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OSHA Strategic Partnerships Program > Region II > #598 Partnership Agreement
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UNITED STATES COURTHOUSE PROJECT

Comprehensive Safety and Health Partnering Agreement
Between
Mascaro Construction Company, L.P.
United States Department of Labor
Occupational Safety & Health Administration
Region 2 - Buffalo Area Office
Buffalo Building and Construction Trades Council, AFL-CIO
and
New York State Department of Labor
Division of Safety and Health
On-Site Consultation Program
Construction Workers
Mascaro Construction Company, L.P. New York State Department of Labor

Building and Construction Trades Council of Buffalo, New York and Vicinity Occupational Safety and Health Administration

Table of Contents

Section 1.0 Background
Section 2.0 Project History
Section 3.0 Goals and Objectives
Section 4.0 Environmental, Health & Safety (EH&S) Performance Criteria
Section 5.0 Measurement and Evaluation of Performance
Section 6.0 Communication of Results
Section 7.0 Employee Involvement and Employer/Employee Rights
Section 8.0 OSHA Inspections and Investigations
Section 9.0 Incentives
Section 10.0 New York State Department of Labor 21(d) Consultation Services
Section 11.0 Termination of Partnership Agreement
Section 12.0: Signatures

Appendix A: Template of Partnership Annual Evaluation Report
Appendix B: Subcontracts as Schedule J


1.0 Background

In an effort to eliminate serious hazards and achieve a high level of worker safety and health on the United States Courthouse Building Project, Mascaro Construction Company, L.P. and the above named groups have developed a comprehensive partnering agreement. Participants include project stakeholders from government, industry employers, 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 project to construct a new Federal Courthouse in Buffalo, NY, it is projected that this partnership agreement will foster a sustainable working relationship between OSHA, Mascaro Construction Company, L.P., the Buffalo Building and Construction Trades Council, AFL-CIO and the construction trade unions and the New York State Department of Labor On-site Consultation Program.

This partnering agreement shall be limited to the Mascaro Construction Company, L.P., OSHA Buffalo Area Office, the NYS Department of Labor Consultation Program, the Buffalo Building and Construction Trades Council AFL-CIO and those contractors/subcontractors who have agreed to participate. It is anticipated that at the peak of this project, Mascaro Construction Company, L.P. and approximately 20 contractors/subcontractors will employ over 200 trades employees.

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, it allows for innovation in safety and health management, and it encourages more participation in the safety and health process from the construction/trade association communities.

2.0 Project History

Mascaro Construction Company, L.P. is a commercial construction company headquartered in Pittsburgh, PA, with a workforce of approximately 150 employees. Mascaro Construction Company, L.P. is an experienced construction contractor having 19 years of experience in commercial, governmental and public construction.

Mascaro Construction Company, L.P. is the general contractor for the United States Courthouse Project in Buffalo, NY. This Project will start in October 2007 and is scheduled to be completed by December 2010.

During construction, Mascaro Construction Company, L.P. will provide the administration, management and coordination of construction contract(s) and monitor compliance with construction environmental, health, and safety practices. This includes federal, state, local, project and owner rules and regulations.

3.0 Goals and Objectives

The goals of this program are to: develop a contractor/government partnership that will encourage local construction contractors to improve their safety and health performance; assist them in obtaining the objectives listed below; improve accountability from all levels of the project; strive for the elimination of serious accidents, including the four primary construction hazards (falls, electrical, caught in/between, and struck-by); increase employee training; increase craft involvement and recognize those contractors with exemplary safety and health programs.

