OSHA Strategic Partnerships Program - Region III

<< Back to Region III

COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT

BETWEEN

THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
BALTIMORE AREA OFFICE

AND

MANHATTAN / TORCON JOINT VENTURE

AND THE

SUBCONTRACTORS

FOR THE

UNITED STATES ARMY MEDICAL RESEARCH INSTITUTE OF INFECTIOUS DISEASES
(USAMRIID)

PARTNERSHIP - An OSHA Cooperative Program

Table of Contents


I	Overview and Identification of Partners
II	Background
III	Goals, Strategies, and Measures
VI	Statement of Agreement
V	Subcontractor Program Participation
VI	Project Safety Analysis
VII	Employee/Employer Rights
VIII	Inspections
IX	OSHA On-site Verification Inspection and Incentives
X	Evaluation
XI	Termination of Agreement
XII	Paperwork Reduction Act
XIII	Signatures
Appendix A	Partnership Fact Sheet
Appendix B	List of Subcontractors
Appendix C	MTJV Partnership Program Requirements
Appendix D	Letter of Intent to Participate
Appendix E	Annual Partnership Evaluation Report
Appendix F	Safety and Health Program Evaluation

OVERVIEW AND IDENTIFICATION OF PARTNERS

The primary participants of this Partnership are:

Manhattan / Torcon Joint Venture
OSHA, Baltimore Area Office
Subcontractors

This partnering agreement was developed jointly by the United States Department of Labor, Occupational Safety and Health Administration, Baltimore Area Office (OSHA) and Manhattan / Torcon JV. The common objective of this program is to develop a contractor/government partnership that will encourage all construction contractors to improve their safety and health performance, assist them in doing so, strive for the elimination of serious accidents in the construction industry, and recognize those contractors with exemplary safety and health programs. Specifically, this agreement will provide a safe and healthful work environment for construction workers at the
United Sates Army Medical Research Institute of Infectious Diseases in
Fort Detrick, MD construction site.

Expected outcomes of this program include: developing model criteria for a multi-employer worksite safety and health program which identifies the responsibilities of each Subcontractor; making safety and health information available to all Subcontractors onsite; achieving participant recordable illness and injury rates below the national average for the construction industry; and focusing OSHA enforcement activity on Subcontractors who need to improve their safety and health efforts.

The agreement provides incentives to participating Subcontractors who voluntarily improve their safety and health performance. Opportunities for incentives will include an award of participation from OSHA, focused inspections, and deferral from programmed inspections for a period of twelve months following a successful OSHA verification inspection.

This agreement is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources, innovation in safety management and encourages more participation in the safety process by each stakeholder.

Therefore, the Occupational Safety and Health Administration and Manhattan / Torcon JV and subcontractors are entering into this partnership to foster a safer and healthier workplace for workers by having joint cooperation as prescribed within the terms and conditions set forth in this Agreement.

BACKGROUND

Manhattan / Torcon JV is the General Contractor for the new US Army Medical Research Institute of Infectious Diseases. The United States Army Medical Research Institute of Infectious Disease (USAMRIID) is a 950,000 GSF six story building with an approximate 191,000 SF footprint. The structure will be comprised of a combination of concrete and steel. The skin is comprised of precast concrete, metal panels, and curtainwall / storefront. The roof system is a modified bituminous membrane with metal roof panels. USAMRIID includes BSL-3 and BSL-4 laboratories consisting of medical equipment and laboratory equipment along with metal lab casework. Interior finishes are standard drywall, carpet, terrazzo, fluid applied floor, paint and special coatings. In analyzing the activities associated with the construction process for this project, Manhattan / Torcon JV and its subcontractors will take a proactive approach in identifying potential hazards.

