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OSHA Strategic Partnerships Program > Region 4 > #377 Partnership Agreement

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STRATEGIC PARTNERSHIP BETWEEN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION JACKSONVILLE AREA OFFICE AND UNIVERSITY OF SOUTH FLORIDA CONSULTATION SERVICES PROGRAM AND CENTEX ROONEY/AVIATION CONSTRUCTORS, INC.

1. PROJECT OVERVIEW This partnership expands Occupational Safety and Health Administration’s (OSHA’s) reach into the construction arena, by enabling OSHA and Centex Rooney Construction Co./Aviation Constructors, Inc., (ACI) A Joint Venture to work with each subcontractor involved in the Jacksonville International Airport’s (JIA) Terminal Expansion Project. This agreement encourages work practices that utilize the latest technologies, while promoting an incident free, safe environment. The JIA Terminal Expansion Project is estimated to cost $228.0 million and is expected to last approximately four years. Stage One has already been completed and presently Centex Rooney/ACI Joint Venture is working on Stage Two of the Terminal Expansion Project. Stage Two is the Centralized Security Checkpoint Expansion, which will be complete in November of 2004. Completion of this stage will bring the Jacksonville International Airport into compliance with the Transportation Security Administration (TSA) requirements. From November of 2004 until February of 2005, the Centex Rooney/ACI Joint Venture staff will address punchlist items and other small projects in order to prepare the airport for Superbowl XXXIX, being held in Jacksonville on February 6, 2005. During the period of time from March of 2005 until October of 2005, the Centex Rooney/ACI Joint Venture Project Management Staff will begin preconstruction services in preparation for the construction of 3 new concourses A, B and C. Small maintenance projects are also expected to be completed during this time. In October 2005 actual construction will begin on the final stage of the Terminal Expansion Project, which will involve the actual construction of the 3 new concourses and demolition of the existing concourses. Completion of the final stage is projected for 2008. 2. IDENTIFICATION OF PARTNERS The partners in this program include: Centex Rooney/ACI Joint Venture Partners; University of South Florida (USF) Consultation Program; and the Occupational Safety and Health Administration (OSHA). Site personnel for the Centex Rooney/ACI Joint Venture will include, at a minimum, a senior project manager, a project manager, a senior superintendent, an area superintendent, a project engineer and a loss prevention manager (safety manager), during periods of normal construction activity. 3. PARTNERSHIP MANAGEMENT The management of this agreement will be accomplished by establishing a project Safety Leadership Committee (SLC) comprised of Centex Rooney/ACI Joint Venture Project Management Staff Members and one representative from each qualified subcontractor working under contract on the JIA Terminal Expansion Project. Normally, this committee will consist of no more than 15 members. The Safety Leadership Committee will meet monthly to discuss incidents, near misses, nonconformance(s), and other matters related to effective safety and health management at the site. Under this agreement the site will also establish a comprehensive assessment program that focuses on the compliance of employers to the Incident Prevention Program and identification of hazards. Daily audits will be conducted by Centex Rooney/ACI Joint Venture Project Management Personnel and the affected contractor’s safety representative. The site will also receive monthly assessments by the project Safety Leadership Committee, as well as external audits by Centex Rooney/ACI Joint Venture Loss Prevention Managers from other projects throughout the Company, and the University of South Florida Safety Consultation Service. Selected subcontractor project management or supervision will be asked to participate in the monthly Safety Leadership Committee audit whenever possible. Each subcontractor is required to participate in at least two audits annually. The employees of the subcontractors at the site shall be allowed and encouraged to participate in all audits, discussion regarding hazard abatement, as well as the monthly Safety Leadership Committee audit. Daily pre-task safety planning will be required for all work to be performed on the project. Each subcontractor’s supervision will plan their work, complete the pre-task safety plan, and communicate the plan to each of their workers. A progressive disciplinary and safety enforcement policy as described in the Incident Prevention Program, in section 7, that includes the termination of workers and subcontractors will be administered on site. Additionally, each subcontractor is required to provide reports of all incidents to Centex Rooney/ACI Joint Venture, including the written investigation reports with written corrective action plans. The Centex Rooney/ACI Joint Venture Project Loss Prevention Manager is responsible for tracking incidents and assessing nonconformance(s) at the site, to target specific areas of concern. 4. GOALS AND MEASUREMENT This partnership will focus on the elimination of hazardous conditions by establishing an effective and pro-active safety and health program. The primary objective of this agreement is the reduction of workplace injuries and illnesses, as well as the elimination of fatalities. The goals employed to achieve these results include the development of a comprehensive safety and health program, increased hazard awareness and hazard recognition, as well as increased safety and health training. 