The objectives include:
    3.1 Reducing the number of conditions that have the potential to result in worker injury/illness, property damage, and environmental impact to the lowest reasonable level;

    3.2 100% compliance with project-required incident prevention activities;

    3.3 Zero fatalities;

    3.4 Abating hazards that are identified from weekly safety and health inspections and institute corrective measures to prevent reoccurrence;

    3.5 To have 100% of all supervisory employees on this project trained with, at minimum, a 30-hour Occupational Safety and Health Course for the Construction Industry prior to working on this project;

    3.6 To have 100% of all non-supervisory labor employees on this project trained with, at minimum, a 10-hour Occupational Safety and Health Course for the Construction Industry within 2 weeks of the employee starting work on this project;

    3.7 Zero 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 (except for employees working off ladders or performing work which falls under the scope of Subpart R of 29 CFR 1926);

    3.8 Project DART and TCIR rates which are below the 2006 BLS national average for "Specialty Trade Contractors", NAICS code 238. The 2006 DART and TCIR rates for NAICS code 238 are 3.5 and 6.3, respectively. These are the rates which will be used to benchmark the project and will be considered to be the baseline injury and illness rates for which subsequent years will be compared;

    3.9 Conducting a gap analysis of all participating subcontractors' site-specific safety and health programs and, through resource sharing, enhance these programs to meet the Partnership Agreement performance criteria and compliance with Mascaro's Project Safety Rules. "Gap analysis" is the difference between the subcontractor's site-specific safety and health programs and Mascaro Construction Company's Project Safety Requirements for work procedures each contractor is to perform. Mascaro Construction Company will evaluate each subcontractor's site-specific safety and health program to determine if it satisfies the required safety and health performance criteria for the site and Mascaro's Project safety Requirements prior to subcontractor's commencement of onsite activities. Mascaro Construction Company will identify subcontractor safety and health programs that are lacking any of the site safety and health performance criteria requirements and require subcontractors to update or improve their Site Specific Safety Programs. At minimum, each contractor's site-specific safety and health programs will include: management commitment and meaningful employee involvement, worksite analysis, hazard prevention and control and safety and health information and training for all supervisors and employees. Additional subcontractor safety requirements have been included in the Subcontracts as Schedule J and attached hereto as Appendix B;

    3.10 Effective communication of workplace safety and health policies and procedures by various means including weekly foremen and craft safety meetings. These meetings will serve as a forum to discuss any unresolved safety and/or health issues as well as to discuss future work activities. Effective engineering controls, administrative controls or work practice controls to be implemented to eliminate or minimize safety or health hazards will be discussed at these meetings;

    3.11 Jobsite inspections, as specified in the Environmental, Health and Safety (EH&S) Performance Criteria section of this agreement, will be performed by each respective subcontractor in an effort to identify and eliminate hazards with an emphasis on reducing injuries resulting from the four focused construction hazards (falls, struck-by, caught-in\between, and electrical hazards). Each subcontractor will also be required to have their respective company safety officer audit their project activities at least once a month and attend a project meeting (foremen's or project managers') to stay abreast of project activities and pre-plan for future work;

    3.12 Abating hazards that are identified from the frequent and regular inspections as specified in the Environmental, Health and Safety (EH&S) Performance Criteria section of this agreement and institute corrective measures to prevent reoccurrence;

    3.13 Fostering a positive and mutually beneficial working relationship between Mascaro Construction Company, L.P., OSHA, subcontractors, the building and construction trades, employees working on the Project, the New York State Department of Labor On-site Consultation Program and other entities involved in this project;

    3.14 Partnering with all Project participants for the betterment of construction safety and health on the United States Courthouse Project.
4.0 Environmental, Health and Safety (EH&S) Performance Criteria
    4.1 Mascaro Construction Company, L.P. will establish the following:

      4.1.1 Pre-Construction "Kick-off" Meetings - Mascaro Construction Company, L.P. shall develop a written, comprehensive, site-specific environmental, health, and safety program which is specific to this project. Prior to the start of construction work, Mascaro Construction Company, L.P. shall conduct a pre-construction "kick-off" meeting with each successful subcontractor which shall include discussion regarding requirements for the successful bidder to integrate Mascaro Construction Company's safety, health and environmental policy into their standard safety and health programs and performance expectations. OSHA representatives will be invited and encouraged to attend all "kick-off" meetings to support Mascaro in its efforts to communicate and establish an effective Project Safety and Health Program;

      4.1.2 Weekly Foremen's Meetings - Mascaro Construction Company, L.P. shall hold a weekly meeting with all Foremen to discuss site safety and health issues and pre-plan for future work activity on the Project;