GOALS, STRATEGIES, AND MEASURES

The primary goal of the partnership is to eliminate injuries, illnesses and fatalities through a cooperative relationship between Manhattan / Torcon JV and its subcontractors. This goal will be accomplished by implementing and following the plan outlined, below, and evaluating these actions as indicated:
1. Manhattan / Torcon JV will develop, implement and maintain effective, comprehensive safety and health programs in accordance with OSHA's 2008 Safety and Health Program Management Guidelines and the best industry practice.
  1. Manhattan / Torcon JV will evaluate the site-specific safety and health programs of participating contractors who will be expected to enhance these programs as necessary to meet the partnership performance criteria.
  2. OSHA will evaluate Torcon's and the subcontractors' safety and health programs during the OSHA verification inspection using Appendix F (or the equivalent) and will observe whether the safety and health management systems in place are adequately protecting employees.
2. Achieve participant recordable illness and injury rates below the national average for the construction industry. A partnership goal to keep the overall one-year total case incident rate (TCIR) below the national average for the construction industry, which was 4.5 for 2008, and the DART rate (cases with days away from work, job-transfer, or restriction) below the national average for the most recent year published for NAICS 2362 which was 2.1 for 2008. The partnership goal is to further reduce this level annually by at least 4% for the duration of the agreement. The intent is to reduce worker injuries and illnesses to the lowest possible reasonable level.
  1. Primary causal factors in worker injuries and illnesses will be evaluated and corrected. The top causes of injuries and illnesses will be determined by OSHA during the initial OSHA verification inspection, and may be adjusted based on experience. Injury and illness incidence in the targeted areas will be evaluated through the logs and other relevant accident reports.
  2. Systems will be established to identify and correct accidents and near misses.
  3. OSHA will meet quarterly with partners to examine the injury and illness experience of participants and to make corrections and adjustments as needed.
  4. DART rates and injury and illness experience will be evaluated through the injury logs and any other relevant accident reports.

STATEMENT OF AGREEMENT
1. OSHA agrees to:
  1. Help identify programmatic needs at this site by reviewing the documented safety program and by providing practical help in implementing the program.
  2. Help identify, through the collection of injuries data and site accident and near miss reports, the primary causes of injuries and illnesses, in particular the three top hazards at this site, and develop countermeasures to reduce or eliminate those hazards.
  3. Help small business subcontractors establish safety and health programs and training. OSHA will use its best efforts to include small business Subcontractors in all applicable small business programs.
  4. Provide assistance to training resources including:
    1. OSHA Training Institute Courses (OTI)
    2. Information on other available sources of training
  5. Provide timely interpretation and clarification of OSHA standards and policy.
  6. Participate in training sessions and meetings, as resources allow.
2. Manhattan / Torcon JV agrees that it will administer this partnership program, as outlined herein, and will serve as the principal safety resource in support of participating Subcontractors, and:
  1. Provide notice to all subcontractors that the United States Medical Research Institute of Infectious Diseases Project is subject to a strategic Partnership with OSHA. All employees will be informed of the partnership and provided a fact sheet during orientation. (Appendix A)
  2. Work with Fort Detrick Base Safety Department to ensure compliance by all Subcontractors and Visitors with applicable Base Safety rules and regulations. Fort Detrick Base Safety will be an active partner at the USAMRIID Project.
  3. Act as liaison for Subcontractors with OSHA. Subcontractors will be able to contact Manhattan / Torcon JV with questions, who will, in turn, contact OSHA for responses when necessary.
  4. Offer on-going information on safety or health topics of importance to subcontractors.
  5. Provide up-to-date occupational safety and health materials and brochures from OSHA and other appropriate sources.
  6. Organize and provide to Subcontractors OSHA's interpretations of major standards and local interpretations of issues so they can better understand and properly apply OSHA standards in the workplace.
  7. Administer the overall partnership program, including but not limited to the initial contact and evaluation of each Subcontractor's safety and health program and documentation to determine whether the Subcontractor meets the criteria specified within this partnership initiative.
  8. Notify OSHA on a regular and recurring basis of the names of Subcontractors that have met the partnership criteria and the status of those who have not.
  9. Monitor participating subcontractors to ensure that they carry out their partnership commitments.
  10. Monitor subcontractor compliance regarding tool box talks, training verifications, pre-planning meetings, various jobsite permits such as hot work permits and aerial lift permits and subcontractor jobsite inspections.
  11. Conduct daily worksite inspections to identify work hazards, conduct written weekly inspections, monthly jobsite safety meetings, and encourage employee involvement.
  12. Conduct pre-planning meetings for all high risk activities, conduct job hazard analysis and provide documentation of same, and, to the extent possible, maintain awareness of how the site's safety and health is impacted by job scheduling and sequencing of activities.
  13. Establish a jobsite Labor-Management Safety and Health Committee (Site Safety Committee) to discuss issues regarding safety and health, review accidents, and implement corrective actions as required.
  14. Meet with OSHA, quarterly, to examine the injury and illness experience of participants and to make corrections and adjustments as needed.
  15. Maintain a dedicated competent Site Safety and Health Manager available to assist contractors and subcontractors with all safety and health issues.
  16. Maintain a site injury and illness log of all injuries and illnesses reported by all contractors and subcontractors.
3. Manhattan / Torcon JV, and Subcontractors agree to:
  1. Apply all relevant components of their respective comprehensive safety and health programs to the project.
  2. Incorporate into a written safety and health program all essential elements of a basic safety and health program including management leadership, worker involvement, worksite analysis, hazard prevention and control, and safety and health training.
  3. Comply with all current OSHA standards.
  4. Have supervisors provide visible leadership in implementing the safety and health program. This includes:
    1. Establishing clear lines of communication with project workers,
    2. Setting an example of safe and healthful behavior,
    3. Creating an environment that allows project workers access to their top management and for Subcontractor management to have access to Manhattan / Torcon JV, project management, and,
    4. Ensuring that all project workers are provided equally high quality safety and health protection.
  5. Plan for safety and health as part of the overall management planning process. This includes pre-job planning and preparation for different phases of construction as the work progresses.
  6. Establish and communicate safety and health program responsibilities to all project workers.
  7. Permit employees to participate in the Site Safety Committee.
  8. Permit employees to participate in Site Safety Committee jobsite inspections.
4. The Subcontractors agree to:
  
