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Occupational Safety and Health Administration Haskell - America's Design-Build Leader
University of South Florida
STRATEGIC PARTNERSHIP
BETWEEN
THE HASKELL COMPANY,
THE UNIVERSITY OF SOUTH FLORIDA CONSULTATION PROGRAM
AND
UNITED STATES DEPARTMENT OF LABOR,
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
FOR THE
UNIVERSITY OF NORTH FLORIDA STUDENT HOUSING PROJECT

1) PURPOSE AND SCOPE

This partnership expands the Occupational Safety and Health Administration's (OSHA) reach into the construction industry, by enabling OSHA, the University of South Florida (USF) Safety Florida Consultation Program and the Haskell Company to increase employee safety and health training and employers with effective safety and health programs. The primary goal of this agreement is the effective reduction of serious injuries and fatalities in the construction industry.

The number of fatalities in Florida investigated by OSHA, has increased significantly (increasing 19% from 2000 to 2006). Fatality investigations involving construction increased 26%. In 2002, the State of Florida experienced 134 fatalities, 67 (50%) of which were in construction; and data from OSHA's computer system indicates that in FY 98, 65% of the 133 fatalities in Florida were in construction. During fiscal years 2001-2002, as the total numbers of fatalities continued to increase, the percentage of fatalities related to construction also increased, from 47% to 50%. Enforcement data from the accident investigation summary for the construction industry indicate that in Florida, the four leading causes of death were fall, struck-by, caught-in, and electrical hazards. In 1998 in Florida, 83% of the construction fatalities were related to these four hazards.

Founded over forty years ago, the Haskell Company ranks among the foremost design-build organizations in the United States, and serves clients throughout the Western Hemisphere. Haskell provides complete planning, architectural, engineering, construction, program management, real estate, and financing and facility management services on a single-responsibility basis. The company's expertise spans industrial, commercial, institutional, public and civil infrastructure projects. The Haskell Company has annual revenues in excess of $700 million with offices in the United States and Mexico.

This partnership agreement will cover Haskell's construction of the University of North Florida (UNF) Student Housing Project. The UNF Student Housing Project consists of four residential towers which will have 1,000 beds. The residences will be constructed using full height tilt-up concrete panels, with hollow core and D-beams. The project is scheduled to begin in November 2007 and conclude June 2009. The average daily employment at the site will be about 500 employees with as many as 30 different contractors on site daily.

2) IDENTIFICATION OF PARTNERS

The partners in this partnership include; the Haskell Company; the USF Safety Florida Consultation Program; and the Occupational Safety and Health Administration (OSHA) Jacksonville Area Office.

3) GOALS/STRATEGIES

The primary and secondary goals of this agreement include the following:
  1. Reduce the number of serious injuries and fatalities at the worksite, compared to the current available Bureau of Labor Statistic (BLS) data for the construction industry
  2. Increase the number of employers with effective safety and health management systems
  3. Increase the number of workers, supervisors and foremen who are provided 10-hour safety training.
  4. Recognize those contractors with effective safety and health programs, employee participation and site-specific safety and health plans that assure compliance with OSHA regulations.
This agreement promotes contractor partnerships with OSHA, the Haskell Company, and the USF Safety Florida Consultation Program. Following guidelines under the 21 (d) Grant, the USF Safety Florida Consultation Program will verify that the agreement requirements are being met, and agreement goals are being attained by reviewing evidence of regular and effective internal safety audits, accident investigations and injury/illness data.

The objective of the parties is to reduce injuries/illnesses and fatalities by leveraging voluntary compliance. By adhering to this agreement, the Haskell Company and the USF Safety Florida Consultation Program, working with qualified local contractors and labor organizations, will allow OSHA to focus its compliance resources on work sites which are more likely to have serious hazards.

4) PERFORMANCE MEASURES

All contractors working on this project will be required to develop and implement a comprehensive 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 (Days Away Restricted Time - DART). Baseline data collection will include the number of contractors that did not have an effective comprehensive written safety and health program implemented prior to their involvement with this partnership. Safety assessment data will be reviewed to ensure hazards are abated on a day-to-day basis. This process will serve to eliminate or abate hazards found during the project on a day-to-day basis, and ensure that all incidents are reported, investigated, and that written corrective action plans are developed. Additional data that will be collected during the review will include the number of hazards corrected, the number of nonconformance(s) (violations of the Haskell Safety and Health Management System, which is referred to as the Code of Safe Practices), as well as the number of incidents reported.