      4.1.3 Daily "safety huddles" and Weekly "tool box" talks – Mascaro Construction will require all subcontractors to conduct daily "safety huddles" between the foreman and their respective crews to discuss the day's activities and how to perform the work safely. Each subcontractor will also be required to conduct weekly ‘toolbox" safety talks with their entire crew for additional safety training, review of JSA's, MSDS or other additional training. All workers will be encouraged to discuss safety concerns or ways to improve safety on the project. Mascaro will require adequate proof of this training and monitor its effectiveness;

      4.1.3 Quarterly Status Meetings - Mascaro Construction Company, L.P. shall hold quarterly project safety and health meetings to discuss program status and participant performance. Representatives from OSHA, the Buffalo Building and Construction Trades Council and/or the New York State Department of Labor On-Site Consultation Program are welcome to attend these meetings and will be invited. Those contractors and/or employees demonstrating exceptional safety and health leadership or performance will be recognized at these meetings;

      4.1.4 Qualified Safety and Health Representatives - Mascaro Construction Company, L.P.'s on-site project management team and its Safety Director shall administer this Partnership and the project safety and health program. They will have successfully completed, at minimum, a 30-hour Occupational Safety and Health Course for the Construction Industry, CPR and first aid training. However, successful completion of this course does not assure that the person meets the definition of a "competent person" in the OSHA regulations;

      4.1.6 Project-specific Environmental, Health and Safety Program Guidelines - Mascaro Construction Company, L.P. shall develop a project-specific environmental, health and safety program to be used as a baseline for contractor programs to meet or exceed. This program shall incorporate the following minimum elements:

      1. Fall exposure potential greater than six feet requires 100% fall protection (except when working off ladders or performing work which falls within the scope of 29 CFR 1926 Subpart R)
      2. Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project
      3. All persons working on or visiting this project will be required to wear, at minimum, ANSI Z87.1-approved eye protection, head protection and foot protection at all times (except when in jobsite trailers). Employees will be required to wear sturdy hard-soled boots providing adequate ankle support rather than just safety shoes. If a job safety analysis (JSA) indicates that a foot hazard exists which necessitates a higher level of foot protection (e.g., safety shoes with steel-toe, composite-toe, or metatarsal protection, then it shall be required to be worn by all employees exposed to such hazards)
      4. All cranes and hoists will be 3rd party inspected and certified safe prior to use
      5. Management commitment and meaningful employee involvement
      6. Worksite safety and health analysis
      7. Hazard prevention and control and
      8. Site-specific safety and health training;
      4.1.7 Weekly Safety and Health Audits - Mascaro Construction Company, L.P. shall conduct and document weekly safety and health audits to assess project and subcontractor conformance to Project Safety Requirements;

      4.1.8 Training - Mascaro Construction Company, L.P. shall help 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 site-specific environmental, health and safety management system. This will include the methods and contact personnel that employees can utilize to report 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 an alternative to filing complaints with OSHA. Mascaro Construction Company, L.P. shall document, for reporting to OSHA all training done pursuant to meet the requirements of this partnership agreement, the number of training sessions held, the subject matter of the training performed, the training hours conducted for each training session as well as the total for the project, and the number of employees successfully completing each training session. Additionally, Mascaro Construction Company, L.P. shall perform spot checks of contractors to assure that they are meeting the training requirements specified in this partnership agreement;

      4.1.9 Incident Record Keeping Database - Mascaro Construction Company, L.P. shall maintain a project OSHA-300 Log (or equivalent database). This shall be maintained in accordance with 1904.19 and shall include the work of Mascaro employees as well as all subcontractors on the project and will include the cumulative hours worked for the project;

      4.1.10 Safety and Health Incentive Program - Mascaro Construction Company, L.P. will implement a health and safety incentive program to assist in fostering a safe work environment. Individual employers and employees will be rewarded with incentives for demonstrating excellence in safety and health.
    4.2 Project Contractors' Roles