  1. Provide a representative, if available to:
  1. Attend the verification inspection for the Subcontractors.
  2. Encourage safety consciousness and safe working behaviors.
  2. Encourage all workers on this project to take advantage of communication and training opportunities presented by this partnership agreement.
  
  3. Encourage all workers on this project to follow all safety and health regulations, policies, and procedures applicable to their work.
  
  4. Participate in the project Labor-Management Safety and Health Committee Meetings as needed.
SUBCONTRACTOR PROGRAM PARTICIPATION

All participating site Subcontractors shall adopt and comply with the Site Safety and Health Manual, prepared and issued by Manhattan / Torcon JV, for the project site.
- Subcontractors shall adopt an effective overall safety and health program, which shall include the following elements:
- Subcontractors shall have personnel on site that are responsible for, possess the authority, and are capable of effectively implementing the overall site safety and health program.
- Eligible site Subcontractors must comply with the terms of this agreement in order to participate. OSHA may disqualify a Subcontractor if the Subcontractor fails to correct a serious hazard or fails to comply with the terms of this agreement.
Subcontractors will be able to take advantage of this opportunity to partner with OSHA. Subcontractors participating in this partnership agreement must:
1. Sign a letter of agreement with Manhattan / Torcon JV, indicating their intent to participate in this partnership initiative. (Appendix D)
2. Verify that a comprehensive written safety and health program exists or will be implemented within 30 days of the signing of this agreement which is at least equivalent to the criteria referenced herein, including the Subcontractor's implementation of policies and procedures establishing that safety rules and procedures are enforced at the site.
3. Certify that their policy and procedures hold supervisor(s) and worker(s) accountable for following established safety rules and OSHA regulations.
4. Certify that their company has not been cited by the Baltimore Area Office within the past three (3) years for alleged violations classified as “willful”, “high gravity serious” or “repeat”.
5. Provide employees the level of training required by OSHA regulations either through their own training personnel or other consultant/trainers.
6. Ensure that all competent persons, supervisory personnel or other personnel serving in the capacity as a competent person will have completed the OSHA 10-hour course for the construction industry (or its equivalent) within a year. Records of training certification will be provided to Manhattan / Torcon JV and made available for review.
7. Provide periodic safety related data or statistics concerning such issues as man-hours worked, lost workday injuries, accident records and OSHA inspection results. Manhattan / Torcon JV will provide a summary of and analysis of pertinent safety related information for review by OSHA.

