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Region II > #599 Partnership Agreement |
 Printing Instructions |
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
MANHATTAN AREA OFFICE,
THE NEW YORK STATE DEPARTMENT OF LABOR
DIVISION OF SAFETY AND HEALTH
ON-SITE CONSULTATION PROGRAM,
THE BUILDING AND CONSTRUCTION TRADES COUNCIL,
THE BUILDING TRADES EMPLOYERS ASSOCIATION,
THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC.,
and
TORCON, INC.
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1.0 Background
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on
the Federal Aviation Administration – Air Traffic Control Tower Project at LaGuardia Airport, Torcon
Inc. and the above named groups have developed a comprehensive partnering agreement. Participants
include project stakeholders from government, industry employers, labor, and trade associations.
This partnering agreement will facilitate the process of: identifying project health and safety
performance goals; developing plans for achieving those goals; cooperation in hazard control
implementation; measuring and establishing a vehicle to communicate the successes; and ultimately
learning from the process. Beyond the confines of the FAA - ATCT Project, it is projected that this
partnership agreement will foster a sustainable working relationship between OSHA, Torcon, the New
York State Department of Labor On-Site Consultant Program, The Building and Construction Trades
Council, the General Contractors Association of NY and New York City area subcontractors.
This partnering agreement shall be limited to Torcon Inc., OSHA's Manhattan Area Office (OSHA), the
New York State Department of Labor Division of Safety and Health On-Site Consultation Program (NYS
Consultation), the Building and Construction Trades Council (BCTC), the Building Trades Employers
Association (BTEA), the General Contractors Association of NY (GCANY) and the associated employers
who have agreed to participate. It is anticipated that at the peak of this project, Torcon and its
subcontractors will employ approximately fifty-five (55) 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,
innovation in safety and health management, and encourages more participation in the safety and
health process from the construction/trade association communities.
The Federal Aviation Administration, as the project owner, fully agrees with and supports the safety
initiatives and goals as set forth in this Partnership Agreement.
2.0 Definitions
DART: Days away from work, restricted work activity, or job transfer
Investigations: The procedure for responding to non-formal complaints described in OSHA's Field
Inspection Reference Manual. This procedure mandates that OSHA contact an employer and inform them
of the safety and/or health hazards that are alleged, by a complainant, to exist in that employer's
workplace. OSHA then faxes a copy of the allegations to the employer. The employer must
satisfactorily respond to the allegations within five calendar days, or an OSHA enforcement
inspection may be initiated.
TCIR: (Total Case Incident Rate) This injury and illness rate is calculated by dividing the number
of lost worktime events by the total number of employee hours worked, and then multiplying by
200,000. The resultant rate reflects the injury and illness rate per 100 full-time workers.
Other-than-Serious Violations: This type of violation references situations where the most serious
injury or illness that would be likely to result from a hazardous condition cannot reasonably be
predicted to cause death or serious physical harm to exposed employees but does have a direct and
immediate relationship to their safety and health.
Qualified Safety and Health Representative: For the purpose of this Partnership only, a Qualified
Safety and Health Representative will, as a minimum, be certified in the OSHA 30-hour Construction
Course, or have substantial construction safety and health experience.
Serious Violations: Section 17(k) of the Act provides " . . . a serious
violation shall be deemed to exist in a place of employment if there is a substantial probability
that death or serious physical harm could result from a condition which exists, or from one or more
practices, means, methods, operations, or processes which have been adopted or are in use, in such
place of employment unless the employer did not, and could not with the exercise of reasonable
diligence, know of the presence of the violation."
Verification Inspection: A limited scope inspection that will normally focus on the following areas:
a comprehensive review of the required safety and health programs and a site review of Fall,
Struck-by, Electrocution, and Caught-Between hazards.
Voluntary Protection Programs: The Voluntary Protection Programs (VPP) promotes effective
worksite-based safety and health. In the VPP, management, labor, and OSHA establish cooperative
relationships at workplaces that have implemented a comprehensive safety and health management
system. Approval into VPP is OSHA's official recognition of the outstanding efforts of employers and
employees who have achieved exemplary occupational safety and health.
Voluntary Protection Program Participants Association: The Voluntary
Protection Program Participants Association (VPPPA) promotes the benefits of cooperative programs among employees, management and labor
through educational and outreach services, as well as an active government affairs program.
