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COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
TARRYTOWN AREA OFFICE,
THE NEW YORK STATE DEPARTMENT OF LABOR
DIVISION OF SAFETY AND HEALTH
ON-SITE CONSULTATION PROGRAM
THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC.
SKANSKA/TULLY JV, INC.
Section 1.0 Background
Section 2.0 Definitions
Section 3.0 Croton Water Treatment Facility History
Section 4.0 Partnership Goals and Objectives
Section 5.0 Performance Criteria
Section 6.0 Measurement and Evaluation of Performance
Section 7.0 Communication of Results
Section 8.0 Employee Involvement and Employee Rights
Section 9.0 OSHA Inspections
Section 10.0 Incentives
Section 11.0 Termination of Partnership
Section 12.0 Signatures
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on the Croton Water Treatment Facility, Skanska/Tully JV 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.
This partnering agreement shall be limited to Skanska/Tully JV, OSHA's Tarrytown Area Office (OSHA), the New York State Department of Labor Division of Safety and Health On-Site Consultation Program (NYS Consultation), and the General Contractors Association of New York, Inc. (GCA). It is anticipated that at the peak of this project, Skanska/Tully JV and its subcontractors will employ over 650 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.
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 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.
VPPPA: The 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
Skanska/Tully JV. has a workforce of 650 employees, is involved in heavy construction, and is headquartered in Whitestone NY.
SKANSKA/TULLY JV is the general contractor for the Croton Water Treatment Facility. The Croton Water Treatment Facility involves the construction of a cast-in-place concrete building, steel-access platforms, Fabrication and instillation of Process Mechanical Equipment and Piping System. Construction for the Croton Water Treatment Facility will commence on August 21, 2007 and is scheduled to be completed on, or about, April 21, 2012.
During construction, SKANSKA/TULLY JV will provide a full time safety manager and ensure compliance with construction environmental, health, and safety practices. This includes federal, state, local, Croton Water Treatment Facility, and owner rules and regulations.
4.0 Partnership Goals and Objectives
The IT will meet within 30 working days of the signing of this Partnership to review the goals and objectives described herein. It will meet three times per year thereafter, for the duration of the Partnership, to evaluate progress toward the Goals and Objectives. Annually, at least one of these meetings will be in person
5.0 Performance Criteria
SKANSKA/TULLY JV shall incorporate safety and health program performance requirements into all contracts including new hire orientations and weekly safety and health craft meetings.
5.0.2 Experience Modification Rates
Only contractors with an Experience Modification Rating (EMR) rating of 1 or less will be employed at the site. SKANSKA/TULLY JV may make an exception to this condition for contractors under the following conditions:
The bid packages, distributed by SKANSKA/TULLY JV to all potential bidders, include a copy of Skanska/Tully JV's "Safety, Health and Environmental Policy" manual.
5.0.4 Pre-Construction Meetings
Prior to the start of construction work, SKANSKA/TULLY JV shall conduct a pre-construction meeting with each successful bidder which shall include discussion regarding requirements for the successful bidder to integrate SKANSKA/TULLY JV's "Safety, Health and Environmental Policy" into their standard safety and health programs and performance expectations.
5.0.5 Coordination Meetings
SKANSKA/TULLY JV shall hold a weekly meeting with all project Managers, Company Owners, and/or Foremen that shall include focused discussions addressing site safety and health issues.
5.0.6 Monthly Meetings
SKANSKA/TULLY JV shall hold a monthly project safety and health meeting to discuss program status and participant performance. OSHA is welcome to attend these meetings. Invitations to attend the meetings will be extended to Shop Stewards, as well as Foremen.
5.0.7 Qualified Safety and Health Representatives
SKANSKA/TULLY JV shall assign a qualified safety and health representative to administer its safety and health program.
5.0.8 Risk Assessment
SKANSKA/TULLY JV shall conduct a comprehensive risk assessment of Project work and incorporate the findings of the assessment into the Project Operations Plan.
5.0.9 Croton Water Treatment Facility-specific Safety and Health Plan Guidelines
SKANSKA/TULLY JV shall prepare a Croton Water Treatment Facility-specific safety and health plan to be used as a baseline for contractor programs to meet or exceed. This plan shall incorporate the following minimum elements:
SKANSKA/TULLY JV shall ensure that weekly safety and health audits are conducted and documented by SKANSKA/TULLY JV.
SKANSKA/TULLY JV shall 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 Safety Management System. This will include the methods and contacts employees can use to address 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 a pre-cursor to filing a complaint with OSHA.
5.0.12 Incident Recordkeeping Database
SKANSKA/TULLY JV 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. SKANSKA/TULLY JV 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 5.0.10 and 5.1.5 of this Partnership Agreement. Information in this database will be used as a training tool and made available to all the Contractors.
5.1 Project Contractor's Role
5.1.1 Croton Water Treatment Facility Specific Safety and Health Plan
All contractors shall provide a task specific hazard analysis and a site-specific safety and health plan, which meets or exceeds SKANSKA/TULLY JV's Project specific plan. If the contractor does not have their own safety plan they must adopt SKANSKA/TULLY JV's plan.
5.1.2 New Hire Safety Orientation
All contractors shall provide new hire employees with project-specific safety and health information and instructions prior to starting work.
5.1.3 Task-specific 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 shall allow an OSHA representative to attend any of these meetings, when requested by OSHA.