PROJECT SAFETY ANALYSIS

The parties agree and acknowledge that management of safety and health depends upon an ability to recognize hazards to which workers may be exposed and the ability to correct or control all known hazards as they arise. Accordingly, Manhattan / Torcon JV will ensure that all Subcontractors reasonably demonstrate the use or existence of the following:
1. Safety and Health Programs
  1. Review all new and acquired work, materials, chemicals, and equipment before construction activity begins to determine potential hazards and to plan for their prevention or control.
  2. Routine examination and analysis of hazards associated with individual jobs, processes, or phases of construction.
  3. Routine self-inspections and hazard abatement.
  4. A system for project workers to notify management, without fear of retaliation, about conditions that appear hazardous.
  5. A system for investigating accidents and near-misses, including procedures or guidance, reports of findings, and the tracking of hazard correction to completion.
  6. A system to analyze trends through a review of site injury and illness data, and the hazards identified through inspections so that patterns of common causes can be identified and eliminated.
2. Hazard Prevention and Control
  1. The Subcontractors must eliminate or control recognized hazards by the following methods:
    1. Engineering controls;
    2. Administrative controls;
    3. Personal protective equipment; and
    4. Safety and health rules, including work procedures for specific operations, that are communicated to and understood and followed by all affected workers and their supervisors;
  2. Subcontractors must inspect and maintain equipment to prevent or detect the presence of hazardous conditions. The Subcontractors shall document its ongoing maintenance activities.
  3. Subcontractors must have a system for initiating timely corrective actions and for documenting the completion of the corrective actions.
  4. Subcontractors must have a recordkeeping programs designed to recognize injuries and illness trends and provide effective and prompt corrective action when necessary on the site.
  5. Emergency response procedures must be written and communicated to project workers. The procedures must list emergency telephone numbers, emergency routes, emergency exits, and requirements for personal protective equipment where required and training and evacuation drills.
3. Training
  1. Manhattan/Torcon JV will inform all workers on the project during orientation how the partnership agreement operates and the rights of workers under the Occupational Safety and Health Act.
  2. All Subcontractors must provide safety and health training for their workers, for the activities in which they are engaged.
4. Safety Committee and Meetings
  
  With respect to all site safety or health hazards, Manhattan / Torcon JV agrees to conduct a weekly safety meeting with representatives from Subcontractors working on the project.
  
  Manhattan / Torcon JV agrees to form a Site Safety Committee with the required presence of designated safety persons and open to designated representatives, which will meet in conjunction with the Site Safety Audit Meeting. The Site Safety Committee will review all pertinent safety issues on the site, safety observations, anticipated abatement of hazards, upcoming activities requiring additional safety attention, training or inspection and to address any other safety and health related issues.
EMPLOYEE/EMPLOYER RIGHTS

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

Manhattan / Torcon JV and Subcontractors retain all rights guaranteed under the OSH Act, including the right to have informal conferences and/or contest violations issued by OSHA.

