OSHA Strategic Partnership Program<< Back to Region III

  1. General

    Region III of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and the PJ Dick-Barton Malow, A Joint Venture (hereafter referred to as "Joint Venture"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC East Monroeville Hospital Project (hereafter referred to as "Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, the Joint Venture, and trade contractors to foster a safe work environment for all project employees as prescribed in this agreement.

    The agreement between the Joint Venture and OSHA calls for the project to be managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or it’s equivalent.

    Under the Partnership, the contractors expect that OSHA will acknowledge superior performance by providing timely responses to requests for information, requests for clarification of OSHA standards and other benefits as resources allow. To show their commitment to the Partnership, contractors will voluntarily sign a pledge (Appendix B).

    This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between the Joint Venture, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

    This Partnership will not in any way affect employees’ ability to exercise rights under the OSH Act and OSHA regulation.

    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 and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.
     
  2. Identification of Partners

    The following organizations are considered Partners:
    • Occupational Safety and Health Administration, Pittsburgh Area Office (OSHA)
    • PJ Dick-Barton Malow, A Joint Venture
    The following organizations pledge to support the Partnership:
    • Pittsburgh Regional Building Trades Council
    • University of Pittsburgh Medical Center Health System
    • Trade Contractors
  3. Project Overview

    Project construction is anticipated to start in 1Q – 2010 and be completed 3Q – 2012. It is expected that 40-50 union trade contractors will employ approximately 250-300 craft persons at peak construction.

    Project details include:

    Owner:
    University of Pittsburgh Medical Center Health System
    600 Grant Street, 60th Floor
    Suite 6059
    Pittsburgh, PA 15219

    Project highlights:
    • Construction cost $125,000,000
    • 255,000 square-feet, 6-story new construction
    • 18 ICU beds, 100 Medical /surgical beds and two airborne infection isolation rooms
    • 12 Emergency treatment spaces consisting of two triage, six exam, two isolation and two resuscitation bays
    • Surgery can Cardiac Care including five operating rooms, two procedure rooms and two cath labs along with 20 prep and recovery beds
    • Four Endoscopy procedure rooms
    • Cancer Center with LINAC
    Major components of the work will include: site construction, excavation work, caissons installation, rebar installation, concrete foundations, structural steel, pre-cast concrete, miscellaneous metal work, electrical, masonry, mechanical/plumbing, glazing, and roofing.
     
  4. Partnership Goals, Strategies, Measures

    The goal of this Partnership is to encourage joint cooperation between OSHA, the Joint Venture, and trade contractors to foster a safe work environment for all project employees as prescribed in this agreement.

    This goal will be accomplished by implementing and maintaining the site specific Project Safety Plan (Attachment 1).

    The Partnership will use 4.8 as a baseline project DART rate, with the goal to further reduce this level annually by at least 3% for the duration of the Partnership.

    The Partnership will meet quarterly to review project injury and illness statistics and work together to resolve issues.
     
  5. Statement of Agreement

    OSHA agrees to:
    1. Evaluate the Joint Venture Project Safety Plan (Attachment 1) prior to and during the OSHA enforcement verification inspections using Appendix C (or equivalent) and to determine whether effective safety and health management systems are in place.
    2. Designate an experienced OSHA Compliance Assistance Specialist (CAS) to serve as a resource and liaison person for the Partnership.
    3. Meet with the Joint Venture quarterly to review project safety performance. Safety performance will be evaluated through review of trade contractors’ OSHA 300 logs for the project and related accident reports.
    4. Assist Partners in assessing OSHA interpretations and clarifications as to the meaning and application of OSHA standards and policy.
    5. Provide information on OSHA training resources available.
    The Joint Venture agrees to:
    1. Provide a dedicated Site Safety Manager to serve as a safety resource and liaison person for the Partnership and to assist trade contractors with safety issues / concerns.
    2. Provide notice to all trade contractors that the UPMC East Monroeville Hospital Project is subject to this Partnership and include the Partnership Fact Sheet (Appendix A) in the Project New Worker Safety Orientation.
    3. Develop and implement the Project Safety Plan (Attachment 1).
    4. Evaluate trade contractors’ safety and health management systems utilizing the Joint Venture’s Safety Evaluation (Attachment 2).
    5. Notify the Pittsburgh OSHA Area Office of trade contractors that have completed the Joint Venture Safety Evaluation and have pledged both support and cooperation to the Partnership (Appendix B).
    6. Offer trade contractors safety and health information (i.e., toolbox safety meetings) especially on the focused four construction hazards.
    7. Maintain project safety performance report. Require all active trade contractors to submit an updated OSHA 300 Log for the project.
    8. Meet with OSHA quarterly to review the safety performance of the Joint Venture and trade contractors and provide feedback on noted incident trends or patterns.
    9. Coordinate safety related matters that pertain to site general conditions such as hazard communications, emergency response, installation and maintenance of building perimeter guardrail systems and housekeeping.
  6. On-Site Enforcement Verification Inspections and Benefits

