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U.S. Department of Labor
STRATEGIC PARTNERSHIP BETWEEN

WILLIAMS BROTHERS CONSTRUCTION, INC.
Williams Brothers Construction, Inc
the OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,

OSHA

and

the ILLINOIS ONSITE SAFETY & HEALTH
CONSULTATION PROGRAM,
Seal of the State of Illinois

  1. BACKGROUND & IDENTIFICATION OF PARTNERS
     
    1. Background

      This Partnership is designed to address the hazards within the construction industry, and to promote and recognize jobsites that have developed effective safety and health programs. The Partnership agreement is an effective tool for ensuring safety at the Peoria Airport Project. It will serve to establish a cooperative effort in ensuring safety and maintaining an open line of communication between OSHA and contractors at the worksite. The Partnership is consistent with OSHA’s long-range efforts to develop a partnership approach to safety management. It allows for better use of OSHA resources and encourages participation in the safety process from the construction community.
       
    2. Partners
       
      • Williams Brothers Construction, Inc.
      • Peoria Area OSHA Office
      • Illinois Onsite Safety and Health Consultation Program
         
  2. PURPOSE/SCOPE

    The common objective and goal of the agreement is to provide a safe and healthful environment for employees working in the construction industry through increased training, implementation of best work-practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.

    By focusing efforts and resources, this Partnership expects to reduce exposure to hazards and incidence of serious injuries and fatalities. Increased communication between the stakeholders and mutual respect are additional benefits expected to be realized from this cooperative and voluntary Partnership.
     
  3. GOALS, STRATAGIES, AND MEASURES

    The overall goal of the Partnership is to create a working relationship that focuses on preventing work-related fatalities, controlling or eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. This Partnership will strive to achieve that goal by establishing a foundation of proactive measures which will include:
     
    1. Outcomes

      Outcomes of this Partnership may include:
       
      1. Reduction and/or elimination of injuries, illnesses and fatalities at the project;
      2. Development of a model safety and health program;
      3. Creation and dissemination of new safety materials to the subcontractors;
      4. Mentoring and training of subcontractors and their employees;
      5. Increased communication and respect between stakeholders;
      6. Development of a business/labor/government partnership approach to safety and health management; and
      7. OSHA resources directed toward the areas of the construction industry that require the assistance.
    2. GOALS

      Participants of this Partnership will strive to:
       
      1. Reduce and/or eliminate serious injuries and illnesses and provide a safe and healthful work environment for employees at the project;
      2. Increase the number of and use of safety and health programs and best practices among contractors; and
      3. Increase the number of employees and supervisors who have completed relevant safety training.
    3. STRATEGIES

      Strategies to achieve one or all of the above goals:
       
      1. Maintain a lost time injury and illness rate 25% below the industry average.
      2. Create, distribute, and enforce the use of a site-specific safety orientation program.
      3. Conduct initial monitoring for toxins, carcinogens, or hazardous substances which present an inhalation hazards, such as but not limited to: silica, lead, cadmium, hexavalent chromium, isocyanates and Portland cement.
      4. Strive for no injuries on the job and ensure that all serious hazards are addressed and controlled by safe processes and practices on a day-to-day basis.
      5. Ensure employees receive training as follows:
         
        1. 100% of on-site supervisory personnel will complete the 10-hour OSHA construction course.
        2. All employees will receive a site-specific safety orientation covering jobsite safety and health issues, procedures relative to the work being performed at the project, and the requirements of this Partnership agreement.
        3. Other hazard specific training will be conducted on an as-needed basis
      6. Require subcontractors who have written safety and health programs to submit them for review. Companies that do not have their own written safety and health programs have the option of adopting the site’s safety and health program.
      7. Ensure that all serious safety and health issues, near-misses and accidents/incidents that occur during the course of the project will be addressed at a monthly meeting.
      8. Ensure that all machines/equipment are adequately guarded.
      9. OSHA may provide benefits to participating companies that voluntarily improve their safety and health performance. (See Benefits section below).
    4. Measurement Systems
       
      1. The measurement system will use OSHA recordable injury and illness records to determine the total workday injury and illness rate for the project compared to the average for the construction industry.
      2. Activity measures shall include the applicable number of employers, supervisors, and employees trained. All contractors will be required to conduct weekly safety toolbox talks.
      3. Intermediate measures will include the number of safety and health programs instituted. The programs will be evaluated and will be maintained onsite.
      4. Outcome measures will be gathered on a monthly basis and will incorporate data to analyze the number of hours worked, number of injuries, illnesses and fatalities, and the number of serious violations found as a result of on-site audits, jobsite inspections, and OSHA inspection activity, and
      5. Measurement factors will be collected by Williams Brothers Construction, Inc.
         
  4. ANNUAL EVALUATION

    The program will be evaluated at the end of 12 months and at the end the project through the use of the Strategic Partnership Annual Evaluation Format measurement system as specified in Appendix C of CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health Directive.

    It will be the responsibility of Williams Brothers Construction, Inc. to gather required data to evaluate and track the overall results and successes of the Partnership program. This data will be shared with OSHA and the Illinois Onsite Safety & Health Consultation Program.

    It will be the responsibility of OSHA to conduct, write and submit the evaluation.

     
  5. BENEFITS

    Participant benefits from OSHA may include:
     
    1. Maximum penalty reductions allowed in the OSHA Field Inspection Reference Manual for good faith and history. When calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the 25% reduction provided in the FIRM where the employer, in implementing an OSP, has taken the specific significant steps beyond those provided in the FIRM to implement the Act and achieve a high level of employee protection (see FIRM, Chapter IV.C.2.1.5 [b]). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where a partner’s total penalty reduction is 100% or more, the minimum penalty provisions in the FIRM will apply (see FIRM, Chapter IV, and C.2.b).
    2. Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) will be provided by OSHA and the Illinois Onsite Safety & Health Consultation Program as resources allow.
       