Educational opportunities include workshops, conferences and presentations throughout the United
States. Outreach programs include the Association's quarterly magazine The
Leader, electronic newsletters, the VPPPA Mentoring Program and the VPPPA Web site.
3.0 Project History
Torcon Inc is a leading construction management company in metropolitan New York City area with over
40 years of experience in construction. Torcon has a workforce of over two-hundred & fifty (250)
employees, is involved in various construction projects, and is headquartered in the metropolitan
New York City area.
Torcon is the Construction Manager for the new LaGuardia (LGA) Airport Traffic Control Tower (ATCT)
facility for the Federal Aviation Administration.
- The Project consists of a nineteen (19)-story Air Traffic Control Tower, a two (2) story
administrative base building with a basement and a one (1) story environmental support building
for use as the new LaGuardia ATCT facility by the Federal Aviation Administration. Site utilities,
finish grading, paving, hardscape, landscaping, communication ductbank, communication cable
installation and relocation of existing utilities are all part of the scope.
- The ATCT will be a cast-in-place and precast concrete structure with steel framing in the upper
half of the ATCT. The top of the ATCT is a steel framed control cab used to house air traffic
controllers.
- The administrative base building will house sensitive electronic equipment, monitoring and
control systems equipment, administrative office areas, and ancillary support spaces, including a
basement with electrical, mechanical, boiler and chiller rooms.
- The environmental support building will house the engine generator sets, incoming electric
power main switchgear, Uninterruptible Power Source [UPS] systems and related electrical
equipment.
- Construction for this project will commence in the first quarter of 2007 and is scheduled to be
completed in the first quarter of 2009. During construction, Torcon will provide the
administration and coordination of construction subcontract(s) and ensure compliance with
construction environmental health and safety practices. This includes federal, state, local and
project and owner rulers and regulations.
4.0 Partnership Goals and Objectives
The goals of this program are to develop a contractor/government partnership that will encourage
local construction subcontractors involved in the project to improve their safety and health
performance; assist them in obtaining the objectives listed below; strive for the elimination of
serious accidents, including the four primary construction hazards (fall, electrical, caught in
/between, and struck-by); increase employee training; and recognize those subcontractors with
exemplary safety and health programs
The objectives include:
4.2.1 Reducing the number of conditions that have the potential to result in worker injury/illness
to the lowest reasonable level, through employee training and hazard(s) identification and
correction. All employees will be provided with a site safety and health orientation training and
foremen shall have attended a ten (10) hour construction safety course within the last two (2) years
or obtain such a certification within three (3) months of start of the project.
4.2.2 100% compliance with project-required incident prevention activities.
4.2.3 Zero (0) fatalities
4.2.4 Zero (0) exposure of employees to walking/working surfaces (horizontal and vertical) with
unprotected sides or edges, which are 6 feet or more above a lower level. (Exception: Steel Erection
shall follow Subpart R.)
4.2.5 A project DART rate that is 20% less than the national average for Standard Industry Code
1542/NAICS 2362.
4.2.6 Fostering a sustainable working relationship between Torcon, OSHA, local subcontractors,
construction trades and other entities involved in this program.
4.2.7 Partnering with the BTEA, the BCTC, the GCANY and the union representative framework to
encourage positive change within the local construction industry with respect to betterment of
construction safety and health in the New York metropolitan area.
To achieve the goals and objectives cited above, OSHA, Torcon, NYS Consultation,
BCTC, BTEA and GCANY will form an Implementation Team (IT) comprised of representatives of their
organizations. These representatives will work together to develop a plan of action, determine the
working procedures of the IT, identify the roles and responsibilities of the participants, and develop
a time-line for the goals and objectives described in this Partnership document. This time-line will
also establish the dates for submission of data and other records to OSHA by Torcon, as described in
this Partnership document.
The IT will meet within thirty (30) working days of the signing of this Partnership to review the
goals and objectives described herein. It will meet three (3) times per year thereafter, for the
duration of the Partnership, to evaluate progress toward the Goals and Objectives. Annually, at
least one (1) of these meetings will be in person
5.0 Performance Criteria
5.1 Torcon will establish the following:
5.1.1 Specific Safety and Health Subcontract Language - Torcon shall
incorporate specific safety and health program performance requirements into all subcontracts
including new hire orientations and weekly safety and health craft meetings.
5.12 Experience Modification Rates - Only subcontractors with an Experience Modification Rating (EMR)
rating of one (1) or less will be employed at the site. Subcontractors with a current EMR above one
(1.00) shall meet with Joint Venture Safety Representative and develop a plan.
