1.0 PURPOSE
The purpose of the Partnership is to strive to identify and analyze hazardous conditions and unsafe
behaviors to minimize the occurrence of future accidents, injuries and illnesses.
The "Team" or "Team Companies", as defined later has established this Partnership to focus on
accident prevention at the Caithness Long Island Energy Center Site (the "Site").
2.0 PROJECT HISTORY
The Caithness Long Island Energy Center (LIEC) is a highly efficient 1x1 natural gas fired combined
cycle project. The Project includes one Siemens PG SCC6-5000F combustion turbine generator, one heat
recovery steam generator, a Siemens condensing steam turbine generator and auxiliary plant
equipment. At full operating capacity, the Caithness LIEC will have a capacity of 350 MW during
summer conditions.
The project Site will be built on a 96-acre site, centrally located in a large industrial area in
the North Bellport section of the Town of Brookhaven. The site is located within the Brookhaven
Empire Zone, an area specially designated by New York State and the Town of Brookhaven for
industrial development.
Bordering lands: The Long Island Railroad runs along the northern perimeter of the site. Light
industrial facilities border the property on the west. Undeveloped, sub-divided industrial parcels
make up the border on the south. On the eastern side of the property, a 300 foot-wide LIPA
transmission line right-of-way borders the site along with several undeveloped industrial parcels.
3.0 TEAM
The partnership team is entering into this Partnership to foster a safer and healthier workplace for
personnel on-Site by having joint cooperation as prescribed within the terms and conditions set
forth in this Partnership. The team is made up of those contractors, customers, and union members
listed on the partnership signature page. Additional partners will be included as they enter into
the LIEC project and meet the terms of this agreement and those established by OSHA.
4.0 OBJECTIVES
The objectives of the Partnership include:
- Developing criteria for model contractor safety and health performance.
- Making safety and health work practices available to all contractors.
- An agreement among all companies on-Site to participate in the common management of health and
safety affairs.
- Focusing site enforcement activity on companies who require assistance with managing the safety
and health of their personnel.
5.0 GOALS
The following goals have been established for this Partnership:
- Continuous effort to minimize the number of injuries and/or illnesses affecting personnel on the
Site and strive to obtain a project lost work day injury and illness incident (LWDII) Rate which is
25% less than the national average.
- Foster a working cooperative relationship between management, craft personnel and OSHA.
- Heightened awareness of all project employees with regards to construction EHS issues.
- Develop and conduct training to enhance Site management personnel and craft employee understanding
of workplace safety and awareness, while minimizing specific work-related hazards.
- Develop, implement, and maintain effective comprehensive safety and health programs, in accordance
with applicable 29 CFR Part 1926 regulations, other applicable OSHA interpretations & guidelines,
ANSI Standards, and the OSHA multi-employer work-site policy.
- Utilize observation programs, job hazard analyses, site safety committees and Project Management
to identify workplace hazards and unsafe conditions, trend for heightened focus areas, present data
at Monthly Project Director Progress Meetings.
- Set targets for special award recognitions to motivate personnel for continuous improvement and
reporting of workplace safety issues on-Site.
- Promote and encourage employers to establish "Drug Free" workplaces.
- Zero (0) fatalities.
- Zero (0) exposure of employees to fall hazards greater than 6 feet above a lower level.
6.0 STRATEGIES
The Partnership strategies designed to prevent injuries and illnesses and accomplish the goals of
the partnership include the following:
- Site Partnership Team and its Contractors has developed and implemented a project health and
safety management program in accordance with 29 CFR Part 1926, and other applicable OSHA
interpretations & guidelines, and the OSHA multi-employer work-site policy.
- All Site contractor employees, regardless of position, will receive site-specific orientation and
training on the hazards and regulations applicable to their work prior to work on-site. The training
shall include an orientation to the project and hazards, review of specific Site requirements and
regulations, environmental controls and other topics indicative of Site conditions. The Orientation
will include, but not be limited to, the 27 safety and health topics listed in the appendix.
Additional orientation on the sites policy on commitment to safety, personnel responsibilities,
Injury Management, "Gangbox" Safety Meetings, Reporting of Unsafe Acts or Conditions, Site Security,
and Emergency Procedures will be done.