INSPECTIONS
1. Manhattan / Torcon JV Site Inspections
  1. Manhattan / Torcon JV agrees to exercise a reasonable duty of care over all site safety or health hazards in any areas of the site and to eliminate the potential for injury or illness in accordance with this partnership agreement. For example, Manhattan / Torcon JV will ensure subcontractors establishments of emergency evacuation plans, a hazard communication and inventory of site chemicals reported, a fall protection plan and perimeter guards, and compliance with use of personnel protective equipment, including NFPA 70E.
  2. With respect to site safety or health hazards, Manhattan / Torcon JV will conduct comprehensive inspections, with Subcontractor involvement as warranted, as often as necessary, but not less than once a month.
  3. Manhattan / Torcon JV may delegate the task of inspecting part or the entire site to a smaller compliment of representatives, given that the findings and recommendations of each inspection are reviewed at weekly safety and health meetings.
2. Complaint Investigations
  
  This partnership provides for the immediate response to each allegation of a safety or health hazard brought to its attention by any person. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard. OSHA agrees that a copy of each non-formal complaint related to the work at the site and filed with OSHA will be forwarded by fax, or mailed, to Manhattan / Torcon JV site office. In accordance with applicable law, the identity of a complainant requesting confidentiality will not be revealed. Manhattan / Torcon JV agrees to investigate these complaints, regardless of the employer involved and provide OSHA with a written response according to the following timetable:
  Failure to meet these time frames, or providing a response determined by OSHA to be inadequate, will place the complaint/referral outside the scope of this partnership and OSHA will respond as it would to any complaint of a similar nature.
3. Inspections
  1. Manhattan / Torcon JV and Subcontractors, if participating in this partnership, will be granted a twelve month inspection deferral from programmed inspections following a successful onsite verification inspection while working on this site.
  2. OSHA personnel will continue to conduct investigations resulting from formal complaints, referrals, fatalities, catastrophes, other accidents or significant events. OSHA will also investigate contractors whose employees are exposed to or are creating plain view hazards at partnering worksites. These investigations will be conducted outside of this partnership agreement in accordance with established OSHA enforcement policy. Violations documented during such investigations may result in the issuance of citations and penalties.
  3. During OSHA inspections of non-participant subcontractors, participant subcontractors whose program has been previously verified by an OSHA inspection will not be included in the inspection unless the compliance officer verifies that the participant subcontractor is responsible for employee exposure to hazards.

OSHA ON-SITE VERIFICATION INSPECTION AND INCENTIVES

In order to assist in measuring the success of this partnership, an initial enforcement verification inspection will be conducted (within 90 days) after the signing of this agreement, and annually thereafter. The onsite enforcement verification may be conducted as a focused inspection if the site meets the criteria outlined in OSHA's current enforcement guidelines (See OSHA Memorandum on the Focused Inspection Initiative, September 20, 1995). Annual verification inspections will be timed to adequately evaluate employee exposure to OSHA's four focus hazards.

The top causes of injuries and illnesses will be determined by all parties during the initial OSHA verification inspection, and may be adjusted based on experience. Additionally, corrections will be identified by all parties and implemented by Manhattan / Torcon JV Injury and illness incidence in targeted areas will be evaluated through the injuries logs and any other relevant accident reports.

OSHA will meet with signatories, quarterly, to mutually review partnership issues and to examine updated DART rates and the injury and illness experience of USAMRIID jobsite and its contractors at this site. OSHA shall provide feedback on any noted incident trends and patterns.

Manhattan / Torcon JV and Subcontractors, if participating in this partnership, will be granted a twelve month inspection deferral from programmed inspections following a successful onsite verification inspection.

OSHA will not issue penalties to Manhattan / Torcon JV and Subcontractors for other-than-serious violations, provided the violations are immediately abated. OSHA reserves the right to issue penalties for regulatory violations for which mandatory penalties are established pursuant to the policy set forth in the Field Operations Manual.

When calculating initial penalty reduction, OSHA may provide an additional 10% penalty reduction for good faith to participating site contractors or subcontractors provided they have taken steps to adopt into their safety program all of the provisions of the partnership agreement. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where a contractor's or subcontractor's total penalty reduction is 100 percent or more, the minimum penalty provisions of OSHA's FOM will apply.

EVALUATION

A joint evaluation of the partnership will be prepared annually by OSHA in conjunction with Manhattan / Torcon JV using Appendix E. The evaluation will review the success of the partnership, lessons learned, and changes that will be made to meet the goals of the partnership.