5.1.3 Bidding Period - The bid packages, distributed by Torcon to all potential bidders, include a
copy of Torcon's Corporate Safety Guidelines.
5.1.4 Pre-Construction Meetings - Prior to the start of construction work, Torcon shall conduct a
pre-construction meeting with each successful bidder which shall include discussion regarding
requirements for the successful bidder to integrate the Torcon “Safety, Health and Environmental
Policy” into their standard safety and health programs and performance expectations.
5.1.5 Weekly Foreman's Meetings – Torcon shall hold a weekly meeting with all designated safety
representatives that shall include focused discussions addressing site safety and health issues.
5.1.6 Monthly Meetings – Torcon shall hold a monthly safety committee meeting to discuss program
status and participant performance.
5.1.7 Qualified Safety and Health Representatives – Torcon shall assign a qualified safety and
health representative to administer its safety and health program.
5.1.8 Risk Assessment – Torcon shall conduct a comprehensive risk assessment of project work and
incorporate the findings of the assessment into the Project Operations Plan.
5.1.9 Project-specific Safety and Health Plan – Torcon shall prepare a site specific safety and
health plan to be used as a baseline for the subcontractor programs to meet or exceed. This plan
shall incorporate the following minimum elements:
- Fall exposure potential greater than six feet (6') requires 100% fall protection with the
exception of structural steel erection which will be held in strict compliance with OSHA 1926
subpart R.
- Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project
- All cranes, hoists, and scissor/aerial lifts will be inspected and safe prior to use
- Use of appropriate personal protective equipment
- Site-specific safety and health training
- Workplace surveillance (Daily Field Safety audits)
- Employee involvement
- Management commitment
5.1.10 Weekly Safety and Health Audits – Torcon shall conduct and document weekly safety and health
audits to assess program performance.
5.1.11 Training - Subcontractors shall provide safety and health training resources for all project
participants as needed.
5.1.12 Incident Recordkeeping Database – Torcon shall maintain a project OSHA-300 Log (or equivalent
database). This shall be maintained in accordance with 29 CFR 1904 – Recording and Reporting
Occupational Injuries and Illnesses. Torcon also agrees to compile and maintain a database that
describes “near miss” events, and hazards or hazardous conditions that were discovered and corrected
during the safety audits/inspections described in this section of this Partnership Agreement.
Information in this database will be used as a training tool and made available to all the
Subcontractors. Torcon will provide the data to the OSHA during (IT) meetings.
5.2 Project Subcontractor's Role
5.2.1 Project Specific Safety and Health Plan - All Subcontractors shall provide a task specific
hazard analysis and a site-specific safety and health plan, which meets or exceeds Torcon's project
specific plan.
5.2.2 New Hire Safety Orientation - All Subcontractors shall provide new hire employees with
project-specific safety and health information and instructions prior to starting work.
5.2.3 Task-specific Weekly Toolbox Instructions - All Subcontractors shall provide workers with
instructions on integration of safety and health requirements with current work tasks for the week.
5.2.4 Qualified Safety and Health Representatives - All Subcontractors shall assign a Qualified
Safety and Health Representative to administer their program onsite. A qualified person is one who
through training and experience has been designated and given the authority to administer the
program.
5.2.5 Weekly Safety and Health Inspections - All Subcontractors shall conduct weekly inspections of
their portion of the jobsite to assess compliance with all project safety and health requirements
and OSHA standards. No outstanding non-compliance issues shall be allowed to carry over into the
subsequent week's inspections.
5.2.6 Safety and Health Training - All Subcontractors shall provide on-going safety and health
training to workers that will address new project tasks, or processes. At a minimum, foremen shall
have attended a ten (10) hour construction safety course within the last two (2) years or obtain
such a certification within three (3) months of start of the project.
5.2.7 Recordkeeping/ Documentation - All Subcontractors shall maintain documentation of all safety
and health activities described herein and provide copies of same to Torcon. Documentation of near
misses, and the correction of hazardous conditions that were noticed due to the heightened safety
and health awareness that this partnership creates, shall be completed by Torcon at least quarterly.
5.3 OSHA's Role
5.3.1 Program Evaluation - Provide initial and continued review and evaluation of Torcon's
compliance with the partnership agreement.