      4.2.1 Site-Specific Environmental, Health and Safety Program - All subcontractors shall develop and submit for review to representatives of Mascaro Construction Company, L.P., a site-specific environmental, health and safety program. Any deficiencies noted by the gap analysis performed shall be corrected prior to starting work on the project. Mascaro Construction Company, L.P. will collect and review plans for compliance;

      4.2.2 Risk Assessment - Each subcontractor shall be required to conduct a comprehensive risk assessment of their work prior to the start of the operation and incorporate the findings of the assessment into the project site-specific environmental, health and safety program;

      4.2.3 New Hire Safety Orientation - All contractors shall provide new hire employees with project-specific safety and health information and instructions prior to starting work;

      4.2.4 Daily Task-specific and 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 will allow an OSHA representative to attend any of these meetings if requested by OSHA;

      4.2.5 Qualified Safety and Health Representatives - All contractors having 5 or more employees shall assign a qualified safety and health representative to oversee and administer their safety and health program while working on this project. All qualified safety and health representatives will have completed, at a minimum, a 30-hour Occupational Safety and Health Course for the Construction Industry;

      4.2.6 Daily and Weekly Safety and Health Inspections - All subcontractors shall conduct daily and weekly inspections of their work area(s) to assess compliance with all site-specific environmental, health and safety requirements and with OSHA standards. Weekly inspections shall be comprehensive in nature documented and submitted to Mascaro. Any hazards identified shall be immediately corrected. The number and type of hazards identified from either daily or weekly inspections shall be documented. No outstanding non-compliance issues shall be allowed to carry over into the subsequent week's inspections and shall be corrected as soon as feasible;

      4.2.7 Safety and Health Training - All contractors shall provide on-going safety and health training to workers that address new projects, tasks, or processes. At a minimum, foremen shall have attended a 30-hour Occupational Safety and Health Course for the Construction Industry. Additionally, each contractor will require that all workers have successfully completed the 10-hour Occupational Safety and Health Course for the Construction Industry prior to starting work on this project or, in the alternative, within two (2) weeks of their starting work on this project. The Buffalo Building Trades Council, AFL-CIO will provide qualified referrals who have completed the 10 Hour training. Contractors will be responsible for ensuring that this training requirement is met for their respective foremen, supervisors, superintendents and employees;

      4.2.8 Recordkeeping/Documentation - All contractors shall maintain documentation of all safety and health activities described herein and provide copies of same to Mascaro Construction Company, L.P.. This documentation is to include, at minimum, injury/illness data, number of hours worked on the project for all employees, number of daily and weekly inspections performed, number of hazards identified, number of hazards corrected, types of hazards identified, number of hazards not corrected, number of training sessions held including toolbox talks and the number of employees attending each training session. 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 Mascaro Construction Company, L.P. at least quarterly.
    4.3 OSHA's Role

      4.3.1 Program Evaluation - Provide initial and continued review and evaluation of Mascaro Construction Company, L.P.'s compliance with the partnership agreement;

      4.3.2 Incident Trend Analysis - Provide feedback on incident trends and patterns as needed;

      4.3.3 Access to Training Resources – Supporting Mascaro training efforts by providing training resources and personnel when requested and assist in securing cost-effective training resources for partnership agreement participants;

      4.3.4 Interpretation of OSHA Standards - Clarify the intent of OSHA standards and resolve conflicts of interpretation with assistance from the Office of Construction Standards and OSHA Compliance Assistance;

      4.3.5 Health Risk Assessment – OSHA will provide assistance when requested with health risk assessment. This assistance will include on-site sampling for hazardous materials. On-site sampling will be coordinated with Mascaro Construction Company, L.P. to maximize characterization of various tasks and operations. Sampling will be conducted during monitoring inspections that will be coordinated with Mascaro and be in addition to the verification inspections described below. Note: This sampling is intended to supplement, not replace, Mascaro's own sampling programs, such as those required by standards and/or contract;

      4.3.6 Compliance strategies - Provide input on compliance strategies as proposed by program participants;

      4.3.7 Employer Incentives - Extend special recognition to partnership agreement employers that voluntarily improve their safety and health performance. Consideration shall include "limited scope" focused inspections, maximum good-faith recognition with respect to penalty reduction, and off-site consultation and training;

