OSHA Strategic Partnership Program<< Back to Region V



  1. IDENTIFICATION OF PARTNERS

    The Little Company of Mary West Pavilion project (LCMWP) is a new, eight-story addition to the existing hospital in Evergreen Park. The new building is approximately 270,000 square feet, with a construction cost of $85 million. The project includes a new central plant and elevated pedestrian walkways connecting the new building to the adjacent hospital tower to the East, and the Mary Potter building to the south. Upon completion, the hospital will vacate the existing hospital tower built in 1929, and move into the new West Pavilion. Plans are in progress for the eventual tear down of the existing tower, and construction of a new East Pavilion.

    The level of activity needed to complete the project on schedule will necessitate a cooperative effort to assure that a safe and healthy work environment is maintained at all times. This Partnership will expand OSHA’s reach into this project, allowing OSHA to work with the companies involved to promote safety programs, management systems, and work methods utilizing the latest technologies and the safest available methods. This Partnership supports the Agency’s Strategic Plan by developing strategies to improve safety and health in the construction industry.

    The partners in this program include:

    Power Construction Company LLC (Power)

    Calumet City Area Office of the Occupational Safety and Health Administration (OSHA)

    Chicago Regional Council of Carpenters

    Contractors as listed on Appendix A

    (Note: Within this document, the term “Prime Contractor” or “Contractor” identifies any company at LCMWP under a contractual agreement with Power Construction Company LLC, and the term “Tier-Subcontractor” or “Subcontractor” identifies any company at LCMWP under a contractual agreement with a prime contractor or another subcontractor.)


  2. PURPOSE and SCOPE

    This Partnership represents a voluntary agreement, which affords Power and its contractors an alternative to traditional OSHA enforcement. The purpose of this Partnership is to promote the projects safety efforts and foster a relationship between OSHA, Power and its contractors, and subcontractors working on the LCMWP project.


  3. GOALS AND MEASUREMENT

    A. Injury and Illness rates:

    The 2009 Bureau of Labor Statistics (BLS) lists a total recordable case rate of 4.6, and a Days Away from Work, Job Transfer, or Restriction (DART) rate of 2.5 for construction specialty trade contractors with code 238000 under the North American Industrial Classification System (NAICS) code. It is the intent of this Partnership to eliminate construction fatalities and limit serious injuries by establishing a foundation of pro-active measures with a goal of obtaining a project-wide injury and illness rate 25% below the stated BLS averages for 2009. This can be achieved through a combination of concerned management, responsible and knowledgeable supervision, and conscientious well-trained work force acting in a proactive approach to manage safety.

    This will be accomplished by:
    1. Creating a working relationship between OSHA and the Partnership participants;
    2. Increasing everyone’s safety awareness and participation in the overall safety program;
    3. Promoting a cooperative relationship between labor and management to achieve a safe worksite;
    4. Contractors developing and providing training necessary to enhance safety awareness and proactively addressing job-related hazards;
    5. Eliminating repeat violations by workers and contractors;
    6. Developing, implementing and maintaining effective comprehensive safety and health programs in accordance with industry best practices, 29 CFR 1926, OSHA interpretations and guidelines, ANSI Standards and the OSHA multi-employer policy;
    7. Providing each contractor with guidelines for uniform implementation of a safety system that promotes strict compliance with Power requirements;
    8. Establishing lines of communication, responsibility and accountability for the safety system at each worksite;
    9. Developing safety policies for areas or activities not covered by federal, state, or local standards; and
    10. Requiring the planning of tasks to identify potential hazards and the methods that will be used to control identified hazards. Injury and illness rates will be monitored and measured through a project–wide log of work- related injury and illness, and comparing them to the total number of man-hours worked at the project. This data will be compiled through the Partnership Committee (the committee).
    B. Safety Programs:

