I. PURPOSE AND SCOPE
The United States Department of Labor, Occupational Safety and Health Administration (OSHA)
Atlanta-West Area Office, the Georgia Institute of Technology, Safety and Health and Environmental
Division (Georgia Tech) and 1Holder-Manhattan-Moody-Hunt, Joint Venture (HMMH, JV) mutually recognize
the importance of providing a safe and healthful work environment in the construction industry. The
common objectives and the goals of this agreement are to develop a contractor/government partnership
that will increase the number of employers in the construction industry with effective safety and
health programs, reduce injuries and illnesses, eliminate fatalities, and increase the number of
construction employees with OSHA 10 and 30-hour safety and health training.
OSHA, Georgia Tech and HMMH, JV, have agreed to implement an OSHA Strategic Partnership (OSP),
during the Maynard Holbrook Jackson International Terminal Project (MHJIT) to reduce occupational
injuries and illnesses by 10% each year, and eliminate fatalities.
The parties to this agreement recognize that it does not include any exemption from OSHA inspections
or penalties. However, the agreement will provide benefits to participating contractors who
voluntarily improve their safety and health performance. Benefits will include special recognition
from OSHA, e.g., limited scope inspections (such as, focused inspections), priority consultative
visits and reductions in penalties and opportunities for reduced insurance premiums. Additionally,
participants will likely achieve recordable illness and injury rates well below the national average
for the construction industry.
This partnership seeks to leverage the resources of HMMH, JV, Georgia Tech, 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, the partners expects to have a greater and more positive impact on safe working
conditions on this site, than could be achieved otherwise.
The 1.2 million square foot terminal will be used primarily for international passengers, but will
also serve domestic passengers. The total value of work for which the Joint Venture team of Holder,
Manhattan, Moody, and Hunt will be responsible is estimated at $746 million. Completion of the
terminal project is targeted for Spring of 2008.
II. IDENTIFICATION OF PARTNERS
This strategic partnership will heighten the visibility of OSHA at the Maynard Holbrook Jackson
International Terminal Project, as well as continue to nurture a cooperative relationship. The
partners in the program include:
- Holder-Manhattan-Moody-Hunt, Joint Venture
- Occupational Safety and Health Administration (OSHA)
- Georgia Institute of Technology, Safety Health and Environmental Division (Georgia Tech)
- Subcontractors performing work at the MHJIT site that abides by the terms of this agreement will
be afforded partnership benefits
III. GOALS AND PERFORMANCE MEASUREMENTS
- Reduce the total number of injury/illness cases by 10% per year for the
duration of the project, using the first year of the project as the site’s base-line.
Injuries and illnesses will be evaluated annually by reviewing the sites OSHA 300 logs and other
relevant accident reports.
- Identify and prevent causal factors contributing to injuries and fatalities, especially those
resulting from the four primary causes of construction injuries: falls, struck-by and caught-in
incidents, and electrocution.
- Increase the number of construction workers onsite completing the OSHA 10 and 30-hour course by
50 percent within 12-months of partnership implementation. (The baseline data for this goal will be
collected by HMMH, JV, refer to paragraph V.B.6.)
- Increase the number of construction companies (contractors/subcontractors) that implement
effective written comprehensive safety and health programs through the partners within 12-months of
partnership implementation. (The baseline data for this goal will be collected by HMMH, JV, refer to
paragraph V.B.6.)
IV. SAFETY AND HEALTH MANAGEMENT SYSTEM
HMMH, JV and all contractors/subcontractors agree to:
- Develop, implement, and maintain effective comprehensive safety and health
management system in accordance to OSHA’s 1989 Safety and Health
Management System guidelines as follows:
- Management Commitment and Employee Participation
- A written safety and health management system that addresses critical hazards
- Management training that includes safety and health awareness
- Employee participation in company safety and health awareness program
- Annual safety and health program review
- Jobsite Analysis
- Jobsite systems to recognize and abate hazards in a timely manner,
with particular attention to key industry hazards (for example falls, strains, sprains, hernias and
back injuries, eye injuries, and burns)
- Requirement for regular jobsite safety inspections
- Jobsite accountability for safety and health program enforcement
- Hazard prevention control
- A policy of regular investigation of accidents to determine the
causes and adoption of indicated changes in work practices.
- Identify personal protective equipment as required
- Training
- Employee safety and health training programs at all levels of the company
- Programs to make workers aware of potential health exposures
These programs will be evaluated during OSHA verification inspections.
V. MANAGEMENT AND OPERATION
OSHA, Georgia Tech and HMMH, JV, agree to work cooperatively to improve employee safety and health
at the MHJIT project. A partnership steering team consisting of two representatives from each
signatory will monitor the implementation of the agreement. During quarterly meetings the group will
share information on activities and results in achieving the goals of the strategic partnership. The
finding and results of the monthly safety and health meetings will also be discussed at the
quarterly steering team meetings. Accordingly, the following commitments are made by partnership
participants.