      4.3.8 Attendance at Safety and Health Meetings - OSHA representatives will periodically attend site safety and health meetings.
    4.4 Craft Labor's Role

      4.4.1 Environmental, Health and Safety Field Performance - Comply with all project environmental, health and safety requirements relative to work assignments as a condition of employment;

      4.4.2 Personal Protective Equipment and Apparatuses – Properly use, care for and maintain all personal protective equipment provided for the workers protection and not destroy, alter or remove any guard or other safety device or apparatuses;

      4.4.3 Safe Work on Demand – Notify their immediate supervisor and Mascaro's project supervision of any safety concern. If not addressed, refuse any work assignment that violates the project Environmental, Health and Safety requirements;

      4.4.3 Quarterly Environmental, Health and Safety Meetings - Attend and participate in quarterly meetings that are held by Mascaro Construction Company, L.P with OSHA. Provide input on environmental, health and safety as related to specific trade/skill areas of expertise;

      4.4.4 Partnership Representation - Designate representative(s) to provide input in all partnership agreement initiatives;

      4.4.5 Substance Abuse – Support Mascaro's efforts to establish and maintain an alcohol and "drug-free" project including pre-hire, accident (personal injury or property damage), near miss incidents, random and probable cause, alcohol and substance abuse testing
5.0 Measurement and Evaluation of Performance
    5.1 Mascaro Construction Company, L.P. will compile and track a monthly summary of contractor injury and illness performance statistics at the job site. This data will be compared to Mascaro Construction Company, L.P. historical data, the historical data (if available) of the participating employers, and national data for comparison and evaluation;

    5.2 Mascaro Construction Company, L.P. will collect documentation from contractors in order to ensure procedural performance of project requirements;

    5.3 Within ninety (90) days of the initiation of this partnership agreement OSHA and Mascaro Construction Company, L.P. shall conduct a verification inspection of the project. This verification inspection will determine partnership compliance with the terms of this agreement and include a comprehensive review of the project's Environmental, Health and Safety Program, and is further described in Section 8.1.5 of this Partnership Agreement;

    5.4 At the end of each quarter, Mascaro Construction Company, L.P. will compile and submit to the Buffalo Area OSHA Office 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. A template partnership evaluation report is attached as Appendix A to this agreement;

    5.5 At the end of this Partnership, OSHA and Mascaro Construction Company, L.P. shall conduct a final review of the partnership through an inspection of the project similar to the inspection outlined in paragraph 5.3 above.
6.0 Communication of Results

MASCARO CONSTRUCTION COMPANY, L.P. will publish a monthly status report to document partnership agreement status and progress. The signatories or their designated representative(s) will meet at least quarterly to review partnership agreement status and progress with respect to meeting the objectives listed in Section 3.2.i. through viii. This meeting will take place at the Buffalo Federal Courthouse Project site.

7.0 Employee Involvement and Employer/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, effected by this partnership have been consulted and encouraged to suggest improvements and further enhancements of this partnership. All employee, trade organization, and union involvement in this Partnership will be documented by Mascaro Construction Company, L.P.

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, nor does it abrogate, expand, broaden or alter any responsibility to comply with rules and regulations adopted pursuant to the Act.

8.0 OSHA Inspections and Investigations
    8.1 It is Mascaro Construction Company, L.P.'s goal to eliminate site safety and health hazards that have the potential for injury or illness in accordance with this partnership agreement. Mascaro Construction Company, L.P., or its representatives, will conduct comprehensive safety and health reviews and audits. If any site contractor, under the control and direction of Mascaro Construction Company, L.P., does not meet the terms of this partnership agreement, they may be subject to traditional enforcement action by OSHA;

    8.2 Programmed Inspections – OSHA will not conduct a Programmed Inspection of a partnering employer if OSHA has conducted a Verification Inspection, as described in Section 8.0 of this Partnership Agreement, within the twelve month period preceding the initiation of such an inspection;