    The requirement to develop and maintain a safety program (1926.20 and 1926.21) consistently ranks among the most frequently violated OSHA construction standards. The importance of safety programs in the development of a safety culture at a worksite is well established. This Partnership will require 100% of the contractors working on this project to have effective safety and health programs. This will be accomplished through Power developing a Site-Specific Safety Program (PSSSP) and requiring Contractors to:
    1. Develop and implement a comprehensive site-specific safety and health program that will comply with the criteria of the PSSSP and OSHA’s safety and health program guidelines;
    2. Require the Site Supervisor and Safety Representative (SR) (at a minimum) to attend a pre-construction meeting with Power project management at which planning for the safe execution of the project will be discussed;
    3. Assure a Contractor’s Safety Representative is present at all times the contactor has their workforce on site. This person must qualify as an OSHA Competent Person and have completed an OSHA 30 Hour course within three years unless otherwise noted in writing by Power;
    4. Assure the Contractor’s Corporate Safety Representative will conduct, at a minimum, a weekly safety review of the worksite;
    5. Submit documentation of all inspections, observations and reports to Power;
    6. Designate a representative to the Safety Committee (Safety Leadership Team)
    7. Assure all contractor employees attend a site-specific safety orientation given by Power;
    8. Develop and submit task specific JHA’s as required by Power;
    9. Conduct a daily employee “Huddle”/ “Tool Box” meeting;
    10. Include a Post-Incident and Reasonable Suspicion drug testing in their substance abuse policy;
    11. Develop a disciplinary and non-compliance policy;
    12. Report and provide written reports of all non-injury, injury and property damage incidents to Power; and
    13. Implement a six-foot fall protection policy
    Note: Although providing mandatory fall protection at the 6’ level is not required by the current OSHA Construction Standards in every instance, and is not mandated by OSHA as a requirement for participation in any OSHA partnership agreement, the contractors, subcontractors and sub-tier subcontractors on this partnership are committed to providing a greater level of protection to the employees working at this site, and will require protection at the 6’ level and above.
    Contractors must submit to Power written confirmation that each of their tier-subcontractor’s / sub-contractor’s site-specific safety programs has been reviewed and meets the requirements of PSSSP, or that the tier-subcontractor / sub-contractor has adopted the contractor’s program and received training on the same. This written confirmation must also include verification that the contractor’s Safety Representative (SR) will be responsible for safety issues involving their tier-subcontractors / sub-contractors, including weekly audits of their worksites and pre-task audits, or identify the tier-subcontractor’s Safety Representative, who will perform these duties. These confirmations will be tracked by Power to assure that all contractors have effective safety and health programs.

    Completion and review of contractor safety programs will be monitored through Power and their duties as chairperson of the “Committee”.

    C. Safety Audits

    This Partnership will implement a comprehensive audit program with a goal of ensuring that employees are not exposed to serious hazards. The identified hazards found during these audits will be corrected.

    The audit program will work to identify hazards, and focus on critical activities that generate hazards associated with falls, electric shock, being caught-in or struck-by equipment or materials. If serious hazards are identified, immediate correction will be required, or, at the discretion of the Audit Team, employees will be removed from the hazard until abatement is completed.

    The results of safety audits will be reviewed by the Committee, recorded in the minutes of the Committee meetings, and tracked until hazards identified are corrected.

    D. Training

    In addition to any training required by specific OSHA standards or regulations, and prior to working on the project, all employees will receive jobsite orientation and training on the Power LCMH Safety Program. Prime contractors and tier-subcontractors must also provide to their employees site-specific safety program training. The training will be documented and provided to Power.

    Completion of the jobsite orientation and the required prime contractor / tier-subcontractor employee training will be tracked by Power, with the goal that 100 % of the employees working at the project will receive this training.

    In addition, all employees will also attend employee “Huddle” / “Tool Box” talks conducted by their Safety Representative, or designee. As resources permit, and upon a formal request by Power, OSHA will conduct specific training for employees, safety managers, and/or contractor management personnel. Power will help facilitate and sponsor these training sessions, and will recommend additional training sessions as appropriate.

    The number of employees receiving the initial jobsite orientation and additional training through the Partnership will be measured by Power and OSHA representative on the Committee.