4.1 Implement Comprehensive Safety and Health Training: Increase the number of employers in the construction industry that have implemented comprehensive effective written safety and health programs. This partnership will require all subcontractors to strictly comply with the project specific Incident Prevention Program and OSHA’s safety and health regulations and guidelines. Contractors working on the JIA Terminal Expansion Project are to have a written comprehensive safety and health program. Contractors that do not have a written comprehensive safety and health program are required to contact the University of South Florida Consultation Program for assistance no later than thirty (30) days prior to the start of work at the JIA Terminal Expansion Project. An approved safety program must be in place prior to any work beginning by a subcontractor. The Centex Rooney/ACI Joint Venture Project Team will be responsible for identifying successful bidders without a written safety and health program and will direct them to contact the University of South Florida Safety Consultation Program prior to initiating work at the Jacksonville International Airport. Contractors requesting assistance from the consultation services agree to abate hazards identified during the consultative visit. The workers of each company shall be allowed to be involved in program development. Baseline data of total Case Incident Rate for the last three years will be obtained from each qualified subcontractor where available. The Centex Rooney/ACI Joint Venture Loss Prevention Manager who is responsible for the Project will track program development and specific areas noted for improvement.   Measure: All subcontractors working on this project will be required to develop and implement an effective written safety and health program. The results will be measured by reductions in the employer’s Total Case Incident Rate (TCIR) and Days Away, Restricted-work Total (DART). Baseline data collection will include the number of subcontractors that did not have an effective written safety and health program implemented prior to their involvement with this partnership, as well as obtaining the employer’s TCIR and DART within their initial six-months at the site. Throughout the project the number of subcontractors that develop and implement effective written safety and health programs will be tracked, as well as their TCIR and DART rates. 4.2 Implement Incident Prevention Program: The purpose of this goal is the establishment of a construction worksite free from exposure of recognized hazards by implementing an effective Incident Prevention Program to reduce workers exposure to hazards. This partnership will ensure that hazards found during the project are effectively corrected in a timely manner. Specific requirements of the Incident Prevention Program are addressed above in the Partnership Management section, as well as the Safety and Health Program section below.   Measurement: Audit data will be reviewed to ensure hazards are abated on a day-to-day basis. The number of hazards corrected, number of incidents reported, number of nonconformance(s), and disciplinary/safety enforcement actions taken will be tracked and reported. Eliminate or abate hazards found during the project on a day-to-day basis. All incidents are reported, investigated, and written correction action plans developed. 4.3 Increase Safety and Health Training: The partnership objective is to increase the number of trained construction workers in the industry. The partnership has established that: Each safety representative will complete the OSHA 30-hour course or equivalent. All workers will receive mandatory project specific construction safety orientation prior to starting work at the JIA Terminal Expansion Project. Subcontractors will ensure their workers receive either the OSHA 10-hr course or the NCCER 8-hr equivalent course, and the supervisors will receive a Safety Leadership Training Course. If timing is such that workers cannot complete training prior to starting work, they must be coupled with employees that have been trained until such time that they are trained. Subcontractors are required to show proof of training upon request by the Centex Rooney/ACI Joint Venture Project Loss prevention Manager. Baseline data from each contractor will be tracked by the Project Loss Prevention Department to measure success. Additionally, subcontractors will ensure that the training provided to employees is given in the language the employees can understand. Measurement: The Centex Rooney/ACI Joint Venture Partnership will require that subcontractors provide the total number of employees that are trained. OSHA will work with the Centex Rooney/ACI Joint Venture Project Loss Prevention Department to monitor the number of employees trained in the OSHA 10-hour and 30-hours courses. 5. STAKEHOLDER INVOLVEMENT AND DATA COLLECTION/ANALYSIS All contractors who work on the JIA Terminal Expansion Project are considered stakeholders in this partnership by virtue of the contractual agreement with The Centex Rooney/ACI Joint Venture Partnership. All contractors engaged in operations at the Centex Rooney/ACI Joint Venture worksite agree to conform to the safety and health requirements of this partnership. Additional stakeholders will be sought out during the JIA Terminal Expansion Project to assist in creating and maintaining a worksite that utilizes the safest methods reasonably available. During this agreement all stakeholders are encouraged to share their experiences, successes and partnership material with others. This partnership requires information to be collected and analyzed. The system used to complete this effort meets the Government Performance and Results Act (GPRA) requirements for activity, intermediate, and outcome measures. 