The primary participants in this Partnership are,

1. Occupational Safety and Health Administration, Baltimore/Washington Area Office (“OSHA”)
2. Clark Construction Group, LLC

Project start dated around March 2010 and will continue through March of 2013. Approximately 60 contractors will employ 1,200 employees during peak construction. Consolidation efforts for the United States Coast Guard Headquarters will include a 1.2 million square foot facility, central utility plant, and 2 seven story stand alone parking garages that will include 990 spaces. In addition to core and shell construction Clark Construction will complete the interior fit, security, and audio/visual telecommunications of the headquarters building. Clark will also oversee the construction of a 400,000 square foot green roof and high efficiency mechanical and electrical systems. Also, wet ponds, bioswales, and step ponds will be included to help with storm management. The complete work will include: excavation work, pile foundation installation, cranes, caissons, concrete, rebar installation, structural steel and miscellaneous metal work, track work, electrical, masonry, mechanical/plumbing, and painting.

Clark Construction Group, LLC agrees to complete a self-audit and an evaluation of subcontractors’ safety and health programs using Appendix B (or equivalent) at the outset of the partnership; and

OSHA will observe whether the safety and health management systems in place are adequately protecting employees.

OSHA agrees to:

1. Help identify programmatic needs at this site by reviewing the documented safety and health management system and providing practical guidance for implementation.  The review will be performed by the project Safety and Health Manager and a Compliance Safety and Health Officer (CSHO).
2. Help identify, through the review of OSHA 300 logs, accident and near miss reports, primary causal factors in injuries and illnesses, in particular the four top hazards at this site, and recommend the appropriate corrective actions.
3. Provide information on training resources including available OSHA Training Institute courses and information on other available sources of training.
4. Assist partners in accessing OSHA interpretations and clarifications as to the meaning and application of OSHA standards and policy.
5. Participate in training sessions and meetings as resources permit.
6. Designate an experienced safety and health specialist to serve as a resource and liaison person for the partnership.
7. Meet with Clark Construction Group, LLC quarterly to review partnership issues and to examine updated DART rates and the focused four injury and illness experiences of Clark and its contractors at this site. OSHA shall provide feedback on any noted incident trends and patterns.

Clark Construction Group, LLC Agrees to:

1. Serve as a safety resource in support of all of the project’s contractors and subcontractors.
2. Provide notice to all contractors and subcontractors that are subject to this strategic partnership with OSHA.  All employees will be informed of the partnership and provided a fact sheet during orientation.  (Appendix A).
3. Administer the overall partnership program including, but not limited to, the initial contact and evaluation of subcontractor applications to determine whether the subcontractor meets the criteria specified within this partnership initiative under Section VI, Contractor Eligibility.
4. Notify the Baltimore Washington OSHA Area Office 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.
5. Maintain a dedicated competent Site Safety and Health Coordinator available to assist contractors and subcontractors with all safety and health issues.
6. Act as liaison for contractors with OSHA. 
7. Offer on-going information on safety or health topics of importance for contractors, especially on the focused four construction hazards.
8. Provide OSHA's interpretations of standards so that prime and subcontractors may better understand and properly comply with standards.
9. Maintain a site injury and illness log of all injuries and illnesses reported by all contractors and their subcontractors.
10. Meet with OSHA regularly to examine the injury and illness experience of the    partnership’s participants and to make corrections and adjustments as needed.
11. Manage the following site safety or health issues common to all areas of the site and be accessible to all contractors and subcontractors to reduce the potential for injury or illness in accordance with this partnership agreement:
• emergency action plan;
• hazard communication plan and inventory of site chemicals reported by contractors and their subcontractors;
• fall protection plan and perimeter guards; and
• personal protective equipment, including  equipment specified by NFPA 70 E, where applicable:

Contractors and Subcontractors agree to:

