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1. General

Pittsburgh Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The Tower at PNC Plaza (hereafter referred to as "Project").

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

The agreement between OSHA and PJ Dick 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. OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and assist as resources and/or OSHA Policy allow.  To show their commitment to the Partnership, participating 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 PJ Dick, 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 regulations.

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 Incorporated

The following organizations pledge to support the Partnership:

• Pittsburgh Regional Building Trades Council
• PNC Bank
• Trade Contractors
3. Project Overview

Project construction is anticipated to start in the first quarter of  - 2012 and be completed the second quarter of  - 2015. It is expected that 40-50 union trade contractors will employ approximately 300-350 craft persons at peak construction.

Project details include:

Owner:
PNC Bank
225 Fifth Avenue
Pittsburgh, PA 15222

Project highlights:

• Construction cost $300,000,000
• 802,000 square-feet
• 3-story underground parking
• 33-story new construction
• 368,000 square-feet of curtain wall

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, PJ Dick, 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 Partners 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 PJ Dick's 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 OSHA Compliance Assistance Specialist (CAS) to serve as a resource and liaison person for the Partnership.
3. Meet with PJ Dick 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 providing OSHA interpretations, clarifications and application of OSHA standards and policy.
5. Provide information on OSHA training resources available.

PJ Dick 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 Tower at PNC Plaza 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 PJ Dick's Safety Evaluation (Attachment 2).
5. Notify the OSHA Pittsburgh Area Office of trade contractors that have completed PJ Dick's 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 (which are Falls; Caught-In or Between; Struck-By and Electrocutions.
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 PJ Dick 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

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 deleted from programmed inspections, following completion of an initial, and annual enforcement verification inspection, in accordance with OSHA policy set forth by the FOM (Field Operations Manual).
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 each contractors' 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 Tower at PNC Plaza site office. The identity of a complainant requesting confidentiality will not be revealed. PJ Dick agrees to investigate these complaints and provide OSHA with a written response within 24 hours after receipt of the complaint.

OSHA personnel will continue to conduct investigations and inspections resulting from and not limited to formal complaints, referrals, fatalities, catastrophes, or 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 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).

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, PJ Dick 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 three years from the date of the signing or upon completion of The Tower at PNC Plaza Project. If either  Partner 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. 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 Partnership Agreement for the construction of The Tower at PNC Plaza.

Signed ______day of________________________________ , 2012

Partners:




_____________________________________
Robert Szymanski
Area Director
Pittsburgh Area Office
USDOL/OSHA




_____________________________________
Clifford R. Rowe, Jr.
Chief Executive Officer
PJ Dick Incorporated

 

In Support of:




_____________________________________
Richard Stanizzo
Business Representative
Pittsburgh Regional Building Trades Council

Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and   PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The Tower at PNC Plaza Project (hereafter referred to as "Project").

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

The agreement between PJ Dick 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. OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating contractors will voluntarily sign this pledge.

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between PJ Dick, 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.

Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and   PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The Tower at PNC Plaza Project (hereafter referred to as "Project").

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

The agreement between PJ Dick and OSHA calls for the project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or 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 assistance as resources and/or OSHA Policy 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 PJ Dick, 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 Partnership Agreement by following the PJ Dick Project Safety Plan.

________________________________
Authorized Representative (print / type)

________________________________
Signature

________________________________
Title (print / type)

________________________________
Company / Organization (print / type)

1. PJ Dick and trade contractors have implemented a comprehensive written Project Safety Plan.
    
2. PJ Dick maintains copies of trade contractors' safety and health plans, hazard communication plans, and fall protection plans (where applicable) or PJ Dick requires trade contractor to follow its safety plan.
    
3. PJ Dick and trade contractors have either a full-time or designated safety representative at the site to conduct and document safety inspections of work, and who through training and experience, can recognize hazards, and has authority to take prompt corrective action. Minimum training required for a site safety representative is either the OSHA 10-Hour or 30-Hour Construction Safety Outreach Course, as specified in the Project Safety Plan.
    
4. PJ Dick 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. PJ Dick provides a safety and health management system orientation for all new workers, including hazard recognition specific to the work sites.
    
6. PJ Dick and trade contractors 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. PJ Dick and trade contractors conduct and document weekly employee safety meetings.
    
8. PJ Dick conducts and documents self-audits.
    
9. PJ Dick and trade contractors follow a six-foot fall protection policy.
    
10. PJ Dick and trade contractors have a written enforcement program.

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
2012
2013
2014
Total
Three-Year Rate (20012-2014)
BLS National Average for 2006
Baseline					4.8

Comments

A Sample Chart - not required format

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)