- Every 6-9 months, All Site contractors will conduct OSHA 10-hour construction safety and health
courses (or equivalent) which will be offered to the workers, foremen and onsite managers of the
participating contractors.
- Contractor will have available from the participating contractors their Experience Modification
Rates (EMR) and OSHA 300 logs (or its equivalent), with number of employee hours worked for the
duration of the project
- To develop safe procedures the contractor and employees will conduct a job hazard analysis. Each
step in a process is analyzed to determine if hazardous materials, equipment, tools, or other
hazards are involved. Each step is than analyzed to determine safe work procedures that will
eliminate or reduce any hazards present. Procedures include use o personal protective equipment,
using new or redesigned equipment, or changing the procedure itself.
- Root Cause Accident Investigations will be conducted or caused to be conducted by the Site HSE
Coordinator for all reported near-miss, recordable, lost time, equipment or property damage
incidents. Results will be presented to the appropriate employer and the Siemens Site Safety
Committee for possible implementation of corrective action.
- Incentive programs will be implemented for the Contractor and its personnel at the Site who
voluntarily improve the safety and health performance in their workplace. Incentives will include
special recognition and awards for employees, reduced injury and illness rates, and reduced
insurance premiums. More specific details on the site incentive programs are included in the
appendix to this partnership agreement.
7.0 PERFORMANCE MEASURES
The following performance measures will be compiled by the Site Partnership Team and reported to
OSHA upon request 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 job safety analyses conducted per month during the partnership term until the completion
of the project
- Number of participant contractor workers provided the OSHA 10-Hour and 30-Hour Course for workers
and management
- Site DART, TCIR, LWDII rates for each calendar year compared to the national average for NAICs
code 237 for each respective calendar year (as defined in the Site HSE Program)
- Number of partnership participants who developed and or improved their written safety and health
management systems under this partnership
- Number of employees involved in the site safety and health management system (e.g. employee
participation in self-audits, site inspections, job hazard analysis, safety and health program
reviews, safety training, and mishap investigations.
8.0 EMPLOYEE INVOLVEMENT AND EMPLOYEE RIGHTS
This Partnership fully endorses and recognizes the value of employee participation. As an integral
component of an effective safety and health program, the availability of employees to exercise their
rights, which are guaranteed under the OSH Act, will not be infringed.
Routine employee involvement in the worksite safety and health program will be assured, including
employee participation in safety and health program reviews, site inspections, employee safety and
health training and accident investigations.
The Partnership is not meant to guarantee an accident-free Site or workplace. Rather, it is the
Team's attempt at advising personnel on-Site of the best practices for a safe workplace.
This Partnership does not preclude employees and/or employers from exercising any right provided
under the Occupational Safety and Health Act (OSH Act), nor does it abrogate any responsibility to
comply with rules and regulations adopted pursuant to the Act.
This Partnership is consistent with Siemens' long-term efforts and goals to develop a collaborative
approach to safety and health management. It allows for more efficient use of Site management
resources, and encourages more participation in the workplace safety management process from the
construction and trade association's communities.
9.0 OSP MANAGEMENT AND OPERATION
PROJECT SITE HSE PROGRAM COORDINATOR
Siemens has appointed Mr. Richard Groves as the Project's Site HSE Program Coordinator. The Site HSE
Program Coordinator, with assistance from the Contractor's management staff, will oversee safety and
health for the Site, and will have the authority to stop, or cause to stop and correct all unsafe
conditions and acts.
The Site HSE Program Coordinator has the following attributes and duties:
- Acts as an advisor to Siemens site management and all site personnel.
- Empowered by and accountable to Siemens management for overall Site safety compliance with Siemens
requirements, contractual requirements, and applicable Federal, State and local obligatory
requirements.
- Conduct daily job site reviews and workplace intervention.
- Monitor development of weekly job site safety meetings.
- Monitor contractor conformance with the approved project safety and health guidelines, CFR 1926
and other OSHA Standards, Regulations, etc., as applicable and appropriate.
- Maintain copies of required OSHA logs of injuries an illnesses (OSHA 300 or equivalent) for all
contractors at the site.
