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 Printing Instructions |
STRATEGIC PARTNERSHIP
BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,
THE MCSHANE CONSTRUCTION CORPORATION
AND
GEORGIA INSTITUTE OF TECHNOLOGY – SAFETY, HEALTH AND ENVIRONMENTAL DIVISION
FOR THE
SPRINGS AT EFFINGHAM CONSTRUCTION PROJECT
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- Purpose and Scope
This agreement was developed jointly by McShane Construction Corporation and the
Savannah Area Office of the Occupational Safety and Health Administration (OSHA)
and Georgia Institute of Technology – Safety, Health and Environmental Division
(Georgia Tech). The common objectives and goals of the agreement are to provide
a safe and healthful work environment for employees engaged in construction
activities on the SPRINGS AT EFFINGHAM Construction Project. This partnership is
a voluntary agreement and is an alternative to the OSHA’s traditional
enforcement procedures. This agreement is consistent with OSHA’s long-range
efforts to develop to improve health and safety in the construction industry and
effectively utilize OSHA’s resources.
This partnership will involve the construction of a new 22 – building, 2-story
apartment complex which will be approximately 9,600 sf per floor with 16
apartment units, per building. There will also be a clubhouse built, which will
be a single story and approx 4,400 sf with a pool. McShane is committed to
providing a healthy, safe, clean working environment for its employees. As
evident by this partnership, the McShane emphasizes continual improvement in the
area of safety and health, as well as quality.
- Identification of Partners
The partners in this agreement will include the following:
- McShane Construction Corporation
- OSHA’s Savannah Area Office
- Georgia Tech
- Goals and Measurements
The overall goal of the partnership is to create a working relationship that
will focus efforts on preventing work related fatalities, controlling or
eliminating serious workplace hazards and injuries. The worksite will implement
the following secondary goals and objective to achieve an accident-free
workplace:
3.3. Goals, Strategies and Performance Measures
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GOAL |
STRATEGIES |
MEASURES |
| 1. |
Reduce the number of work-related injury and
illness cases by 10% quarterly for the duration of the project, using the
first quarter of the project as the site’s baseline. |
a. Establish proactive measures for the common hazards found at
construction sites.
b. Use best methods practices.
c. Provide all necessary engineering controls, administrative controls and
personal protective equipment. |
Compare injury and illness data from the OSHA 300
log using the first year as a baseline. |
| 2. |
Establish a cooperative relationship between
labor and management to achieve a safe and healthful workplace. |
a. Conduct weekly toolbox safety meetings.
b. Conduct 10 and 30 hour OSHA training courses.
c. Keep open door safety policy.
d. Conduct Pre-Task Safety Planning. |
a. Minutes of tool box meeting will be used
to track and document attendance.
b. Course rosters to be used to track number receiving training.
c. Track incoming
safety issues,
suggestion forms
and complaints
and their
resolution. |
| 3. |
Increase worker’s awareness of the most
common causes of workplace injuries and illnesses in the construction
industry, included but not limited to: falls, electrical safety,
struck-by, caught in/between, silica, cranes and noise. |
a.
Provide weekly toolbox safety meetings and conduct 10 and 30 hour OSHA training
courses.
b. Use best methods to prevent injuries and illnesses of the most common hazards
in the construction industry
c. Conduct site audits and daily site walk through. |
After conducting hazard awareness training,
compare the number of hazards identified during the daily, weekly and
monthly audits, with the site’s baseline performance in this area. |
| 4. |
One hundred percent (100%) of contractors and
subcontractors to have comprehensive written safety and health programs.
|
Written safety and Health programs will be
required for all contractors, subcontractors and tier-subcontractors. |
The number of sub-contractor with
comprehensive written safety and health program at the end of the project. |
- Safety and Health Programs
McShane Construction Corporation and all contractors/subcontractors agree to
develop, implement, and maintain effective comprehensive safety and health
management systems in accordance OSHA’s 1989 Safety and Health Management
Guidelines as follows:
- Management Commitment and Employee Participation
- A written safety and health program that addresses critical hazards
- Management training that includes safety and health awareness
- Employee participation in company safety and health awareness
- Annual safety and health program review
- 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.