    8.3 Unprogrammed Inspections - Mascaro Construction Company, L.P. 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, 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;

    8.4 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 Mascaro Construction Company's field office/trailer or to their main Pittsburgh office. The name of the complainant will not be revealed. Mascaro Construction Company, L.P. agrees to promptly investigate complaints, regardless of the employer involved, and provide OSHA with a written response within two days for non-formal complaints/referrals alleging a serious hazard, and within three days 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;

    8.5 On-site Verification - In order to qualify for partnership, OSHA will conduct a verification inspection of the project pursuant to paragraph 5.3 within 90 days of the signing of this agreement and annually thereafter. This verification will determine Mascaro Construction Company, L.P. and contractor compliance with the terms of this agreement. It will also include a comprehensive review of each onsite subcontractor's safety and health program for its effectiveness in eliminating the four major construction hazards (falls, electrical, caught in/between and struck-by hazards). Any serious hazards identified during the verification inspection including hazards relating to the four hazards outlined above may result in the issuance of citations and penalties. Subcontractors who are determined, either by Mascaro Construction Company, L.P. or OSHA, to be outside the aforementioned criteria for inclusion in this partnership agreement will be subject to traditional OSHA inspections and enforcement actions;

    8.6 Follow-up Inspections - If sufficient verification of abatement is not received for any citations issued, OSHA may conduct a follow-up inspection to verify abatement.
9.0 Incentives
    9.1 Following an OSHA on-site enforcement verification, participating contractors at this site will be deleted from the programmed inspection list for 12 months from the verification inspection;

    9.2 No penalties will be assessed for other-than-serious violations (except for regulatory violations [e.g., 29 CFR Part 1903 and 1904]), provided they are abated the same day as the inspection;

    9.3 If citations are issued as a result of an on-site enforcement inspection, when calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the 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 OSH 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.
10.0 New York State Department of Labor 21(d) Consultation Services

The New York State Department of Labor On-Site Consultation Program will provide resources as necessary and available to support the priority training and technical assistance needs of the participants of this partnership. Such assistance, which is provided only at the request of the employer, may be in the form of onsite or off-site safety and/or health consultations. All consultation findings will be kept confidential, so long as the employers agree to correct any serious hazards that may be identified. There are no costs to the employer for the assistance provided by the On-site Consultation Program under this agreement.

11.0 Termination of Partnership Agreement

This agreement will terminate on December 31, 2010. 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. Either party may also propose modification or amendment of the agreement.

For non-signatory participants of the strategic partnership, OSHA may terminate the participant's involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with a written notice of the intent to withdraw to OSHA.

12.0 Signature

Signed this 26th day of October 2007.

 
Mascaro Construction Company, L.P.    




__________________________________
John C. Mascaro, Jr.
President & CEO		      




__________________________________
Paul R. Naim, Esq.
Corporate Counsel and Risk Manager		      


Occupational Safety and Health Administration		    




__________________________________
Patricia K. Clark
Region 2 Regional Administrator		      




__________________________________
Arthur J. Dube
Area Director, Buffalo Area OSHA Office		      


New York State Department of Labor On-Site Consultation Program		  




__________________________________
Greg Conrad
Supervising Safety and Health Inspector		      


Buffalo Building and Construction Trades Council, AFL-CIO		  




__________________________________
Paul Brown
President		      

 
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


 
Appendix A
Template of Partnership Annual Evaluation Report

OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
 
Cover Sheet
 
Partnership Name


 
 
Purpose of Partnership



 
Goals of Partnership
Goal Strategy Measure
     
     
     
     
     
Anticipated Outcomes




 
 
Strategic Management Plan Target Areas (check one)
Construction   Manufacturing Amputations  
Non-Construction      
Strategic Management Plan Areas of Emphasis (check all applicable)
Amputations in Construction   Oil and Gas Field Services  
Blast Furnaces and Basic Steel Products   Preserve Fruits and Vegetables  
Blood Lead Levels   Public Warehousing and Storage  
Concrete, Gypsum and Plaster Products   Ship/Boat Building and Repair  
Ergo/Musculoskeletal   Silica-Related Disease  
Landscaping/Horticultural Services      
 