TERMINATION OF AGREEMENT

This agreement will terminate or expire upon the completion of the project. Should OSHA or Manhattan / Torcon JV choose to withdraw their participation prior to that date, thirty (30) days written notice of the intent to withdraw must be provided to all other signatories. Any signatory may also propose modification or amendment of the agreement.

If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. OSHA will terminate the partnership if a participating employer is issued a citation related to workplace hazards which resulted in a fatality.

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

PAPERWORK REDUCTION ACT

Paperwork Reduction Act Notice Form Approved MB# 1218-022 Expires June 30, 2012. 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.

Signature Page

Based upon a mutual interest to protect construction workers at the United States Army Medical Research Institutes of Infectious Diseases jobsite, the parties below, on behalf of their respective organizations, agree to the above terms of an OSHA Partnering Agreement.

Signed this 29^th Day of October, 2009

PARTIES

For Manhattan / Torcon JV Brian Killion Project Executive Manhattan / Torcon JV	For OSHA Michael Walterscheid Area Director Baltimore Area Office
Scott Loureiro Project Executive Manhattan / Torcon JV
Leon Baukh Corporate Safety Director Torcon, Inc
Luis Cabrera Safety Manager Manhattan Construction

APPENDIX A

Partnership Fact Sheet

This partnering agreement was developed jointly by the United States Department of Labor, Occupational Safety and Health Administration, Baltimore Area Office (OSHA) and Manhattan / Torcon JV. The common objective of this program is to develop a contractor/government partnership that will encourage all construction contractors to improve their safety and health performance, assist them in doing so, strive for the elimination of serious accidents in the construction industry, and recognize those contractors with exemplary safety and health programs. Specifically, this agreement will provide a safe and healthful work environment for construction workers at the
United Sates Army Medical Research Institute of Infectious Diseases in
Fort Detrick, MD construction site.

Expected outcomes of this program include: developing model criteria for a multi-employer worksite safety and health program which identifies the responsibilities of each Subcontractor; making safety and health information available to all Subcontractors onsite; achieving participant recordable illness and injury rates below the national average for the construction industry; and focusing OSHA enforcement activity on Subcontractors who need to improve their safety and health efforts.

The agreement provides incentives to participating Subcontractors who voluntarily improve their safety and health performance. Opportunities for incentives will include an award of participation from OSHA, focused inspections, and deferral from programmed inspections for a period of twelve months following a successful OSHA verification inspection.

This agreement is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources, innovation in safety management and encourages more participation in the safety process by each stakeholder.

Therefore, the Occupational Safety and Health Administration and Manhattan / Torcon JV and subcontractors are entering into this partnership to foster a safer and healthier workplace for workers by having joint cooperation as prescribed within the terms and conditions set forth in this Agreement.

Brian Killion
Project Executive
Manhattan / Torcon JV

Michael Walterscheid
Area Director
Baltimore/ Washington Area Office

APPENDIX B

Subcontractors	Trade	Estimated Peak Man-Power
Seaboard Foundations	Caissons	20
Kinetics Inc	Plumbing	35
IES Commercial	Electrical	40
Manhattan Construction	Concrete	30
R.F Kline	Site work	10
Mangonaro Inc	Masonry	40
John J. Kirlin	Mechanical	30
SSM Industies	Sheetmetal	TBD
Prospect Waterproofing	Waterproofing	10
T.A.C Systems	Security Systems	TBD
Delaware Elevators	Elevators	6
National Fire Protection	Sprinklers	TBD
R&R Reinforcing	Rebar Reinforcing	30

APPENDIX C

MANHATTAN / TORCON, JV
PARTNERSHIP PROGRAM REQUIREMENTS

SUBCONTRACTOR SAFETY DOCUMENTATION

All Subcontractors must complete and submit the following information to the Safety Manager. Information shall be submitted to the attention of Luis Cabrera, Safety Manager. Refer to Manhattan / Torcon JV Site Specific Safety and Health Program.