- OSHA and Georgia Tech agree to:
- Assist in the identification of programmatic needs at this site by
reviewing the documented safety program and by providing practical
help implementing the program. This assistance will be provided by a
Compliance Safety and Health Officer (CSHO) or Compliance
Assistant Specialist (CAS).
- Assist in the identification of the four primary injuries and illnesses
causal factors at the site by reviewing site data, such as the OSHA 300
log and incident reports. They will also work with the partner(s) to
develop effective countermeasures to prevent these hazards from
contributing to injuries, illnesses and fatalities.
- Assist small businesses/subcontractors with the establishment of
effective safety and health programs and training.
- Accomplish the annual partnership evaluation report based on data
provided by the worksite.
- Georgia Tech will also provide priority service to employers that meet the requirement to receive
this service. During these visits Georgia Tech will assist the employers with the identification of
programmatic needs by providing comprehensive safety and health assessments of the contractor’s
program. All contractors/subcontractors will be provided training on proper use of the OSHA 33 form
for self-assessment
- Georgia Tech will also assist with the data collection for the site’s annual
partnership evaluation report.
- HMMH, JV, agree to:
- Provide notice to all contractors/subcontractors that the MHJIT project is a participant in the
OSHA Strategic Partnership Program (OSPP). All employees will be informed of the partnership and
provided a fact sheet during orientation.
- Implement a 100% fall protection program where participant
requires and enforces the use of conventional fall protection such as
fall arrest systems, safety net systems, or guardrail systems, when
their employees or the employees’ of contractors/subcontractors are
performing work that is in excess of 6 feet above a lower level.
- Evaluate the safety and health management system of each of their
respective contractors/subcontractors on site to ensure that it is being
implemented in accordance with the terms of this partnership
agreement.
- Ensure that at least two members of the site safety team are bi-lingual,
to make certain all non-English speaking employees fully
participate in the safety program and are effectively trained in a
manner they understand.
- Manage the following site safety or health issues common to all areas
of the site and 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 to contractors and their subcontractors.
- Fall protection plan and perimeter guards
- Excavation and trenching training
- Provide OSHA and Georgia Tech with the necessary data to accomplish the annual partnership
evaluation report for the worksite.
- Depending on their availability, OSHA and Georgia Tech will participate in the monthly safety
committee meetings, as well as the quarterly steering team meetings.
- Ensure that HMMH, JV employees are effectively trained in the OSHA 10 and 30-hour courses for
construction industry workers.
- Contractors/Subcontractors performing work at the site agree to:
- Provide all required data to HMMH, JV, enabling OSHA
to accomplish the annual partnership evaluation report.
- Properly abide by the full terms of this partnership agreement. (Contractors/Subcontractors that
do not abide by the terms of this agreement will not receive partnership benefits.)
Contractor/Subcontractors must meet the following eligibility requirements to
receive the partnership benefits.
- Contractor/Subcontractor will submit records yearly to HMMH, JV,
documenting their corporate wide recordable injury and illness rates, and
days away from work rates, restricted workdays, and the employer’s
OSHA history.
- All contractors/subcontractors must have a responsible-person on site,
who possesses decision-making authority and is capable of effectively
implementing the overall site safety and health program.
- All contractors/subcontractors must complete a successful assessment of
their site safety and health program. This assessment shall consider:
- The comprehensiveness of the program
- The degree of which it has been implemented
- The presence of competent persons as required by relevant standards
- The means by which the program is enforced
- All contractors/subcontractors will use the OSHA 33 form for self-assessment, and provide a copy to HMMH, JV.
- Additionally, all contractors/subcontractors must have a good OSHA history with no willful or
repeat serious violations in the last three years.
VI. BENEFITS
- Georgia Tech’s Safety and Health Consultation Program will
provide priority service to those employers that meet the
requirements to receive this service. The consultation visit will
emphasize the development of an effective construction safety and
health program.
- Provide access to training resources including:
- List of OSHA Training Institute Courses (OTI)
- Information on other available training resources, such as
e-tools available on the OSHA web site.
- Participation in training sessions and meetings conducted by
OSHA and Georgia Tech, as resources allow.
- OSHA and Georgia Tech will provide participants with offsite
technical assistance.
- Maximum allowable penalty reductions for violations abated in a
timely manner, as prescribed by OSHA’s Field Inspection Manual
(FIRM).
VII. EMPLOYEE AND 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.
Employees will be encouraged to participate in the implementation of the overall safety and health
program, as well as specific activities such as self-audits, self-inspections, job hazard analyses,
and accident investigations.
VIII. OSHA VERIFICATION AND INSPECTIONS
- OSHA Inspections
- 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 a participating site and
filed with an area office, will be forwarded by the OSHA Area Director by fax to the HMMH, JV office
onsite. In accordance with applicable law, the name of a complainant requesting confidentiality will
not be revealed. HMMH, JV agrees to investigate these complaints, regardless of the employer
involved and provide OSHA with a written response according to the following timetable:
- Non-formal complaints/referrals alleging a serious hazard: 4-hours
- Non-formal complaints/referrals alleging an other-than-serious hazard: 24-hours
- 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.