Section 1 General Partnership Information
 
Date of Evaluation Report  
Evaluation Period
Start Date   End Date  
 
Evaluation Contact Person  
Originating Office  
 
Partnership Coverage
# Active Employers   # Active Employees  
 
Industry Coverage (note range or specific SIC and NAICS for each partner)
Partner SIC NAICS
     
     
     
     
     
     
     
     
 
Section 2 Activities Performed
 
Note whether an activity was required by the OSP and whether it was performed
  Required Performed
a. Training    
b. Consultation Visits    
c. Safety and Health Management Systems Reviewed/Developed    
d. Technical Assistance    
e. VPP-Focused Activities    
f. OSHA Enforcement Inspections    
g. Offsite Verifications    
h. Onsite Non-Enforcement Interactions    
i. Participant Self-Inspections    
j. Other Activities    
 
2a. Training (if performed, provide the following totals)
Training sessions conducted by OSHA staff  
Training sessions conducted by non-OSHA staff  
Employees trained  
Training hours provided to employees  
Supervisors/managers trained  
Training hours provided to supervisors/managers  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2b. Consultation Visits (if performed, provide the following total)
Consultation visits to partner sites  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2c. Safety and Health Management Systems (if performed, provide the following total)
Number of systems implemented or improved using the 1989 Guidelines as a model  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2d. Technical Assistance (if performed, note type and by whom)
  Provided by OSHA Staff Provided by Partners Provided by Other Party
Conference/Seminar Participation      
Interpretation/Explanation of Standards or OSHA Policy      
Abatement Assistance      
Speeches      
Other (please specify)      
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2e. VPP-Focused Activities (if performed, provide the following totals)
Partners/participants actively seeking VPP participation  
Applications submitted  
VPP participants  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2f. OSHA Enforcement Activity (if performed, provide the following totals for any programmed, unprogrammed, and verification-related inspections)
OSHA enforcement inspections conducted  
OSHA enforcement inspections in compliance  
OSHA enforcement inspections with violations cited  
Average number of citations classified as Serious, Repeat, and Willful  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2g. Offsite Verification (if performed provide the following total)
Offsite verifications performed  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2h. Onsite Non-Enforcement Verification (if performed provide the following total)
Onsite non-enforcement verifications performed  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2i. Participant Self-Inspections (if performed provide the following totals)
Self-inspections performed  
Hazards and/or violations identified and corrected/abated  
Comments/Explanations (briefly describe activities, or explain if activity required but not performed)





 
 
2j. Other Activities (briefly describe other activities performed)





 
 
Section 3 Illness and Injury Information
 
Year Hours Total Cases TCIR # of Days Away from Work Restricted and Transferred Activity Cases DART
2007          
2008          
2009          
Total          
Three-Year Rate (2007-2009)      
BLS National Average for 2006 (NAICS Code 238) 6.3   3.5
Baseline     6.3   3.5
 
Comments








 
 
Section 4 Partnership Plans, Benefits, and Recommendations
 
Changes and Challenges (check all applicable)
  Changes Challenges
Management Structure    
Participants    
Data Collection    
Employee Involvement    
OSHA Enforcement Inspections    
Partnership Outreach    
Training    
Other (specify)    
Comments





 
 
Plans to Improve (check all applicable)
  Improvements N/A
Meet more often    
Improve data collection    
Conduct more training    
Change goals    
Comments





 
 
Partnership Benefits (check all applicable)
Increased safety and health awareness  
Improved relationship with OSHA  
Improved relationship with employers  
Improved relationship with employees or unions  
Increased number of participants  
Other (specify)  
Comments





 
 
Status Recommendation cCheck one)
Partnership Completed  
Continue/Renew  
Continue with the following provisions:  




 
Terminate (provide explanation)  




 
 
APPENDIX B
Subcontracts as Schedule J





 
 
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Occupational Safety & Health Administration
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 Page last updated: 11/19/2007