    In order to assist in measuring the success of this Partnership, an initial enforcement verification inspection will be conducted after the signing of this agreement, and annually thereafter. The enforcement verifications may be conducted as a focused inspection if the site meets the criteria outlined in OSHA’s current enforcement guidelines. In addition to traditional enforcement issues, the inspection should assess the Partner’s progress in meeting the requirements of the Partnership.

    Upon execution of the Partnership, and for each year until completion of the project, participating trade contractors will be granted a twelve – month inspection deletion from programmed inspections, following a successful initial, and annual enforcement verification inspection.

    OSHA will not issue penalties to participating trade contractors 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 Operation Manual (FOM).

    OSHA will provide, as resources allow, timely responses to requests for information and clarification of OSHA standards.
     
  7. OSHA Inspections

    This Partnership provides for the timely 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 responsible trade contractor 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 mail to the UPMC East Monroeville Hospital Project site office. The identity of a complainant requesting confidentiality will not be revealed. The Joint Venture agrees to investigate these complaints and provide OSHA with a written response within 24 hours after receipt of the complaint.

    Failure to meet this time frame, 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.

    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 the project. OSHA will not issue penalties to participating contractors for other-than-serious violations, provided the violations are immediately abated.
     
  8. Employee/Employer Rights

    This Partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the OSH Act.
     
  9. Leveraging

    This Partnership seeks to leverage the resources of both, the Joint Venture and OSHA to have a greater and more positive impact on safe working conditions at this site than could be achieved otherwise.
     
  10. Evaluation

    Partners will jointly prepare an annual evaluation of the Partnership using Appendix D. The evaluation will review the success of the Partnership, lessons learned, and changes that will be made to meet the goals of the Partnership.
     
  11. Termination

    This Partnership will terminate two years from the date of the signing or upon completion of the UPMC East Monroeville Hospital Project. If either OSHA or the Joint Venture wishes to withdraw its participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.
     
  12. Paperwork Reduction Act

    Paperwork Reduction Act Notice Form Approved MB# 1218-0244 Expires 06-30-2012 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.



    United States Department of Labor
    Occupational Safety & Health
    Administration

    Based on a mutual interest to protect construction workers, the below parties agree to the terms of the OSHA / PJ Dick – Barton Malow, A Joint Venture Partnership Agreement for the construction of the UPMC East Monroeville Hospital.

    Signed_____ day of___________ , 2008





    Partners:

    ______________________________________
    Robert Szymanski
    Area Director
    Pittsburgh Area Office
    USDOL/OSHA


    ______________________________________
    For the Joint Venture,
    Clifford R. Rowe, Jr.
    Chief Executive Officer
    PJ Dick Incorporated

    ______________________________________
    For the Joint Venture,
    Name
    Title
    Barton Malow


     
PARTNERSHIP FACT SHEET – APPENDIX A

Region III of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and the PJ Dick-Barton Malow, A Joint Venture (hereafter referred to as "Joint Venture"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC East Monroeville Hospital Project (hereafter referred to as "Project").