1. Apply all relevant components of their respective comprehensive safety and health programs. These programs shall include:
1. Analysis of 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 and 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 for 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. To comply with all current OSHA standards.
3. To implement a 6 foot fall protection policy.
4. To have supervisors provide visible leadership in implementing the safety and health program. This includes:
1. Supervisors establishing clear lines of communication with project workers.
2. Supervisors setting an example of safe and healthful behavior.
3. Supervisors creating an environment that allows project workers access to their top management and for contractor management to have access to the prime contractor’s management, and;
5. To report all site injuries and illnesses to Clark immediately so that the site injury and illness log may be accurately maintained.
6. To report all program deficiencies or damage to protective equipment, specifically site fall protection, immediately upon discovery  to Clark Construction, LLC and to take appropriate interim protective measures for protection of their employees
7. Contractors and subcontractors will submit records of their site recordable injury and illness rates, days away from work rates, restricted workdays, and the contractor’s OSHA history.
8. All contractors and subcontractors must have a person on site that is responsible for, possesses the authority over, and is capable of effectively implementing the overall site safety and health program.
9. All contractors and subcontractors must complete a successful assessment of their site safety and health program. This assessment shall consider:
1. the comprehensiveness of the program
2. the degree to which it has been implemented
3. the presence of competent persons as required by relevant standards
4. the means by which the program is enforced
10. Verify that a comprehensive written safety and health program exists or that it will be implemented prior to starting work, which is at least equivalent to the criteria referenced herein, including the contractor’s or subcontractor’s implementation of policies and procedures to ensure that safety rules and procedures are enforced at the site.
11. Certify that their policy and procedures hold supervisors and workers accountable for following established safety and health rules and OSHA regulations.
12. Ensure that employee training covers applicable site hazards and the means to correct them, as well as pertinent standards and regulations.  Provide appropriate safety information and training to non-English speaking employees in their native language.
13. Strive to ensure that within one year after obtaining acceptance into this partnership program that a designated safety representative or other person serving in the capacity as a competent person on the project will have completed the OSHA 10-hour course for the construction industry (or its equivalent).
14. Provide safety related data or statistics, as requested, concerning such issues as man-hours worked, lost work day injuries, accident records and OSHA inspection results. Clark will provide a summary of and analysis of pertinent safety and health related information for review by OSHA Baltimore Washington Area Office.  The purpose of such summary information will assist in preparing an annual report necessary for the evaluating the merits of the program and making recommendations for continuous improvement.

Subcontractors wishing to take advantage of this opportunity to partner with OSHA must:

1. Sign a letter of agreement with Clark Construction Group, LLC indicating their intent to participate in this partnership initiative and to take steps to adopt into their safety program all of the provisions of the partnership agreement. Appendix C.
2. Verify that a comprehensive written safety and health program exists or will be implemented within 30 days of signing which is based on the OSHA 1989 Safety and Health Program Management Guidelines (or their equivalent), and has site specific safety plans for all of the contractor’s work sites.
3. Certify that their policy and procedures hold supervisors and workers accountable for established safety rules and OSHA regulations.
4. Provide the level of training required by OSHA regulations to their workers either through their own training personnel or other consultants or trainers.
5. Strive to ensure that as soon as possible, but not longer than one year after obtaining acceptance into this partnership program, all supervisory personnel or other personnel serving in the capacity of competent person will have completed the OSHA 10-hour course for the construction industry (or its equivalent). Records of training certification will be provided to Clark Construction Group, LLC and made available for review.
6. Provide periodic safety-related statistics (man hours worked, lost workday injuries, accident records and OSHA inspection results). Clark Construction Group, LLC is to provide a summary and analysis for review by OSHA to track the progress of the strategic partnership in meeting its goals to reduce injury and illness rates and to prepare an annual report to evaluate the merits of the partnership.

1. Verification
   
   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 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: http://intranet.osha.gov/doc/LAP/doc handbook/ii_memo.html). 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 prior to and during the initial OSHA verification inspection, and may be adjusted based on experience. Additionally, corrections will be identified by all parties and implemented by Clark Construction Group, LLC. Injury and illness incidence in targeted areas will be evaluated through the OSHA 300 log and any other relevant accident reports.
   
   OSHA will meet with Clark Construction Group, LLC to review partnership issues and to examine updated DART rates and the injury and illness experience of its contractors at this site. OSHA shall provide feedback on any noted incident trends and patterns.
2. Benefits
   
   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 participating 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 Operations Manual (FOM).

1. 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 mail to the site office. In accordance with applicable law, the identity of a complainant requesting confidentiality will not be revealed. Clark Construction Group, LLC agrees to investigate these complaints, regardless of the employer involved and provide OSHA with a written response as follows:
   
   

   - Non-formal complaints/referrals alleging a hazard: 24 hours

   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.


2. Other Investigations
   
   OSHA personnel will continue to conduct investigations under local and national emphasis programs, workplace complaints, referrals, fatalities, catastrophes, other accidents or significant events, and will 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.

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.

This partnership seeks to leverage the resources of Clark Construction Group, LLC and OSHA by encouraging contractors to develop safety and health programs, implement them in an effective manner, complete self inspections, and evaluate worksite conditions and near misses to prevent accidents. By combining resources, OSHA expects to have a greater and more positive impact on safe working conditions at this site than could be achieved otherwise.

A joint evaluation of the partnership will be prepared annually by the partners 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

This agreement will terminate three years from the date of the signing or upon completion of the project. If either OSHA or Clark Construction Group, LLC 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.

OSHA will terminate the partnership if the participating employer is issued a citation related to workplace hazards which resulted in a fatality.

Brett Beall, Baltimore / Washington Area Office
(410) 865 - 2064

Preston Ward, Clark Construction Group, LLC
(202) 345-3001