6. SIGNATORY PARTNERS DUTIES AND RESPONSIBILITIES 6.1 Occupational Safety & Health Administration, Jacksonville Area Office: provide an OSHA Representative to be used as a resource to the Centex Rooney/ACI Joint Venture Partnership and provide technical assistance; conduct evaluations and verification inspections; assist in the data review and the annual partnership evaluation, and when available, will attend Safety Leadership Committee (SLC) Meetings. 6.2 Centex Rooney/ACI Joint Venture Partnership will: provide a Project Loss Prevention Manager to oversee the entire operation; representatives to serve on the SLC; conduct assessments; and serve as the primary data collector for the site. 6.3 Each company will: provide a Loss Prevention Representative to assist the project Loss Prevention Manager in administering the site safety program; assist in safety and health training; conduct audits; and provide information to the JIA Terminal Expansion Project. These representatives will be the Corporate Loss Prevention Manager from Centex Rooney and The Director of Safety from Cleveland Group, parent company of ACI. 6.4 University of South Florida Consultation Service: provide consultants as resources; perform an initial assessment of the project; assist contractors with the development of an effective written safety and health program; conduct safety and health training; assist with the data collection; and provide assistance accomplishing the annual partnership evaluation. 7. SAFETY AND HEALTH PROGRAM (INCIDENT PREVENTION PROGRAM) The JIA Terminal Expansion Project has a safety and health program that encompasses five main areas: 1) management leadership and responsibility, 2) employee involvement; 3) safety planning, 4) safety and health training, and 5) hazard prevention and control. The written project specific Incident Prevention Program includes the following requirements: 7.1 Fall Protection: 100% fall protection will be required for all employees working six feet or greater above the next lower level. This includes scaffolding and steel erection work. 7.2 Electrical Safety: Ground Fault Circuit Interrupters (GFCI) shall be provided on all receptacle outlets on the construction site for personnel protection. This requirement is in addition to any other requirement for equipment grounding conductors. 7.3 Struck By: Loads shall not be lifted overhead. Employees working around moving equipment, as well as those on or near public streets shall wear reflective material. 7.4 Maintenance and Protection of Traffic: All work on or near public streets must have an adequate and proper traffic control plan in place before work begins. 7.5 Trenching & Excavating: Appropriate permit and protection shall be provided for all trench and excavation work. Trenches and Excavations must be inspected daily by a competent person. 7.6 Scaffolding: All scaffolding is to be inspected by a competent person and have guardrails installed to include where cross braces exist. 7.7 Caught In/Between: All machines shall be properly guarded. 7.8 Personal Protective Equipment (PPE): All workers must wear appropriate PPE, including hardhat, safety shoes and eye protection while working on the project. 7.9 Training: Every worker on the site must complete a site-specific safety orientation. All safety representatives must have completed the OSHA 30 hour or equivalent training course. All project management, supervision and workers shall be trained in the OSHA 10-hr course or the NCCER 8 hr equivalent course, and the supervisors will receive a Safety Leadership Training Course. Additionally, all workers must receive the required training as described in the Incident Prevention Program. 7.10 Safety and Health Assessments: The Project Safety Manager and the contractor safety representatives must conduct daily safety audits. The project Safety Leadership Committee shall conduct a project assessment and contractor management representation is required during these assessments from all employers represented at the site. 7.11 Toolbox Meetings: Subcontractors shall conduct weekly safety meetings to discuss safety issues, incidents, and audit results. Safety representatives will ensure their employees are informed of this information through toolbox discussions. 7.12 The Safety Leadership Committee (SLC): The SLC consists of representatives from The Centex Rooney/ACI Joint Venture, and the University of South Florida Consultation Program, with a representative from OSHA merely serving as an observer on the committee. The Safety Leadership Committee will review contractor compliance and involvement in the partnership. The SLC will analyze job site audits, make partnership improvements and evaluate partnership modifications, achievements and success. 7.13 Programs and related training: Subcontractors will be required to provide interpreters to ensure that all safety and health related training is presented in a manner, which non-English speaking employees will fully understand. 7.14 All signs, warnings and other postings will be in both Spanish and English. 7.15 Hazard Reporting System: Employees are required to report hazards to their supervisors and there will also be a box on site for the anonymous submission of hazard reports. The Centex Rooney/ACI Joint Venture Loss Prevention Department will monitor this box and ensure that appropriate action is taken in response to all reported hazardous conditions in a timely manner. 8. EMPLOYEE INVOLVEMENT AND EMPLOYEE RIGHTS Workers are to be involved in the day-to-day implementation of worksite safety. All active qualified contractors will participate in safety audits, briefings and ensure that their employees are kept apprised of safety and health issues on the project. A system for employees to report hazards is described in the Incident Prevention Program. Trade workers are to be represented at all meetings and must be supportive of all actions in order to go forward. 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. 9. OSHA INCENTIVES All subcontractors will benefit from this partnership and OSHA’s involvement. The incentives, however, will only be available to “qualified” contractors on the JIA Terminal Expansion Project. The incentives include: Automatic penalty reductions for OSHA citations (25% good faith, 15% quick fix) Focused inspections vs. comprehensive inspection Maximum use of investigation (phone/fax) of complaints in lieu of onsite inspections Priority consideration for on-site consultation provided by the University of South Florida Consultation Service. Assistance obtaining the services of a mentor in the Voluntary Protection Program 10. VERIFICATION AND OSHA INSPECTIONS 10.1 Complaint/Referral 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/referral related to the work site and filed with OSHA will be forwarded by fax, or by CSHO, to the Centex Rooney/ACI Joint Venture Project Management office onsite. In accordance with applicable law, the name of a complainant requesting confidentiality will not be revealed. Centex Rooney/ACI Joint Venture agrees to investigate these complaints, regardless of the employer involved and provide OSHA with a written response within 5 working days. 10.2 Accident Investigations Employers engaged in this partnership recognize that OSHA fully investigates accidents involving death or serious physical harm. If during the course of the investigation OSHA determines that the incident resulted from violations of the OSHA standard the employer will not be afforded partnership incentives. 10.3 Verification Inspection OSHA will conduct the initial verification inspection three months after establishing this agreement and annual thereafter. The scope of the verification inspections will include the Focused Inspection criteria (falls, struck-by, caught-in and electrocution). A compliance officer that is familiar with the Centex Rooney/ACI Joint Venture Partnership Agreement will do the verification inspection. Employee rights under the OSH Act will be afforded. Once a verification inspection has been conducted at the site, which reveals that the site has adequately assessed and/or controlled/prevented employee exposure to hazards at the JIA Terminal Expansion Project, then the site can be deferred from programmed inspections for twelve months, in accordance with the current OSHA Instruction CSP 03-02-001, Strategic Partnerships for Worker Safety and Health. 11. PROGRAM EVALUATION This partnership will include an annual evaluation to determine whether modifications are needed and to review the status. The evaluation will be accomplished by OSHA based on data provided by the Centex Rooney/ACI Joint Venture Loss Prevention Department and the University of South Florida. The evaluation will follow OSHA Directive Number CSP 03-02-001, Strategic Partnerships for Worker Safety and Health and effectively evaluate the site’s success toward achievement of the established goals. All required data to monitor the success of the partnership goals will be submitted at least quarterly in May, August, November, and February of each year, with the first evaluation to be at the conclusion of the first year of the partners. 12. LEVERAGING This partnership will bring together a significant number of companies at one worksite limiting the resources normally used to reach the same number of contractors, increasing the impact of any training and outreach activities. Although, this partnership requires an initial commitment of time, by the 21(d) Consultative Project, to assist in the review and development of safety and health programs this is an effective use of resources. The implementation of effective written safety and health programs will have a positive impact on the construction industry and enhance the level of safety and health protection for workers on the JIA Terminal Expansion Project. It also encourages more participation in the safety process from the construction/trade association communities by requiring that employees be permitted to fully participate in the process. The requirements and benefits of the goals in this partnership will have long-term effects on the safety and health posture of the local construction industry. This type of high profile project has the ability to be a positive foundation, demonstrating that large, multi-employer sites can be run safely. 13. TERMINATION This agreement will terminate on or about June of 2008, or upon completion of construction activities at the JIA Terminal Expansion Project. If any signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other signatories. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any party may also propose modification or amendment to the agreement. SIGNATURES     James D. Borders Area Director - Jacksonville Occupational Safety and Health Administration   Date   Marshall Ewing Director of Loss Prevention Centex Rooney/ACI Joint Venture Partners   Date   Charlene Vespi Program Manager University of South Florida (USF) Consultation Program   Date   Wayne Binkins Director of Safety Cleveland Group, parent company of ACI   Date

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