5.3.2 Incident Trend Analysis - Provide feedback on incident trends and patterns as needed.
5.3.3 Access to Training Resources - Assist in identifying cost-effective training resources for
partnership agreement participants.
5.3.4 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.
5.3.5 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 Torcon to maximize characterization of various tasks and operations.
Sampling will be conducted during monitoring inspections that will be coordinated with Torcon and be
in addition to the verification inspection s described below. Note: This sampling is intended to
supplement, not replace, Torcon's own sampling programs such as those required by standards and/or
contract.
5.3.6 Compliance strategies - Provide input on compliance strategies as proposed by program
participants.
5.3.6 Attendance at Safety and Health Meetings - OSHA representatives will periodically attend site
safety and health meetings.
5.4 Craft Labor's Role
5.4.1 Safety and Health Field Performance - Meet all project Safety and Health requirements relative
to work assignments as a condition of employment.
5.4.2 Safe Work on Demand – Refuse to perform and immediately notify designated site safety and
health representatives, or management personnel, of any work assignment that violates the project
EH&S requirements.
5.4.3 Monthly Safety and Health Meetings - Attend and participate in monthly meetings that are held
by Torcon. Provide input on safety and health as related to specific trade/skill areas of expertise.
5.4.4 Partnership Representation - Designate representative(s) to provide input in all partnership
agreement initiatives.
6.0 Measurement and Evaluation of Performance
6.1.1 Torcon will compile and track a monthly summary of contractor injury and illness performance
statistics and total project man hours for the project. This data will be provided to the (IT) on a
quarterly basis.
6.1.2 Torcon will collect documentation from contractors in order to ensure procedural performance
of project requirements.
6.1.3 Within 90 days of the initiation of this partnership agreement OSHA and Torcon 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 Safety and Health plan.
6.1.4 At the end of each quarter, Torcon will compile and submit to OSHA a report that evaluates the
partnership agreement's achievements and identifies areas for continued improvement. Near misses are
an integral part of the accident prevention program and will be evaluated by the safety and health
team. This quarterly report will also include a list of all employees that have received safety and
health training as a result of and during the term of this Partnership Agreement. The employee's
name, employer, and topic and length of training shall be included in this quarterly report.
6.1.5 At the end of each year, OSHA and Torcon shall conduct an evaluation of the partnership in
order to determine any successes or areas of improvement.
7.0 Communication of Results
The signatories or their designated representative(s) will meet at least quarterly to review
partnership agreement status and progress. This meeting will take place at the site, and may be
combined with the Implementation Team meetings.
An Annual Partnership evaluation will be conducted by the Implementation Team, and will be in
writing. The goal of this evaluation will be to measure the success of the partnership, highlight
best practices and provide feedback for improvements.
8.0 Employee Involvement and Employee Rights
This partnership agreement fully supports and recognizes the importance of employee participation in
matters concerning safety and health in the workplace. As a vital component of an effective safety
and health program, the ability of employees to exercise their rights, which are guaranteed under
the OSH Act, will not be infringed. Employee involvement in the worksite safety and health program
will be encouraged, including employee participation in safety and health program reviews, site
inspections, employee safety and health training, accident investigations, and freedom to report
hazards, including near misses.
This partnership supports employee rights as guaranteed under the Occupational Safety & Health Act.
All subcontractors will participate in safety audits and briefings and ensure that their employees
are kept appraised of safety and health issues on the site. A system for employees to report hazards
will be developed. Labor organizations will be represented at all meetings.
9.0 OSHA Inspections and Investigations
9.1 Verification and OSHA Inspections
Torcon agrees to exercise control over any recognized site safety and health hazard to eliminate the
potential for injury or illness in accordance with this partnership agreement. Comprehensive reviews
and inspections will be conducted by Torcon or its representative, with employee involvement on a
daily basis. Summaries of hazards and abatement will be documented. If any subcontractor, under
control and direction of Torcon, does not meet the terms of this partnership agreement, the OSHA
inspection of their work will proceed with traditional OSHA guidelines for comprehensive
inspections.
9.1.1 Complaint/referral Investigations – This partnership calls for
the immediate response by Torcon to each allegation of a safety and health hazard brought to the
attention of management by any person. Upon finding that the allegation is valid, the employer shall
promptly correct the hazard. OSHA will follow a modified version of its non-formal investigation,
CPL-02-00-140, process for complaints related to this project that are filed with OSHA. OSHA will
notify the Torcon safety and health representative of any alleged complaint by phone and fax. Torcon
will immediately investigate all allegations and correct any hazards identified. The affected
subcontractors as well as the affected unions will be notified of the alleged complaint by Torcon.