  6. OSHA INSPECTIONS AND VERIFICATION

    OSHA will conduct at least one unannounced enforcement verification inspection during the one year project. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to complaints, local emphasis or referrals will qualify as the verification inspection if, in addition to addressing the complaint/referral item(s), the Compliance Officer completes the focused inspection protocol for the worksite.

    Williams Brothers Construction, Inc and the site subcontractors will remain subject to OSHA inspections and investigations in accordance with the Agency procedures. OSHA will continue to investigate fatalities and catastrophes that occur at member companies.

     
  7. EMPLOYEE/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 abrogates any responsibility to comply with rules and regulations adopted pursuant to the Act.

    All contractors who work at the project are considered participants by virtue of their contractual agreement with Williams Brothers Construction, Inc. All contractor companies through the contract will assume the safety and health requirements of this Partnership. The knowledge gained from this Partnership will be applied to reduce injuries and illness at future work sites.

     
  8. PARTNERSHIP MANAGEMENT AND OPERATION
     
    1. Williams Brothers Construction, Inc. (WBCI)
       
      1. WBCI will implement a site-specific safety and health program.
      2. WBCI will mentor subcontractors who have not yet developed their own safety and health program and, if necessary, refer them to the Illinois Onsite Safety & Health Consultation Program for assistance.
      3. WBCI will require the use of wet cutting techniques and/or dust collection systems in addition to the mandatory use of approved respirators where the potential for airborne silica exposure exists. Personal air monitoring will be conducted to assess employee exposures levels. Where the potential for other health issues arise, WBCI will coordinate with the Illinois Onsite Safety & Health Consultation Program or another service to conduct air monitoring to assess employee exposure levels. Results will be summarized and shared with OSHA at the end of the project.
      4. WBCI will have the authority to enforce safety rules and regulations. The authority will include provisions to hold contractors and employees accountable and, if necessary, remove contractor employees from the jobsite.
      5. The Safety Director for WBCI will be responsible for overseeing site-safety and will serve as the point of contact for questions concerning the achievement of the Partnership goals.
      6. The Safety Director for WBCI will conduct and document a weekly inspection of the jobsite. These inspection records will be kept for when the Partnership is evaluated at 12 months, and at the completion of the project.
      7. The Superintendent for WBCI will conduct a safety walk around of the jobsite on a daily basis. Serious hazards discovered will be documented and followed up by the Safety Director during his weekly inspection to ensure corrective action.
      8. WBCI will host monthly Partnership meetings with the subcontractors currently working at the project. Near-miss, accidents and hazards discovered during safety and health inspections will be discussed at the meeting. Meeting minutes will be kept for use when the Partnership is evaluated at the completion of the project.
      9. WBCI will allow OSHA access to the jobsite during inspection activities (monitoring and unprogrammed activities such as fatalities and employee complaints).
      10. WBCI will request that two inspections be performed by the Illinois Onsite Safety & Health Consultation Program.
    2. OSHA
       
      1. OSHA will participate, at least twice, in the monthly Partnership Committee meetings but will not participate in the walk around inspection.
      2. OSHA will designate an experienced safety and health specialist to serve as a resource and liaison for Partnership participants. The Compliance Assistance Specialist from the Peoria Area Office will review contractor safety and health programs, review other pertinent documentation and will assist with training as needed.
      3. OSHA will audit monthly inspection reports/documents and make recommendations for improvements in meeting Partnership goals.
      4. OSHA will conduct inspections in accordance with Section VI of this Partnership.
    3. Illinois Onsite Safety & Health Consultation Program
       
      1. Illinois Onsite Safety & Health Consultation Program, upon request, will work with subcontractors to establish effective safety and health programs.
      2. Illinois Onsite Safety & Health Consultation Program will participate, at least twice, in the monthly Partnership Committee meetings and walk around inspections.
      3. Illinois Onsite Safety & Health Consultation Program will conduct two comprehensive inspections of the jobsite.
      4. Illinois Onsite Safety & Health Consultation Program will assist with conducting air sampling as outlined in Section III. C.
      5. Illinois Onsite Safety & Health Consultation Program will audit the Partnership and make recommendations for improvement.
    4. Subcontractors
       
      1. Subcontractors will appoint a representative to attend the monthly Partnership meetings, resolve jobsite safety matters, and be a liaison to the jobsite Superintendent and Safety Director.
      2. Subcontractors will conduct and document weekly jobsite safety and health inspections for those employees under their control. This will be in addition to the general, non-documented inspections that are to occur daily. If non-compliant activity or hazards are discovered, immediate correction is required. Documentation of abatement verification must be submitted to the WBCI’s Safety Director.
      3. Jobsite inspections will be shared and made available to all workers in the project job trailer.
      4. Subcontractors may request services from the Illinois Onsite Safety & Health Consultation Program for assistance with their safety and health programs or specific projects.
         
  9. TERMINATION

    This agreement shall be in effect until completion of construction activities. Should any “signatory” stakeholder choose to withdraw prior to project completion, a written notice shall be given stating the reason(s) and must provide for 30 days notice to the other party(s).

    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.

    Changes to the Partnership Agreement may be implemented if all parties are in agreement that it is in the best interest of all the members involved.

     
  10. SIGNATURES

    The date of this Partnership Agreement is October 14, 2009
________________________________
Nick Walters, Area Director
Peoria Area OSHA Office 		______________________________
DCEO, Acting Director
Illinois Onsite Consultation Service
 
________________________________
Safety Director
 		 ________________________________
Chief Executive Officer