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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 BUILDING AND CONSTRUCTION TRADES COUNCIL,
THE CONSTRUCTION INDUSTRY COUNCIL OF
WESTCHESTER AND HUDSON VALLEY, INC.,
THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Skanska/ ECCO III/ J.F. White a Joint Venture
Table of Contents
Section 1.0 Background
Section 2.0 Definitions
Section 3.0 Project 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 11.1 OSHA Strategic Partnership Program
Section 12.0 Signatures
In an effort to eliminate serious hazards and achieve a high level of worker safety and health on the DEP CAT- 210G Project Skanska, Ecco III, and J.F. White JV – (known from this point on as SEW Construction 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 the SEW Construction 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), the New York City Department of Environmental Protection (NYCDEP), the Building and Construction Trades Council (BCTC), the Construction Industry Council of Westchester and Hudson Valley, Inc. (CIC). It is anticipated that at the peak of this project, SEW Construction JV and its 30 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
SEW Construction JV., a joint venture between Skanska USA Civil Northeast, ECCO III, and J.F. White, is headquartered in Whitestone New York. The Project anticipates a workforce of 650 employees, involving heavy civil & mechanical construction.
SEW Construction JV is the general contractor for the CAT- 210G Project. The project is a NYC DEP Project that involves:
During construction, SEW Construction JV will provide a full time safety manager and ensure compliance with construction environmental, health, and safety practices. This includes federal, state, local, project, 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
SEW Construction 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. SEW Construction JV may make an exception to this condition for contractors under the following conditions:
The bid packages, distributed by SEW Construction JV to all potential bidders, include a copy of SEW Construction JV’s “Health & Safety Plan” manual.
5.0.4 Pre-Construction Meetings
Prior to the start of construction work, SEW Construction JV shall conduct a pre-construction meeting with each successful bidder which shall include discussion regarding requirements for the successful bidder to integrate SEW Construction JV’s “Safety, Health and Environmental Policy” into their standard safety and health programs and performance expectations.
5.0.5 Coordination Meetings
SEW Construction 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
SEW Construction 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
SEW Construction JV shall assign a qualified safety and health representative to administer its safety and health program.
5.0.8 Risk Assessment
SEW and/or its designated safety and health representative shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Project Operations Plan.
5.0.9 Project-specific Safety and Health Plan Guidelines
SEW and/or its designated safety and health representative shall prepare a project-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:
SEW shall ensure that wee weekly safety and health audits are conducted and documented by SEW and/ or its designated safety and health representative.
SEW and/or its designated safety and health representative 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
SEW and/ or its designated safety and health representative 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. SEW 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 Project 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 SEW’s project specific plan. If the contractor does not have their own safety plan they must adopt SEW’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 SEW and / or its designated safety and health representative 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 SEW and / or its designated safety and health representative. 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 SEW and / or its designated safety and health representative at least quarterly.
5.2 OSHA’s Role
5.2.1. Program Evaluation
Provide initial and continued review and evaluation of SEW Construction JV 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 New York City Department of Environmental Protection’s Role
DEP’s Bureau of Engineering Design and Construction (BEDC) has a formal Health and Safety Program in place for Contractors working on DEP’s Capital Construction Program. The requirements begin at the bidding stage with the Environmental Health and Safety Specification may be found in detailed specification 01356, Environmental Health and Safety Requirements and elsewhere in the contract.
In addition, during construction and throughout the entire project, BEDC’s Environmental Health and Safety Division is continually auditing the contractors performance and requiring corrective action as warranted. These requirements are currently in place for CAT 210G and SEW Construction JV., and is required by DEP to adhere to these Safety requirements for this project.
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
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 SEW. 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 SEW and/or its designated safety and health representative will compile and track a monthly summary of contractor injury and illness performance statistics at the job site. This data will be compared to SEW historical data, the historical data (if available) of the participating employers, and national data for comparison and evaluation.7.0 Communication of Results
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 these meetings will be in person, and this meeting will take place at the Cat- Del UV Filtration Plant, 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 4.0 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. SEW will document all employee, trade organization, and union involvement in this Partnership.
9.0 OSHA Inspections and Investigations
9.1 Verification Inspections - Qualification for this OSHA Partnership requires that OSHA conduct a Verification Inspection of SEW and the Cat- Del UV Filtration Plant site within 30 days of the signing of this agreement, and annually thereafter for the term of this Partnership10.0 Incentives
10.1 SEW Construction JV, and the participating contractors will receive a deferral, for 12 months, from programmed inspections following successful completion of a verification inspection.11.0 Termination of Partnership Agreement
This agreement will expire when SEW Construction JV. Project activities are completed. Should either OSHA or SEW 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.
Paperwork Reduction Act Notice
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.
OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
Signed this 13th day of August, 2008