5.1.4 Safety and Health Representation
All Contractors shall assign a Qualified Safety and Health Representative to administer their program onsite.
5.1.5 Weekly Safety and Health Inspections
All contractors shall be subject to weekly inspections of their portion of the jobsite by SKANSKA/TULLY JV 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.
5.1.6 Safety and Health Training
All contractors shall provide on-going safety and health training to workers that will address new project tasks, or processes. Where workers who do not speak English are on-site, training will be conducted or facilitated in a language that the worker understands.
5.1.7 Recordkeeping/ Documentation
All documentation of safety and health activities described herein shall be recorded and maintained by SKANSKA/TULLY JV. 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 SKANSKA/TULLY JV at least quarterly.
5.2 OSHA's Role
5.2.1 Program Evaluation
Provide initial and continued review and evaluation of Skanska/Tully JV's compliance with the partnership agreement.
5.2.2 Incident Trend Analysis
Provide feedback on incident trends and patterns as needed.
5.2.3 Access to Training Resources
Assist in identifying cost-effective training resources for partnership agreement participants.
5.2.4 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.
5.2.5 Compliance Strategies
Provide input on compliance strategies as proposed by program participants.
5.2.6 Attendance at Safety and Health Meetings
OSHA representatives will periodically attend site safety and health meetings.
5.2.7 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.
5.3 Craft Labor's Role
5.3.1 Safety and Health Field Performance
Meet all project Safety and Health requirements relative to work assignments as a condition of employment.
5.3.2 Safe Work on Demand
Immediately notify designated site safety and health representatives, or management personnel, of any work assignment that violates the Project's EH&S requirements.
5.3.3 Monthly Safety and Health Meetings
Attend and participate in monthly meetings that are held by SKANSKA/TULLY JV. Provide input on safety and health as related to specific trade/skill areas of expertise.
5.3.4 Partnership Representation
Designate representative(s) to provide input in all partnership agreement initiatives. 6.0 Measurement and Evaluation of Performance
6.2 SKANSKA/TULLY JV will collect documentation from contractors in order to ensure procedural performance of Project requirements.
6.3 Within 30 days of the initiation of this partnership agreement OSHA and SKANSKA/TULLY JV shall conduct a verification inspection of the Croton Water Treatment Facility, as defined in Section 2.0: Definitions, and Section 9.1: Verification Inspections.
6.4 At the end of each quarter, SKANSKA/TULLY JV 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.
The signatories or their designated representative(s) will meet at least three times annually to review partnership agreement status and progress. At least one of the meetings will be in person, and this meeting will take place at the site safety trailer complex, and may be combined with the Implementation Team meetings.
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 will be used. Performance measures listed in Section 3.0 Partnership Goals and Objectives, of this partnership agreement will be collected and analyzed to determine the partnership's progress toward meeting its goals.
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. The Building Trade Organizations most directly involved or affected by this partnership will be consulted and encouraged to suggest improvements and further enhancements of this partnership. SKANSKA/TULLY JV will document all employee, trade organization, and union involvement in this Partnership.
9.0 OSHA Inspections and Investigations
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 OSHA compliance officer (CSHO) determines that the contractor meets the requirements of the Focused Inspection Initiative.
9.2 Formal Complaints / Referrals / Imminent Danger
This partnership calls for the immediate response by SKANSKA/TULLY JV 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.
SKANSKA/TULLY JV and the participating contractors recognize and accept that OSHA will investigate formal complaints and referrals, and alleged imminent danger hazards in accordance with OSHA's CPL-02-00-140 – Complaint Policies and Procedures. These inspections will be conducted outside the scope of this partnership agreement 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 discussed by SKANSKA/TULLY JV at the next scheduled job safety and health meeting.
OSHA will investigate non-formal complaints in accordance with OSHA's CPL-02-00-140 – Complaint Policies and Procedures. SKANSKA/TULLY JV will immediately investigate all allegations and correct any hazards identified. The affected subcontractor, if any, as well as affected unions will also be notified of the alleged hazard. SKANSKA/TULLY JV will notify OSHA of its findings and 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 this partnership agreement and result in an OSHA on-site inspection of the allegations.
All non-formal complaints and investigation results will be discussed by SKANSKA/TULLY JV at the next scheduled job safety and health meeting.
9.4 Accident/Incident Inspections
SKANSKA/TULLY JV and the participating contractors 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 partnership in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties.
9.5 Programmed Inspections
Programmed Inspections may be initiated if there has not been a 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. SKANSKA/TULLY JV and the contractors participating in this partnership will receive a deferral from Programmed Inspections, for 12 months, after successful completion of the Verification Inspection.
9.5 Follow-up Inspections
If OSHA issues citations as a result of any inspection conducted, it may conduct a follow-up inspection to verify abatement.
10.2 No penalties will be assessed for other-than-serious violations provided they are abated the same day as the inspection.
10.3 A maximum "Good Faith" and "History" penalty adjustment factor will be applied as allowed under OSHA's Field Instruction Reference Manual (FIRM) in the event that citations are issued to the SKANSKA/TULLY JV and the participating contractors.
10.4 OSHA will work with the Partnership participants to maximize recognition of the Partnership through various media outlets and the OSHA web site.
This agreement will expire when Skanska/Tully JV's project activities are completed. Should either OSHA or SKANSKA/TULLY JV 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.
OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
*Sample Chart – not required format
Signed this xth day of August, 2008: