|
Region II > #594 Partnership Agreement |
 Printing Instructions |
NEW YORK JETS NEW TRAINING FACILITY
FLORHAM PARK, NEW JERSEY
PARTNERSHIP AGREEMENT
BETWEEN
HUNTER ROBERTS CONSTRUCTION GROUP
AND
FLORHAM PARK DEVELOPMENT LLC.,
AND
MORRIS COUNTY BUILDING AND CONSTRUCTION
TRADES COUNCIL
AND
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
PARSIPPANY, NJ AREA OFFICE
AND
THE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT ON-SITE CONSULTATION SERVICE
 |
I. PURPOSE AND SCOPE
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on
the New York Jets New Training Facility, Hunter Roberts Construction Group (Hunter Roberts) and the
signatory groups have developed a comprehensive partnering agreement. Participants include project
stakeholders from the assets owner, 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 NY Jets New Training Facility Project, it is projected that this partnership agreement will
foster a sustainable working relationship between OSHA, Hunter Roberts, the Morris County Building
and Construction Trades Council and New Jersey area contractors.
This partnering agreement shall be limited to the OSHA Parsippany Area Office, Hunter Roberts, the
Morris County Building and Construction Trades Council 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 council and its
affiliates.
II. PROJECT HISTORY
The construction of the NY Jets New Training Facility project at Florham Park, New Jersey is being
managed by Hunter Roberts Construction Group. Hunter Roberts is proud of the important role as the
Construction Manager for Florham Park Development LLC and the New Jersey Sports and Exhibition
Authority (landowner) on their project.
Hunter Roberts Construction Group has currently started initial site preparation, and site layout
for the new facility which will be located on a former Exxon research site that is being redeveloped
by a partnership of Gale and the Rockefeller Group. The 27-acre site will house a two-story campus
building containing both training facilities for the players and the corporate headquarters for the
entire New York Jets organization. Attached to the campus building is a clear span field house,
housing a full artificial turf practice field with adequate headroom for practice for the team’s
“special teams”. Adjacent to the campus building are three natural turf fields and an additional
artificial turf field, as well as parking, storm water retention, and equipment shed for the field
maintenance equipment. During the next phase of the project, Hunter Roberts Construction Group will
be providing construction management services.
This project has an estimated completion date of September 2008, and Florham Park Development LLC
will be the final owner of the site assets only, with New Jersey Sports and Exhibition Authority
being the land owner/lessee for this property. The New York Jets, LLC will be the sole tenant of the
new facility.
III. IDENTIFICATION OF PARTNERS
The following parties are signatories to this partnership:
- Hunter Roberts Construction Group
- Morris County Building Construction Trades Council
- USDOL-OSHA Parsippany 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 reduce injuries and illnesses through a cooperative
relationship between Hunter Roberts, Morris County Building Construction and Trades Council 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 OSHA verification
inspection.
Hunter Roberts Construction Group will maintain a comprehensive site safety and health management
system that meets or exceeds the 1989 guidelines. Further, Hunter Roberts Construction Group will
evaluate site subcontractors’ safety and health programs to ensure that they are being maintained
under the terms of this partnership agreement.
- Increase worker awareness of site safety and health hazards and means to protect themselves from
those hazards.
Hunter Roberts Construction Group agrees to perform or require regular tool box talks and training
required by OSHA standards. In addition, Hunter Roberts Construction Group agrees to make at least
three of the following courses available to site personnel during the course of the project:
- Defensive driving course recognized by the National Safety Council
- NFPA 70(e)
- Crane safety course
- Safe rigging course
- Enhanced fall protection course
- 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 incidents, and
electrocution (OSHA’s focused four construction hazards) and a primary health hazard associated with
silica exposure during construction activities.
To achieve B and C above, Hunter Roberts Construction Group 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.
V. PERFORMANCE MEASURES
The following performance measures will be compiled by Hunter Roberts Construction Group, and
reported to OSHA and will be utilized 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 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 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 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
during the construction of the NY Jets New Training Facility 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, 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 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, 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 conduct 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.
- Hunter Roberts 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 NY Jets New Training Facility 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. Hunter Roberts 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
Hunter Roberts 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 Hunter Roberts with questions and Hunter Roberts 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 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 the partnership 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
The Hunter Roberts 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. Superintendent 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 Hunter Roberts Construction
Group project office. The name of the complainant will not be revealed. Hunter Roberts Construction
Group 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.
- Unprogrammed Inspections
Hunter Roberts Construction Group 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 Hunter Roberts Construction Group 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, Hunter Roberts 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 on October 18, 2010, (which is
three years from the date of the signing), 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 18 day of October, 2007.
Patricia K. Clark
Regional Administrator
OSHA Region II |
|
Bill Senn
Senior VP, Design & Construction
Florham Park Development LLC |
|
Philip M. Peist
Area Director
OSHA Parsippany Area Office |
|
Christopher J. Hughes
Project Superintendent
Hunter Roberts |
|
Leonard Katz
Assistant Commissioner
Labor Standards and Safety Enforcement
New Jersey Department of Labor and Workforce Development |
|
Patrick J. Duffy
Project Executive
Hunter Roberts |
|
Joseph Krawchuk
Business Agent
Morris County Building and Construction Trades Council |
|
William Rose
Safety Director
Hunter Roberts |
|
Anthony C. Lopez
Superintendent
Hunter Roberts |
|
|
|
APPENDIX A
NEW YORK JETS TRAINING FIELD PROJECT
PARTNERSHIP AGREEMENT
Fact Sheet |
A strategic partnership agreement has been developed jointly by the United States Department of
Labor - Occupational Safety and Health Administration, Parsippany Area Office (“OSHA”), and the
Hunter Roberts. 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 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, Hunter Roberts 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 Hunter Roberts 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 Hunter Roberts Construction Group 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 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 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
Philip M. Peist
Area Director
OSHA Parsippany Area Office |
|
Patrick J. Duffy
Project Executive
Hunter Roberts |
|
|
|
Back to Top