Submit your Company's written Project Specific Safety Plan or Program.
Submit a written Site Specific Hazard Communication Program.
Submit Material Safety Data Sheets (MSDS) and an inventory list for ALL hazardous materials that will specifically be used on this project.
Submit name(s) and qualification(s) for your designated on site Safety Representative.
Submit name(s) and qualification(s) of your Company's Corporate Safety Manager and telephone number.
Submit emergency telephone numbers for all key personnel. Project Manager, Superintendents, on site designated Safety Representative(s), Corporate Safety Manager. Include 24 hour emergency telephone numbers. Phone numbers should include jobsite trailer number, home phone numbers and cell phone numbers.
Submit names and qualifications of all OSHA designated competent and qualified personnel assigned to project.
Submit any required safety related permits for job specific operations to be performed on this project.
Submit signed weekly tool box safety talks for all workers on site no later than Monday at 3:00 PM.
Submit a weekly safety inspection report by no later than Monday at 3:00 PM.
Submit a copy of your Company's OSHA 300 A Form by the end of January to be posted in February for work conducted on this project.
Submit Accident/Incident Investigation Reports (within 24 hours) for all incidents involving your workers.
Participate in Manhattan / Torcon, JV Orientation Program. New workers reporting to the jobsite for the first time must report to Manhattan / Torcon, JV trailer to attend a safety orientation prior to working on the jobsite.
Conduct OSHA required training. Keep copies on file and make available upon request.
Provide fall protection training. Ensure that all employees working on site understand that fall exposure potential greater than six feet (6') requires 100% fall protection
Provide HAZCOM training to all employees.
Provide stairway and ladder training (as required) to all employees.
Provide personnel protection equipment training (PPE) and confined space entry training (as required) to all employees. Provide ground fault protection for all temporary electrical power.
Provide Job Hazard Analysis (JHAs) and/or Safety Task Analysis (STAs) for all work activities under your contract.
Post the Emergency procedures and emergency telephone numbers in all jobsite trailers. Make available to employees.
Attend Safety Committee Meetings held monthly for Subcontractors Safety Representatives.
Distribute safety-meeting outlines, fatal facts or similar safety data to all employees on a weekly basis.
The Safety Manager may at any time issue verbal/ written safety warnings and/or remove subcontractors or their employees from jobsite for non-compliance of safety rules. Correct deficiencies within 24 hours of notice and respond in writing to any Safety Observations. The following reprimands apply to minor safety violations. IDLH and fall protection violations are zero tolerance.
Provide employees an opportunity to receive OSHA 10 hour or 30 hour training, PPE training, first aid, CPR training. Perform on an as needed basis.
Inform workers that Subcontractor MSDS sheets are available for review at Manhattan / Torcon, JV. Field Trailer.
Maintain a list of all first aid and CPR trained employees.
Provide and maintain first-aid kits for your employees.
Provide and maintain fire extinguishers for your work.
Provide all employees with your emergency evacuation plan.
Maintain copies of all safety documentation on file in the jobsite trailer. All safety documentation and files shall be made available upon request.

APPENDIX D

LETTER OF INTENT TO PARTICIPATE
UNITED STATES MEDICAL RESEARCH INSTITUTE
OF INFECTIOUS DISEASES REPLACEMENT
SAFETY PARTNERSHIP

Name of Subcontractor: __________________________________________________________
Subcontractor Site Representative:____________________________________________________
Anticipated Number of Workers:___________________________________________________

We have read the requirements to participate in United States Medical Research Institute of Infectious Diseases Safety Partnership and agree with all aspects of the program, including the submission of the required information. Specifically, we recognize the need to strive to meet the following requirements:

We understand the agreement provides incentives to participating Subcontractors who undertake these actions to voluntarily improve their safety and health performance. Incentives will include special recognition from OSHA and focused and reduced enforcement efforts by OSHA.

Based upon the mutual interest to protect construction workers in the United States Medical Research Institute of Infectious Diseases Facility project, we agree to the terms of the OSHA Partnering Agreement.