5) PROGRAM EVALUATION

This partnership will include an annual evaluation to determine whether modifications are needed, and a review of its status. The evaluation will be accomplished by OSHA based on data provided by the Haskell Company and the USF Safety Florida Consultation Program. The evaluation will follow OSHA Directive Number CSP 03-02-002, Strategic Partnerships for Worker Safety and Health and effectively evaluate the contractor's success toward achievement of the established goals.

In addition the Haskell Company will submit the following data:
  1. Number of contractors in this partnership.
  2. Number of employees involved in this partnership.
  3. Number of employees who were trained under this partnership.
    1. Employees
    2. Supervisors
  4. Number of evaluation audits by the Haskell Company
6) BENEFITS

The following are benefits for the Haskell Company and approved contractors and their subcontractors when and only when they are working at The Haskell Company's UNF Student Housing project:
  1. A 12-month deletion from programmed inspection lists. This will occur after completion of the initial onsite consultation visit by the USF Safety Florida Consultation Program, and an onsite enforcement verification inspection by the OSHA Jacksonville Area Office.
  2. Unprogrammed inspections by OSHA of contractors/subcontractors will be conducted as Focused Inspections, rather then Comprehensive Inspections. It should be understood, if serious hazards are found, inspection may be expanded to a Comprehensive level.
  3. No penalties for non-serious violations except for recordkeeping violations and failure to timely report fatalities.
  4. A Quick-Fix penalty reduction of 15% will be applied to an individual violation's base penalty after the base penalty has been calculated if the violation is immediately corrected.
  5. Maximum penalty reduction for good-faith, except for willful, repeat, and failure-to-abate violations and fatality investigations.
  6. Reductions on uncontested serious violations of up to 25% during informal settlement conferences.
  7. Technical assistance and training by OSHA and the USF Safety Florida Consultation Program.
  8. OSHA will inform complainants of the Haskell Company – UNF Student Housing Project Partnership with OSHA and encourage the handling of complaints by OSHA's phone and fax procedure.
  9. Assistance and guidance from OSHA for the citations issued (i.e., abatement assistance) to contractors and subcontractors on the Haskell Company site during the length of this agreement.
  10. OSHA will provide the Haskell Company with copies of all citations issued to contractors and subcontractors at the UNF worksite during the length of this agreement.
Note: The OSHA Regional Administrator has the authority to negotiate the amount of an additional penalty reduction as part of the informal conference settlement agreement, in the event that a citation with penalties is issued

7) OSHA VERIFICATION
  1. Onsite Enforcement Verification: An OSHA representative knowledgeable with the partnership agreement will perform an onsite verification of The Haskell Company's UNF site. At a minimum, the verification will include:
    1. Focused inspection of the site (the verification inspection may be conducted as a focused inspection, per the appropriate OSHA guidelines)
    2. Review of illness and injury data for the site.
    3. Review of Safety and Health Training for all employees at the site.
    4. Review of Safety and Health Management Systems for all employers at the site.
  2. Onsite Non-enforcement Verification: Non-enforcement interactions will be conducted by the USF Safety Florida Consultation Program. The scope of the non-enforcement verification will be comprehensive.
8) OSP MANAGEMENT AND OPERATIONS

The Haskell Company will perform periodic comprehensive safety and health assessments of the worksite. Assessments will involve the employee safety representative, if present, and general employees. Safety and health assessments will address at a minimum, the following areas: Fall hazards, caught in/between hazards, electrical hazards, and trenching and excavation hazards. The Haskell Company will include other areas of high hazards when appropriate. Defects identified during the assessments will be corrected. The Haskell Company will ensure the contractor documents and investigates all incidents.