Additionally, this partnership will not affect the employee’s rights under the
OSHA Act and OSHA regulations, including walk around rights during an OSHA
inspection. Employees shall be involved in the implementation of the worksite
safety and health programs including: audits, site inspections, job hazard
analysis, and investigations.
- Management and Operation
A partnership committee will be formed to manage the operation of this
partnership agreement. It will consist of the McShane Safety Representatives and
the OSHA Compliance Assistance Specialist. A McShane Safety Representative will
serve as the chairperson, the Site Safety Coordinator and as OSHA’s primary
contact. The McShane Safety Representative will review contractor compliance and
involvement in the partnership, analyzes job site audits, make partnership
improvements, evaluate partnership modifications, achievements and success.
McShane Construction Company staffing during the project will consist of three
full time safety coordinators and a full time superintendent to assist in safety
management. Participating companies agree to have a full time safety official
whose job will be to manage the safety and health program, reduce
injuries/illnesses, and ensure compliance with OSHA standards. This official
will have the authority to ensure safety and health corrections and to shut down
operations that pose an imminent danger risk.
Georgia Tech will provide training and assistance to employers regarding the
development of an effective Safety and Health Management System (SHMS)
including: management commitment, employee involvement, hazard recognition,
hazard elimination and control, training, and annual performance reviews to
ensure continuous improvement. OSHA will also provide tools to assist in the
development and implementation of these SHMS. Following the outreach/training
sessions, McShane Construction Company will be responsible for identifying the
number of participants that have developed a new program or enhanced their
existing safety and health program. OSHA and McShane will review the data and
verify the information as necessary. The partnership will result in an increase
in the number of contractors that develop safety and health programs or enhance
their existing program.
Georgia Tech and OSHA will provide outreach/training sessions to increase the
awareness of management and labor to potential hazards commonly found around
institutional building construction projects. Following the outreach/training
sessions, McShane Construction Company will work with contractors to develop
tools to eliminate and control hazards. The partnership will result in an
increase in the number of workplace hazards eliminated or controlled at the site
through voluntary efforts. McShane Construction Company will be responsible for
identifying the number hazards voluntarily eliminated or controlled.
6.1 Occupational Safety & Health Administration:
- Will provide an OSHA representative for training sessions
- Will provide assistance by designating an OSHA representative to evaluate the
effectiveness of the partnership
- Will clarify the intent of OSHA standards, provide assistance on health and
safety issues, and assist in the development of useful safety and health tools.
- Conduct an onsite enforcement verification inspection.
6.2 McShane Construction Company
- Fully support and encourage participation in matters relative to safety and
health during the partnership with a spirit of cooperativeness.
- Require sub-contractors to meet the OSHA requirements.
- Participate in the training sessions and the partnership evaluation.
- Provide a representative to serve as a point of contact.
- Collect data and information related to hazard identification and control and
share the information as appropriate.
- Require 100% fall protection for employees working above 6’.
- Ensure that safety and health training is provided to all workers in a
language they understand.
6.3 Georgia Tech
- Will give priority consideration to requests for service to small contractors
who are engaged in work at the project.
- Will assist OSHA with the hazard awareness training sessions
- Will provide training and assistance with the development of effective Safety
and Health Management Systems (SHMS) by employers at the site.
6.4 Sub-Contractors
- The subcontractors under the control of the McShane Construction
Company on the SPRINGS AT EFFINGHAM - Construction
Project, that adhere to the requirements of this agreement, will
receive the benefits of this partnership.
- OSHA Inspections
McShane Construction Company and its sub-contractors will remain subject to OSHA
inspections and investigations in accordance with agency procedures. OSHA will
continue to investigate fatalities and catastrophes that occur at member
companies. OSHA will continue to investigate all complaints and referrals
received in accordance with OSHA Instruction CPL 2.115, Complaint Policies and
Procedures.
