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OSHA Strategic Partnerships Program >
Region V > #581 Partnership Agreement |
 Printing Instructions
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STRATEGIC PARTNERSHIP
between
Holder Construction Company
and
The Chicago North Area Office of the Occupational Safety and Health Administration
for the
DuPont CH 1 Project in Elk Grove Village, Illinois |
I. Identification of Partners
Holder Construction Company and the Chicago North Area Office of the Occupational Safety and Health
Administration (OSHA) mutually recognize the importance of providing a safe and healthful work
environment for employees engaged in the construction industry. This strategic partnership will
heighten the visibility of OSHA at the DuPont CH 1 Project in Elk Grove Village, Illinois.
Holder Construction Company, which was established in 1960 in Atlanta, Georgia, employs more than
600 workers in locations in Atlanta, Georgia; Phoenix, Arizona; and Washington, D.C. The $300
million project is located at 2200 S. Busse Rd., Elk Grove Village, Illinois. The project consists
of converting a vacant 475,000 square foot manufacturing building into a Computer Data Center. There
will be approximately 12 subcontractors with 300-400 employees working at the site throughout the
duration of the project. It is expected to take 12-16 months to complete. All contractors and their
subcontractors that work on this project will be considered Partners.
A Partnership Committee will be formed and it will be comprised of the Holder Construction Company’s
Corporate Safety Director, Superintendent, and Safety Coordinators, and OSHA’s Chicago North Area
Director, Assistant Area Director for Construction, and the Compliance Assistance Specialist.
II. Purpose and Scope
This partnership represents a voluntary agreement which affords Holder Construction Company an
alternative to traditional OSHA enforcement. The purpose of this partnership is to foster open
communication among OSHA, Holder Construction Company, subcontractors and tier-subcontractors.
III. Goals, Strategies and Performance Measures
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GOALS |
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 |
- Establish proactive measures for the common hazards found at construction sites.
- Use best methods practices.
- Provide all necessary engineering controls, administrative controls and personal protective
equipment.
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Compare injury and illness data from the OSHA 300 log
using the first year as a baseline |
| 2. |
Promote cooperative relationship between labor and
management to achieve a safe and healthful workplace. |
- Conduct weekly toolbox safety meetings.
- Conduct 10 and 30 hour OSHA training courses.
- Keep open door safety policy.
- Conduct Pre-Task Safety Planning.
|
- Minutes of tool box meeting will be used to track and document attendance.
- Course rosters to be used to track number receiving training.
- Track incoming safety issues,
suggestion forms and complaints and their resolution.
|
| 3. |
Identify and prevent 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. |
- Provide weekly toolbox safety meetings and conduct 10 and 30 hour OSHA training courses.
- Use best methods to prevent injuries and illnesses of the most common hazards in the
construction industry
- Conduct site audits and daily site walk through.
|
- Site safety personnel will conduct daily, weekly and monthly audits to ensure that the most
common hazards are addressed.
- OSHA log 300 will be used to track the number of work-related injuries and illnesses.
|
| 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. |
Holder will require and maintain copies of all
contractor’s, subcontractor’s, and tier-subcontractor’s S&H programs. |
IV. 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 identify any modifications made to meet
the goals of this agreement. The annual evaluation will be in writing and in accordance with the
Appendix C of OSHA Directive CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and
Health, effective date of February 10, 2005. The first annual evaluation will be due14 months after
the date of signing of the partnership agreement.
V. Benefits
The benefits provided for in this partnership agreement apply only to those contractors working on
the DuPont-CH 1 Project where contractors, subcontractors and their tier-subcontractors have had no
fatalities or catastrophes within the last 3 years that resulted in serious, repeat or willful
citations related to the incident, and who have completed the OSHA 10 and 30- hour training courses.
All benefits will be applied after an OSHA verification inspection has been conducted.
- If cited by OSHA, the DuPont-CH 1 companies may be offered an additional 10 percent penalty
reduction for good faith beyond the reductions provided for in OSHA Instruction CPL 2.103 Field
Inspection Reference Manual (FIRM). However, the additional reduction will not apply to high gravity
serious, willful, failure to abate, or repeat citations.
VI. Verification
- Self-Inspections
The Holder 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.
- OSHA On-Site Non-Enforcement Verification
On a quarterly basis and throughout the duration of the project, OSHA may:
- Visit the site to assess and review the implementation of the partnership and to provide
opportunities for the partners and others to discuss potential challenges and further improvements
to the partnership.
- Be invited to the site to share information about the results of safety and health audits,
including near miss and accident investigation reports, attend post-audit meetings, and to assist
and advise the partners.
- Conduct specific training at the request of Holder Construction Company for site employees and
contractor management personnel.
- 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, as referred to in CPL 02-00-140 and as related to a partnership site, will
be faxed to the onsite Holder Construction Company office. In accordance with established OSHA
procedures, the name of the complainant will not be revealed. Holder 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.
- On-site Verification Enforcement Inspections
OSHA will conduct one unannounced verification inspection every 6 months during the duration of the
project to assess the implementation of the partnership agreement. These inspections will follow
Focused Inspection protocol and will be conducted in accordance with paragraph XIV B.4 of OSHA CSP
03-02-002: OSHA Strategic Partnership Program for Worker Safety and Health 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 Holder
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.
VII. Management and Operation
A partnership committee will be formed to manage the operation of this partnership agreement. It
will consist of the Holder Safety Representatives and the OSHA Compliance Assistance Specialist. A
Holder Safety Representative will serve as the chairperson, the Site Safety Coordinator and as
OSHA’s primary contact. The Holder Safety Representative will review contractor compliance and
involvement in the partnership, analyzes job site audits, make partnership improvements, evaluate
partnership modifications, achievements and success.
Holder 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.
VIII. 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 abrogates 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, and to participate in self-audits, self-inspections, job hazard analyses, and accident
investigations.
IX. 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.
X. SIGNATURES
__________________________________
Diane Turek
Area Director
Occupational Safety and Health Administration (OSHA) |
__________
Date |
__________________________________
David M. O’Haren
Executive Vice President
Holder Construction Company |
__________
Date |
__________________________________
Andy Hyde
Superintendent
Holder Construction Company |
__________
Date |
__________________________________
Jorge E. Cisneros
Safety Director
Holder Construction Company |
__________
Date |
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