The goal of this Partnership is to encourage joint cooperation between OSHA, the Joint Venture, and trade contractors to foster a safe work environment for all project employees as described in this agreement.

The agreement between the Joint Venture and OSHA calls for the project to be managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or it’s equivalent.

Under the Partnership, the contractors expect that OSHA will acknowledge superior performance by providing timely responses to requests for information, requests for clarification of OSHA standards and other benefits as resources allow. To show their commitment to the Partnership, contractors will voluntarily sign a pledge (Appendix B)

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between the Joint Venture, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees’ ability to exercise rights under the OSH Act and OSHA regulation.

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 and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

PLEDGE – APPENDIX B

Region III of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and the PJ Dick-Barton Malow, A Joint Venture (hereafter referred to as "Joint Venture"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC East Monroeville Hospital Project (hereafter referred to as "Project").

The goal of this Partnership is to encourage joint cooperation between OSHA, the Joint Venture, and trade contractors to foster a safe work environment for all project employees as described in this agreement.

The agreement between the Joint Venture and OSHA calls for the project to be managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or it’s equivalent.

Under the Partnership, the contractors expect that OSHA will acknowledge superior performance by providing timely responses to requests for information, requests for clarification of OSHA standards and other benefits as resources allow. To show their commitment to the Partnership, contractors will voluntarily sign a pledge (Appendix B)

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between the Joint Venture, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees’ ability to exercise rights under the OSH Act and OSHA regulation.

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 and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

Based on mutual interest to protect construction workers, the below party pledges both support and cooperation to the OSHA / PJ Dick-Barton Malow, A Joint Venture Partnership Agreement by following the PJ Dick-Barton Malow Project Safety Plan.


______________________________________
Authorized Representative (print / type)

______________________________________
Signature

______________________________________
Title (print / type)

Company / Organization (print / type)

SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION – APPENDIX C
  1. Joint Venture and trade contractors have implemented a comprehensive written Project Safety Plan.
     
  2. Joint Venture maintains copies of trade contractors’ safety and health plans, hazard communication plans, and fall protection plans (where applicable) or Joint Venture requires trade contractor to follow its safety plan.
     
  3. Joint Venture and trade contractors have designated safety representatives at the site who conducts documented safety inspections of work, has through training and experience, can recognize hazards, and has authority to take prompt corrective action. Training equivalent to the OSHA 10-Hour Construction Outreach Course is satisfactory.
     
  4. Joint Venture and trade contractors have trained field supervisory personnel and has provided additional training for competent persons in such areas as scaffolding, excavation, fall protection, crane operations, etc. (Additional training will be dictated by the type and scope of the work the trade contractor routinely conducts).
     
  5. Joint Venture provides a safety and health management system orientation for all new workers, including hazard recognition specific to the work sites.
     
  6. Joint Venture and trade contractor have evidence of employee involvement including, but not limited to, participation in self-audits, site inspections, job hazard analysis, safety and health management system reviews, safety training and accident / near-miss investigations.
     
  7. Joint Venture and trade contractors conduct and document weekly employee safety meetings.
     
  8. Joint Venture conducts and documents self-audits.
     
  9. Joint Venture and trade contractor follow a six-foot fall protection policy.
     
  10. Joint Venture and trade contractors have a written enforcement program.
OSHA STRATEGIC PARTNERSHIP PROGRAM – ANNUAL PARTNERSHIP EVALUATION REPORT – APPENDIX D
  1. 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      

     
  2. 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
         
         
         
         
         
         
         

     
  3. 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
    Abatement Assistance  
    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)


     

     
  4. Section 3 Illness and Injury Information A

    Year Hours Total Cases TCIR # of Days Away from Work Restricted and Transferred Activity Cases DART
    2010          
    2011          
    2012          
    Total          
    Three-Year Rate (20010-2012)      
    BLS National Average for 2006      
    Baseline     4.8    


    Comments


     

    A Sample Chart – not required format

     
  5. 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    
    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)