A. Self-Inspections
The McShane Construction Company agrees to exercise control over any recognized
site safety or health hazard identified during comprehensive self-inspections,
and to eliminate the potential for injury or illness in accordance with this
partnership agreement. The on-site safety representative will conduct monthly
comprehensive inspections of the entire project with contractor involvement, as
agreed. The on-site safety representative will supplement the comprehensive
inspections with weekly inspections and periodic inspections, as necessary. The
on-site safety representative will report any findings directly to the
appropriate contractor/subcontractor. The on-site safety representative 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.
B. OSHA Enforcement Complaint/Referral Investigations
This partnership provides for immediate employer response to each allegation of
a safety or health hazard brought to its attention by any employee or employee
representative. Upon a finding that an allegation is valid, the employer shall
promptly abate the hazard.
- Non-formal complaints - Non-formal complaints, as referred to in CPL
02-00-140 and as related to a partnership site, will be faxed to the onsite McShane Construction Company office. In accordance with established OSHA
procedures, the name of the complainant will not be revealed. McShane
Construction Company agrees to investigate these complaints, regardless of the
employer involved, and to 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 OSHA, during the course of the investigation, determines that the incident
resulted from violations of an OSHA standard, the employer will not be afforded
partnership incentives.
C. On-site Verification Enforcement Inspections
OSHA will conduct the initial verification inspection no sooner than
three-months after partnership participants formally enter into this agreement.
During this period participants should develop and implement the safety and
health management systems required under this agreement. After this period, OSHA
will conduct the initial onsite enforcement verification inspection and annually
thereafter. These inspections will follow Focused Inspection protocol (per the
appropriate OSHA guidelines) by a compliance officer familiar with this
agreement.
Violations of standards, regulations or the General Duty Clause found during
verification inspections may result in citations. Inspections conducted in
response to complaints and referrals may qualify as a verification inspection
if, in addition to addressing the complaint or referral items, the compliance
officer completes the focused inspection protocol for the entire work site. All
employees’ rights under the OSH Act will be afforded.
If OSHA determines that any site subcontractor, under the control and direction
of McShane Construction Company, does not meet the requirements set forth in
this partnership agreement, the OSHA inspection of this subcontractor’s work
will proceed in accordance with the traditional OSHA protocol for comprehensive
inspections.
- Partnership Benefits
The following are benefits for the McShane Construction Company and their
subcontractors when and only when they are working at SPRINGS AT EFFINGHAM
Construction Project:
a) A 12-month deletion from programmed inspection lists. This will occur after
completion of the initial onsite consultation visit by the Georgia Tech Onsite
Consultation Program, and an onsite enforcement verification inspection by the
OSHA Savannah Area Office.
b) Participation in the partnership will result in eligibility for the maximum
good faith penalty reductions of 25%, except for willful, repeat, and
failure-to-abate violations and fatality investigations.
c) No penalties for non-serious violations except for recordkeeping violations
and failure to timely report fatalities.
g)d) Technical assistance and training by OSHA and the Georgia Tech Onsite
Consultation Program.
- Evaluation
The partners will conduct a joint evaluation one year after the signing of the
partnership to determine if the partnership should be modified, discontinued, or
improved. The evaluation will be accomplished by OSHA based on data provided by
the McShane Construction Company and the Georgia Tech Onsite 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.
Additionally, McShane Construction Company agrees to collect data designed to
reflect the impact of the outreach/training activities and all signatories agree
to an initial commitment of time to complete all aspects of the partnership. The
resources used will be validated by the expected positive impact in the form of
better safety and health programs and the control of predictable hazards in the
workplace.
- Termination
The partnership is expected to run until September 2009. However, if OSHA, the
McShane Construction Company or Georgia Tech Onsite 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.
- Signatures
John J. Deifer
Area Director - OSHA |
Date |
Program Manager |
Date |
Project Manager |
Date |
Safety Director |
Date |
Safety Manager |
Date |
Safety Engineer |
Date |
Project Superintendent |
Date |
Project Superintendent |
Date |
Assistant Project Manager |
Date |
Assistant Project Manager |
Date |
Assistant Project Manager |
Date |
Assistant Project Manager |
Date |
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