- Self-Inspections
The HMMH, JV, agrees to exercise control over any recognized site safety or health hazard identified
during comprehensive self-inspections, to eliminate the potential for injury or illness in
accordance with this partnership agreement. The 2Site Safety and Health Coordinator will conduct
monthly comprehensive inspections of the entire project, with contractor involvement as agreed. The
Site Safety and Health Coordinator will supplement the comprehensive inspections with weekly
inspections and periodic inspections as necessary. The Site Safety and Health Coordinator will
report any findings directly to the appropriate contractor/subcontractor. The Safety and Health
Coordinator may delegate the task of inspecting part or all of the site to a smaller complement of
representatives, provided that representatives of organized labor (if present on the site) and
management participate in the inspection process, and provided further that the findings and
recommendations of each inspection are reviewed at monthly safety and health meetings.
If any site employer does not meet the aforementioned criteria, the inspection of their work and
safety and health performance shall proceed in accordance with traditional OSHA guidelines for
comprehensive inspections.
- On-site Verification Inspections
In order to assist in measuring the success of this partnership, a verification inspection
consisting of a review of the written program elements outlined herein and a focused inspection of
site construction hazards by a Compliance Safety and Health Officer will be conducted within 3
months of the signing of this agreement, and annually thereafter. The verification inspections will
focus on falls, struck-by, caught-in, and electrocution. No penalties will be assessed for
non-serious violations provided that they are immediately abated. Prompt abatement of violations
will lead to a consideration of the maximum good faith reduction.
If OSHA determines that any site subcontractor, under the control and direction of HMMH, JV, does
not meet the requirements set forth in this partnership agreement, the OSHA inspection of this
subcontractor’s work will precede in accordance with the traditional OSHA protocol for comprehensive
inspections.
IX. EVALUATION
A joint evaluation of the partnership will be prepared annually by the partners. The evaluation will
review the success of the partnership, lessons learned, and changes that will be made to meet the
goals of the partnership. The evaluation report will follow the format provided in Appendix C of
OSHA Directive CSP 03-02-002, Strategic Partnerships for Worker Safety and Health. Additionally,
this evaluation report will address the specific items listed below:
- Achievement of the annual injury and illness reduction goals;
- Participant contractor/subcontractor incidence of the focused four
construction hazards (falls, struck-by, caught-in, and electrocution) will be measured and compared
against a baseline established in the first year of the partnership. If the top four causes of
injuries are not among the focused hazards, approaches to address these hazards will be discussed
and implemented;
- Participant contractor/subcontractor employee involvement in the safety and health program will
be analyzed by reviewing employee participation in self-audits, site inspections, job hazard
analysis, safety and health program reviews, safety training, and mishap investigations; and
- Participant contractor/subcontractor completion of the OSHA 30-hour course for competent persons,
and 10-hour course for employees (or course equivalents)
- Implementation and improvements to safety and health management systems.
X. PARTNERSHIP TERMS
This agreement will terminate upon completion of the 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(s) or amendment(s) to the agreement.
XI. SIGNATURES
Andre Richards
Area Director
Occupational Safety and Health Administration (OSHA) |
Date |
Patricia Morris
Assistant Area Director
Occupational Safety and Health Administration (OSHA) |
Date |
David M. O’Haren
Executive Vice President
Holder-Manhattan-C.D. Moody-Hunt, a Joint Venture |
Date |
Jorge E. Cisneros
Safety Director
Holder-Manhattan-C.D. Moody-Hunt, a Joint Venture |
Date |
Kenneth E. Johnson
Director, Georgia Tech
Research Institute’s, Safety Health & Environmental Technology Division |
Date |
Daniel Ortiz
Program Manager
Georgia Tech Research Institute’s, Safety, Health & Environmental Technology Division |
Date |
1The joint venture team
consists of the following four employers: Holder Construction Company, which was established in 1960
in Atlanta, Ga, and employs more than 300 workers in locations in Atlanta, Ga., Phoenix, Ariz. and
Washington, D.C. Manhattan Construction Company, which was founded in 1896, and operates from
offices in Dallas and Houston, Tex; Tulsa and Oklahoma City, Okla.; Washington, D.C.; Atlanta, Ga.;
Greenville, S.C.; Richmond, Va.; Tampa, Fla.; and Mexico City, Mex. Moody Construction, which was
founded in 1988, and is headquartered in Atlanta, Ga, to provide construction management services
for clients throughout the Southeastern United States. Hunt Construction Group, was established over
60 years ago, and is one of the major construction firms in the nation.
2Under the HMMH, JV, the Corporate Safety and Health Director for Holder Construction
Company has been designated the Site Safety and Health Coordinator for the MHJIT Project.
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