The Haskell Company will obtain the following data to establish a baseline to calculate future results of this partnership agreement
  1. The Days Away Restricted Transfer Rate (DART)
  2. The Total Case Incident Rate (TCIR) for the year.
  3. Number of contractors and subcontractors and employees covered throughout the year by this partnership agreement.
  4. All incident analysis and near misses during the previous year, involving contractors and subcontractors.
Nothing in the Agreement will exempt the general contractors from meeting their obligation to control the site and to promptly remove employees at the site from safety and health hazards. The general contractor may be subject to citation(s) in accordance with OSHA's multi-employer citation policy outlined in OSHA's compliance directive CPL 02-00-124 (CPL 2-0.124).

The Haskell Company will require that all contractors meet the requirements of this partnership.

Each contractor will be required to designate a responsible safety representative for this site. The employee will have the authority, responsibility and training to immediately correct any safety deficiencies.

All Haskell employees and contractors on this project will comply with the requirements of the Code of Safe Practices (COSP) developed by the Haskell Company and all OSHA regulations pertaining to their scopes of work. Several requirements of the COSP exceed OSHA requirements, in such areas as fall protection (100%), temporary electric (GFI), cave-in protection for excavations at 4 foot, and scaffolding.

All Haskell Permanent Craft Employees (PCE's) shall receive the OSHA 10-hour Construction Course or equivalent training (National Center for Construction, Education and Research), and this training will be conducted in English and Spanish as required. Employees will be trained in hazard recognition, OSHA standards, company safety policies and their rights under the OSH Act of 1970.

On this project, all contractors shall have a minimum of one supervisor or foreman with a current First Aid/CPR and OSHA 10-hour card or its equivalent. Current OSHA 10-hour cards are ones completed within the last three years. Contractor supervisors or foreman not meeting the current First Aid/CPR and OSHA 10-hour requirement shall update this certification within the first sixty days of assignment. Supervisors or foreman without documented First Aid/CPR and OSHA 10-hour training shall attain these within 30-days of assignment.

9) EMPLOYEE AND EMPLOYER RIGHTS AND RESPONSIBILITIES

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.

Each employee is responsible for learning and abiding by the rules and regulations that are applicable to their work and for reporting observed or anticipated hazards to their immediate supervisor. If the hazard is not corrected, the affected employee will refuse to perform this work, and will report the conditions to the Contractors Designated Safety Representative.

10) TERM OF OSP

OSHA and the Haskell Company will reassess this Partnership if a contractor:
  1. Receives willful or failure-to-abate violations.
  2. Receives numerous violations.
  3. Receives high gravity, serious violations.
  4. Fails to follow OSHA reporting requirements such as reporting an accident or a catastrophe within eight hours.
  5. Has an employee representative who requests a reassessment.
Failure to follow these requirements may result in termination of the Partnership.

This Partnership will last for three years from the date of signing.

If OSHA, the Haskell Company or USF Safety Florida Consultation Program wishes to withdraw their participation prior to the established expiration date, the Partnership will be considered null and void upon receipt of a written notice of the intent to withdraw.

If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. A signatory may also propose modification or amendment of the agreement.

 
Partnership Signature Page



 
Steve Halverson
President and CEO
The Haskell Company



 
Date



 
James D. Borders
Area Director
OSHA Jacksonville, Fl



 
Date



 
Greg Ferrell
Vice President and COO
The Haskell Company



 
Date



 
Charlene Vespi
Program Director
USF Safety Florida



 
Date



 
John Patton
President of Civil Public Facilities
The Haskell Company



 
Date



 
Stacey Barton
Director of Civil Public Facilities
The Haskell Company



 
Date



 
Kevin Kernan
Sr. Project manager
The Haskell Company



 
Date



 
Mike Adams
Sr. Project Manager
The Haskell Company



 
Date



 
Jim Leftwich
General Superintendent
The Haskell Company



 
Date



 
James Ray
Regional Safety Supervisor
The Haskell Company



 
Date



 
Boyd Worsham
VP Construction Support
The Haskell Company



 
Date



 
Lance Simons
Director of Safety and Quality
The Haskell Company



 
Date



 
Brian Roundtree
Manager of Safety
The Haskell Company



 
Date
   
 
 
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Page last updated: 05/21/2008