SITE MANAGEMENT- HSE RESPONSIBILITIES
As per OSHA's multi-employer work-site policy, Siemens recognizes its responsibilities as
"Controlling Employer" as defined by OSHA, and will exercise the authority to enforce safety and
health management systems on-site, and will take appropriate actions in accordance with contractual
agreements to enforce compliance, support disciplinary actions up to and including the removal of
contractors from site for incessant non-compliance with the Site's HSE Program.
Contractor management on-Site agrees to exercise control over any recognized site safety and/or
health hazard and provide all reasonable resources necessary (both financial and contractual
methods) towards the minimization of the potential for any occupational injury or illness in
accordance with this Partnership.
Furthermore, comprehensive reviews of the entire project will be completed with Site employee
involvement, as often as necessary, but no less than once a month.
CONTRACTOR INVOLVEMENT
This Partnership fully endorses and recognizes the value of employee participation. As an integral
component of an effective safety and health program, the availability of employees to exercise their
rights, which are guaranteed under the OSH Act, will not be infringed.
Routine employee involvement in the worksite safety and health program will be assured, including
employee participation in safety and health program reviews, site inspections, employee safety and
health training and accident investigations.
Each Contractor on-Site will appoint a safety representative to be Contractor's liaison to the Site HSE Program Coordinator and provide to Siemens in writing the name of their Safety Representative.
Each Safety Representative must have the necessary experience as determined and agreed to by
Siemens.
In addition, the Contractor Safety Representative(s) will:
- have the responsibility and ability to address and resolve recognized safety and health issues and
hazards;
- accompany the Site HSE Program Coordinator on Site inspections in their respective work areas; and
- attend regular job Site meetings.
Each Contractor will submit a comprehensive safety and health management system
for Contractor approval prior to commencing work on the site.
Each Contractor will conduct daily self-inspections and records of those inspections will be
maintained. The records will be available for review by the Contractor.
Safety Representatives of each Contractor working on-Site will participate in the "Site Safety
Committee" representing both craft labor and management safety concerns for the project.
The Site Safety Committee will:
- Coordinate weekly Site Safety Walkdowns to assist in identification of workplace hazards, review
procedural work practices, work permits, job hazard analyses, etc.;
- Request a member of craft from each contractor to participate in the weekly Site Safety Walkdown;
- Coordinate the response to all safety and health concerns.
- Work with the Site HSE Program Coordinator to resolve identified safety and health concerns.
10.0 OSHA INSPECTIONS/VERIFICATIONS
Formal Complaints / Referrals / Imminent Danger – This partnership calls for the immediate response
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.
The Site Partnership Team and the employers engaged in this partnership recognize and accept that
OSHA will fully investigate formal complaints, referrals and alleged imminent danger hazards in
accordance with OSHA's Field Inspection Reference Manual. 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. All formal complaints, referrals
and imminent danger situations will be reviewed by the Site Partnership Team at the next scheduled
Safety Committee meeting.
Accidents/Incident Inspections – The Site Partnership Team and the employers engaged in this
partnership recognize and accept that OSHA will fully inspect incidents involving employee deaths,
incidents resulting in the hospitalization of three or more employees, or other serious 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.
Investigations – OSHA will investigate non-formal complaints in accordance with OSHA's CPL-02-00-140
– Complaint Policies and Procedures. Site Partnership Team will immediately investigate all
allegations and correct any hazards identified. The affected subcontractor, if any, as well as any
affected unions will also be notified of the alleged hazard. The Site Partnership Team will notify
OSHA of its findings and plans for abatement within five calendar days 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
non-formal complaints and investigations results will be discussed by the Site Partnership Team at
the next scheduled Safety Committee meeting.
Programmed Inspections – Programmed inspections may be initiated if there has not been an onsite
enforcement verification inspection during the 12 previous months. These inspections will be
conducted in accordance with normal enforcement procedures and practices. Hazards identified may
result in the issuance of citations and penalties. Site Partnership Team and the contractors
participating in this partnership will not be subjected to program inspections where verification
has been conducted and completed within the past 12 months.