Torcon will notify OSHA of its findings and abatement within one workday of the original complaint
notification. Failure to meet this time frame will place the complaint/referral outside the scope
of the partnership agreement and result in an OSHA on-site inspection of the allegations. All
complaints will be discussed by Torcon at the next scheduled job meeting.
9.1.2 Formal Complaints and Referrals – Torcon and the employers engaged in this partnership
recognize and accept that OSHA will fully investigate 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.
9.1.3 Accidents/Incident Investigations – Torcon and the employers engaged in this partnership
recognize and accept that OSHA will fully investigate all incidents involving employee deaths,
incidents resulting in the hospitalization of three (3) or more employees of the same employer, or
other serous incidents that come to the attention of OSHA. These inspections will be conducted
outside the partnerships in accordance with normal enforcement procedures and practices. Hazards
identified may result in the issuance of citations and penalties.
9.2 Programmed Inspections – Torcon and the
contractors participating in this partnership will not be subjected to program inspections where
verification has been conducted and completed within the past twelve (12) months.
9.2.1 Onsite Verification – In order to qualify for the partnership, OSHA will conduct a
verification inspection of the project pursuant to paragraph 6.1.3 within 90 days of the signing of
this agreement, and annually thereafter for the term of this Partnership Agreement. This
verification inspection will determine Torcon and subcontractor compliance and include a
comprehensive review of the effectiveness of each subcontractor's safety and health program for its
effectiveness in eliminating the four major hazards in construction (falls, electrical, caught
in/between and struck-by hazards). Serious hazard related to the hazards outlined above may result
in the issuance of citations and penalties.
9.2.2 Follow-up Inspections - If OSHA issues citations as a result of any inspection conducted, it
may conduct a follow-up inspection to verify abatement.
9.2.3 Non-Participating Contractors – Employers who elect not to participate or who are determined
by OSHA, to be outside the aforementioned criteria for inclusion under this partnership agreement
will be subject to traditional OSHA inspections and enforcement actions.
10.0 Incentives
10.1 Following an OSHA on site enforcement verification inspection, participating subcontractors at
this site will be deleted from the programmed inspection list for twelve (12) months from the
verification inspection.
10.2 No penalties will be assessed for other-than-serious violations, except for regulatory
violations of CFR 1903 and CFR 1904, provided they are abated the same day as the inspection.
10.3 If citations are issued as a result of an on-site enforcement inspection, when calculating the
initial penalty reduction, OSHA may provide an additional ten percent (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 one hundred percent (100%) or more, the minimum penalty
provisions of the FIRM will apply.
10.4 OSHA will work with the Partnership participants to maximize recognition of the Partnership
through various media outlets and the OSHA web site.
11.0 New York State Department of Labor 21(d) Consultation Services agrees:
The New York State Department of Labor's 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.
12.0 Termination of Partnership Agreement
This agreement will expire when Torcon's project activities are completed. Should either OSHA or
Torcon choose to withdraw prior to that date, thirty (30) days written notice will be given, and the
partnership would terminate. If OSHA chooses to withdraw its participation in the partnership, the
entire agreement is terminated. Either party may also propose modification or amendment of the
agreement.
13.0 Signatures
Signed - November 2, 2007
Patricia K. Clark
Region 2 Regional Administrator
USDOL/OSHA |
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Richard Estrin
Executive Vice President
Torcon, Inc |
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Richard Mendelson
Area Director, Manhattan Area Office
USDOL/OSHA |
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Leon Baukh
Corporate Safety Director
Torcon, Inc |
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Kevin Brennan
Queens District Office Manager
USDOL/OSHA |
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Ken Anton
Senior Project Manager
Torcon, Inc |
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James Rush
Program Manager
NYS Department of Labor Onsite Consultation Program |
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Christopher Ward
Managing Director
General Contractors Association of NY |
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Lou Coletti
Chairman & CEO
Building Trades Employer Association |
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Edward J. Malloy
Chairman & CEO
Building and Construction Trades Council |
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Paperwork Reduction Act Notice
Form Approved
OMB# 1218-0244 Expires 01-31-2009
Public reporting burden for the time needed to develop
the Partnership requirements, craft agreement language,
and conduct an internal review process is estimated to
be an average of 11 burden hours per respondent |
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