Signed this day of , 20__

Subcontractor
Project Manager

Luis Cabrera
Safety Manager
Manhattan / Torcon JV

Appendix E

OSHA Strategic Partnership Program

Annual Partnership Evaluation Report

Partnership ID#

Cover Sheet

Partnership Name

Purpose of Partnership

Goal of Partnership
Goal	Strategy	Measure




Anticipated Outcomes

Strategic Management Plan Target Areas (check one)
Construction		Amputations in Manufacturing
General Industry
Strategic Management Plan Areas of Emphasis (check all applicable)
Amputations in Construction		Oil and Gas Field Services
Blast Furnaces and Basic Steel Products		Preserve Fruits and Vegetables
Blood Lead Levels		Public Warehousing and Storage
Concrete, Gypsum and Plaster Products		Ship/Boat Building and Repair
Ergo/Musculoskeletal		Silica-Related Disease
Landscaping/Horticultural Services

Section 1 - General Partnership Information

Date of Evaluation Report
Evaluation Period:
Start Date		End Date

Evaluation OSHA Contact Person
Originating Office

Partnership Coverage
# Active Employers		# Active Employees

Industry Coverage (note range or specific SIC and NAICS for each partner)
Partner	SIC	NAICS

Section 2 - Activities Performed

Note whether an activity was provided for by the OSP and whether it was performed
	Required	Performed
a. Training
b. Consultation Visits
c. Safety and Health Management Systems Reviewed/Developed
d. Technical Assistance
e. VPP-Focused Activities
f. OSHA Enforcement Inspection
g. Offsite Verifications
h. Onsite Non-Enforcement Interactions
i. Participant Self-Inspections
j. Other Activities

2a. Training (if performed, provide the following totals)
Training session conducted by OSHA staff
Training session conducted by non-OSHA staff
Employees trained
Training hours provided to employees
Supervisors/managers trained
Training hours provided to supervisors/managers
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

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

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

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

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

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

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

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

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

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

Section 3 - Illness and Injury Information ^A

Year	Hours	Total Cases	TCIR	# of Days Away from Work Restricted and Transferred Activity Cases	DART
2008
2009
2010
Total
Three-Year Rate (2008-2010)
BLS National Average for 2006					2.7
Baseline					2.7

Comments

Section 4 - Partnership Plans, Benefits, and Recommendations

Changes and Challenges (check all applicable)
	Changes	Challenges
Management Structure
Participants
Data Collection
Employee Involvement
OSHA Enforcement Inspection
Partnership Outreach
Training
Other (Specify)
Comments

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

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

Status Recommendations (check one)
Partnership Completed
Continue/Renew
Continue with the following provisions:

Terminate (provide explanation)

^A Sample Chart - not required format

Appendix F

Safety and Health Program Evaluation

Subcontractor has implemented a comprehensive written safety and health program based on ANSI A10.38-1991 or the OSHA 1989 Safety and Health Program Management Guidelines, and has site specific safety plans for all of the contractor's work at the site.

Subcontractor maintains a copy of its specialty contractor's safety and health plan, hazard communication plan, and enforces a fall protection policy that is consistent with this Agreement.

Subcontractor has designated safety personnel at each site who conduct documented safety inspections of all work on the contractor's projects, and through training and experience, can recognize hazards and have authority to take prompt corrective action. Training equivalent to the OSHA 10-Hour Construction Outreach Course is satisfactory.

Subcontractor has trained all field supervisory personnel and has provided additional training for competent persons in such areas as scaffolding, excavation, fall protection, crane operations, etc. (This additional training will be dictated by the type and scope of the work the contractor routinely conducts).

Subcontractor provides a safety and health program orientation for all new employees and trains employees for hazard recognition specific to the contractor's work sites.

Subcontractor has evidence of employee involvement including, but not limited to, participation in self-audits, site inspections, job hazard analyses, safety and health program reviews, safety training and mishap investigations.

Subcontractor conducts and documents weekly employee safety meetings.

Subcontractor conducts and documents self-audits.

Subcontractor uses a six-foot fall protection policy.

Subcontractor has a written enforcement program.

Page last updated: 03/12/2010


	What's New \| Offices
Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business