Onsite Verification – In order to qualify for the partnership, OSHA will conduct an onsite
enforcement verification inspection of the project within 60 days of the signing of this agreement,
and annually thereafter for the term of this Partnership Agreement. This verification inspection
will determine contractor and subcontractor compliance with the terms of this agreement and OSHA
standards. 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
Follow-up Inspections - If OSHA issues citations as a result of any
inspection conducted, it may conduct a follow-up inspection to verify abatement.
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
11.0 OSHA BENEFITS
Non-Enforcement Benefits – outreach, technical assistance and training. Examples of these include:
- Free onsite services may be provided by OSHA-funded State Consultation Projects to qualifying
partners. When the appropriate Consultation Project agrees, an OSP participant may be offered
priority consideration for these services.
- OSHA personnel may be available to OSP participants for a variety of onsite and offsite
activities such as review of the safety and health management system and assistance to develop or
improve the system, and guidance in conducting audits and evaluations.
- Seminars, workshops, and other speaking events.
- Availability of informational materials such as safety and health brochures, pamphlets,
and electronic tools.
OSHA National and Regional offices are also potential sources for technical
assistance; for example, the OSHA Health Response Team and other technical experts within the Directorate
of Science, Technology and Medicine and the Directorate of Construction.
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
OSHA Field Inspection reference Manual (FIRM) where the employer, in implementing the OSP, has taken
specific steps beyond those provided for in the FIRM to implement the ACT and achieve a high level
of employee protection. The additional reduction will not apply to high gravity serious, willful,
failure to abate or repeat citations. In cases where a partner's total penalty reduction is 100% or
more, the minimum penalty provisions of the FIRM will apply.
12.0 CONTRACTOR BENEFITS & INCENTIVE PROGRAMS
Siemens does NOT support using purely reactive incentive programs alone, which may encourage
employees, through peer pressure, not to report injuries. Rather, Siemens believes in recognition
for proactive safety performance.
- Site Partnership Team and its Contractors on-Site will use Safety Task Observation Program /
Good Observations (STOP/GO) throughout the work Site to proactively address hazards in the work
place and recognize positive safety-based performance (regardless of Contractor tier). Details of
the STOP/GO program are delineated in the attached appendix to this partnership agreement.
13.0 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 7.0 of this Partnership agreement will be collected and analyzed to determine the
partnership's progress toward meeting it's goals.
14.0 TERMINATION
This agreement will terminate at the completion of First Fire which is expected to occur by February
27, 2009 or November 14, 2009, which is two years from the signing date, whichever date comes first.
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 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 14th day of November, 2007.
Patricia K. Clark
Region 2 Regional Administrator
USDOL/OSHA |
|
Brian Sinn
Project Manager
Siemens Power Generation |
|
Patricia Jones
Area Director
OSHA Long Island Area Office |
|
Willis Weatherford
Director, Global HSE Programs
Siemens Power Generation |
|
Albert Chowansky
Site Manager
Siemens Power Generation |
|
Thomas Ferris
Business Agent
Carpenters Local 7 |
|
Rich Thompson
Project Manager
F&S Power |
|
Joe Lapinski
Business Agent
Insulators Local 12 |
|
Wayne Smith
Safety Director
F&S Power |
|
Matt Chartrand
Business Agent
Ironworkers Local 361 |
|
Jim Foote
Project Manager
Bana Electric |
|
Mike LaBate
Business Agent
Laborers Local 66 |
|
Larry Britt
Site Manager
Caithness |
|
George Prucicko
Business Agent
Laborers Local 1298 |
|
Mike Cavanaugh
Business Agent
Millwrights Local 740 |
|
Ken Huber
Business Agent
Operating Engineers Local 138 |
|
Mario Mattera
Business Agent
Plumbers Local 200 |
|
Raymond Dean Jr.
Business Agent
Steamfitters Local 638 |
|
Tony Pirozzi
Business Agent
Teamsters Local 282 |
|
Kevin Casey
Business Agent
Electricians Local 25 |
|
Jerry Connely
Business Agent
Boilermakers Local 5 |
|
Charlie Gambino
Business Agent
Surveyors Local 15D |
|
Ronnie Richardson
Business Agent
Lathers Local 46 |
|
|
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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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