
agreement. Participants include project stakeholders from 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 control implementation; measuring
and establishing a vehicle to communicate the successes; and ultimately learning from the process.
Beyond the confines of the Roche B76 Façade Replacement Project, it is projected that this
partnering agreement will foster a sustainable working relationship between OSHA, Roche, Skanska,
the Essex and Passaic Counties Building and Construction Trades Councils and New Jersey area
contractors.
This partnering agreement shall be limited to the OSHA Parsippany and Hasbrouck Heights Area
Offices, Roche, Skanska, the Essex and Passaic Counties Building and Construction Trades Councils
and associated project employers who have agreed to participate.
This partnership is consistent with OSHA's long-range efforts to develop a
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 construction and trade councils and their
affiliates.
II. SCOPE OF WORK
The general scope of this project is to completely remove the energy inefficient and aging glass
curtain wall system from Roche's 15 story B76 in Nutley, NJ, and to replace it with an energy
efficient unitized system on the corners of, and along the north and south sides of the building.
The existing glass and façade will be removed in a top-down manner and will be re-installed in the
opposite configuration from the bottom to the top. Additionally, current plans are to remove the
glass panels into the internal portion of the building where they will be staged and removed
manually utilizing carts and/or dollies. This project had a start date on or about October 1, 2007
and has an estimated completion and initial re-occupancy date of March 2009.
III. IDENTIFICATION OF PARTNERS
The following parties are signatories to this partnering agreement:
- Hoffmann–La Roche Inc. (Owner)
- Skanska USA Building, Inc. (CM – Agent for Owner)
- Essex County Building & Construction Trades Council
- Passaic County Building & Construction Trade Council
- USDOL-OSHA Parsippany Area Office
- USDOL-OSHA Hasbrouck Heights Area Office
- New Jersey Department of Labor and Workforce Development On-site Consultation Program
IV. GOALS AND STRATEGIES
The partnership's overarching goal is to prevent injuries and illnesses through a cooperative
relationship between Skanska, Essex and Passaic Counties Building Construction and Trades Councils
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. A
comprehensive and disciplined safety program will protect both project and site personnel while
minimizing disruptions to the daily operations of the building and the Nutley site. These programs
will be evaluated using Appendix D (or equivalent) during OSHA verification inspection.
Skanska will provide a full time Safety & Health Manager for the B76 Façade Replacement Project who
will maintain a comprehensive site safety and health management system that meets or exceeds the
1989 guidelines. Further, Skanska will evaluate site subcontractors' safety and health programs to
ensure that they are being maintained under the terms of this partnering agreement.
- Increase worker awareness of potential site safety and health hazards and means to protect
themselves from those hazards if they cannot be eliminated.
Skanska agrees to perform or require regular tool box talks and training required by OSHA standards.
In addition, Skanska agrees to make at least three of the following courses available to site
personnel during the course of the project:
- 10 HR construction course
- Crane safety course
- Safe rigging course
- Enhanced fall protection course
- Emergency action / Fire Prevention
- 8 HR Supervisor Skills
- 4 HR Injury Free Environment Orientation
- 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, and 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 incidents, caught-in incidents, and
electrocutions (OSHA's focused four construction hazards), plus hazards associated with removal,
staging, and transport of plate glass during construction activities.
To achieve B, C, and D 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
otherwise could result in injuries and/or illnesses.
V. PERFORMANCE MEASURES
The following performance measures will be compiled by Skanska and reported to OSHA, and will be
utilized to measure the success of the partnership:
- Aggregate number of employers 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 crane safety, fall
protection , emergency action/fire prevention, rigging, etc.
- Site TCIR, DART, DAFWII rates for each calendar year compared to the national average for NAICs
codes 236XX 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 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 investigations)
- Number of daily safety checklists conducted by on-site contractors
VI. PARTNERSHIP BENEFITS AND AGREEMENT ON OSHA STRATEGIC PARTNERSHIP (OSP) MANAGEMENT
AND OPERATIONS
OSHA and all Contractors agree to work in partnership to improve the employee safety and health at
the Roche B76 Façade Replacement 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, accident or near miss reports, primary causal
factors for 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 free onsite consultative services to partnership 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, 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.
- If citations are issued as a result of the verification inspection conducted in accordance with
Section VIII of this partnering agreement, 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 B76 Façade Replacement 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 each
subcontractor's safety and heath program on site to ensure that it is being operated under the terms
of this partnering 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 contractors and lower tier subcontractors 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
subcontractors – 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
lower 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 lower 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 partnering 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 partnering 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 Inspections
In order to determine contractor compliance with the terms of the agreement, a verification
inspection will be done within 60 days from the signing of this partnering agreement. 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
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 partnering agreement. With respect to site
safety or health hazards, the Superintendent and/or Project Safety Manager will conduct
comprehensive inspections of the entire project, with contractor involvement as agreed, as often as
necessary, but not less than once a week. The Superintendent will supplement the comprehensive
inspections with daily visual worksite inspections and other inspections as may be necessary. The
Superintendent will promptly report any findings directly to the contractor responsible 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. Skanska
will immediately deliver a copy of the non-formal complaint/referral to the Roche Project Manager.
The name of the complainant will not be revealed. Skanska agrees to promptly investigate complaints,
regardless of the employer involved, confer with Roche, 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.
- Unprogrammed 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 partnering 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 or 31 March 2009, whichever is
earlier. 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.
Signed on this 26th day of October, 2007.
Patricia K. Clark
Regional Administrator
OSHA Region II |
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Philip M. Peist
Area Director
OSHA Parsippany Area Office |
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Lisa Levy
Area Director
Hasbrouck Heights Area Office |
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Leonard Katz
Assistant Commissioner
Labor Standards and Safety Enforcement
New Jersey Department of Labor and Workforce Development |
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James N. Poliseo
Vice President-Technical Services
Hoffmann–La Roche Inc. |
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Christopher M. Cestone
Senior Vice President
Skanska USA Building, Inc. |
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Joseph Adamo
Project Manager
Hoffmann-La Roche Inc. |
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Peter Hoer
Project Manager
Hoffmann-La Roche Inc. |
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Marty Schwartz
President
Essex County Building and Construction Trades Council |
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Donald Capasso
President
Passaic County Building and Construction Trades Council |
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Aaron Gillespie
Safety Manager
Skanska USA Building, Inc. |
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APPENDIX A
Hoffmann-La Roche Inc. Building 76 Façade Replacement Project
PARTNERING AGREEMENT
Fact Sheet |
A strategic partnering agreement has been developed jointly by the United
States Department of Labor - Occupational Safety and Health Administration, Parsippany Area Office
("OSHA"), Hoffmann-La Roche Inc. ("Roche"), and 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
contractor and subcontractor; making safety and health materials available to all contractors and
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 contractors and subcontractors who have little or no regard for the safety and health of their
workers.
The agreement provides incentives to participating contractors and 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 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 you will adopt the following actions as
part of your 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 removal of the existing curtain wall and
subsequent installation of the new unitized panel façade, 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 take appropriate interim protective measures for
protection of your 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 hazards 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), and that employees complete the OSHA 10 hour
course for construction (or its equivalent)*.
* Excludes employees that can show proof they have previously completed the OSHA 10 hour course
and "short term" employees. "Short term" mean 4 weeks or less.
Philip M. Peist
Area Director
OSHA Parsippany Area Office |
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James N. Poliseo
Vice President-Technical Services
Hoffmann–La Roche Inc. |
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Christopher M. Cestone
Senior Vice President
Skanska USA Building, Inc. |
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