  4. PARTNERSHIP EVALUATION

    This Partnership will include an annual Partnership evaluation to determine whether modifications are needed, and to review the status. The evaluation will be completed by Power and OSHA. The evaluation will follow OSHA Directive CSP 03-02 002 (TED 8-0.2, OSHA Strategic Partnerships for Worker Safety and Health, Appendix C). All required data to monitor the success of the Partnership goals will be submitted at least quarterly to the committee. The evaluations will be completed annually on the anniversary date of the signing of the Partnership agreement.


  5. BENEFITS

    All stakeholders will benefit from this Partnership, and OSHA’s involvement. Contractors on the project will be eligible for incentives during the verification inspections, including penalty reductions for OSHA citations (25% good faith, 15% quick fix); focused inspections; and maximum resolution of complaints through investigation (phone/fax) in lieu of onsite inspections.


  6. VERIFICATION

    OSHA will conduct two unannounced verification inspections per year during the life of the Project. These inspections will follow the “Focused Inspection” protocol and be conducted consistent with the provisions of paragraph IX.H.3 of OSHA TED 8-0.2 by a compliance officer that is familiar with this Partnership. 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 will qualify as a verification inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the entire worksite. OSHA agrees that during their focused inspections, no citations will be issued for alleged violations of a non-serious nature if abated immediately. All employee rights under the OSH Act will be afforded.


  7. MANAGEMENT AND OPERATION

    The LCMWP Partnership Committee (the Committee) will consist of one representative from each of the partners listed above. The Committee will review contractor compliance and involvement in the Partnership, analyze jobsite audits, make Partnership improvements, evaluate Partnership modifications, achievements, and success, and will ensure that specific safety measurements comply with OSHA regulations. Specifically, the partners will do the following:

    Calumet City OSHA Area Office will:
    1. Provide a representative for the Committee.
    2. Monitor the audit process
    3. Advise and assist the Audit Team.
    4. Attend a minimum of one Committee meeting every three months.
    5. Assist with safety and health training, and provide additional technical assistance.
    6. Assist in data collection and data review.
    7. Conduct verification inspections.
    8. Provide benchmarking data to partners as available.
    Power will:
    1. Develop the site-specific safety program.
    2. Designate a Project Safety Manager (PSM) to oversee the project, and serve as chairperson of the Committee,
    3. Schedule and conduct monthly safety audits, and monthly Committee meetings.
    4. Collect and summarize data for the Committee, including a jobsite log of injuries and illness equivalent to the OSHA 300, a list of tasks requiring a “competent person” (CP), and identity of the competent persons designated by the prime or tier-subcontractors, weekly contractor and monthly site audits, and near-miss reports.
    Chicago Regional Council of Carpenters will:
    1. Appoint a representative to the Committee.
    2. Participate in the monthly safety audits.
    3. Attend monthly Committee meetings.
    4. Provide/assist with site training as resources permit
    Contractors [including Prime Contractors] (as listed or in an appendix A) will:
    1. Appoint a Safety Representative (SR) to the Committee.
    2. Participate in the monthly safety audits.
    3. Attend monthly Committee meetings.
    A. SAFETY AUDITS

    The Audit Team will:
    • Consist of the PSM and one representative from each partner identified in Section II.
    • Conduct an audit of the worksite monthly, with available members. Upon invitation by the PSM, additional Safety Representatives and/or union stewards from contractors will be encouraged to participate in the monthly audits.
    • Meet following the audit to discuss the results of the audit, safety issues and any near-miss reports. The audits and meetings will be scheduled by the PSM, and they will be completed in a reasonable time frame. The PSM may invite representatives of additional contractors to attend the post-audit meeting and discuss the audits and hazard abatement.
    • Ensure, through the Safety Representatives, that all employees will be informed of results of the audit, safety issues and any near-miss reports through weekly toolbox discussions.
    OSHA will not play an active role in the onsite audits. OSHA commits to participate in a minimum of one audit meeting every three months for the duration of the Partnership. The PSM will forward minutes from the monthly safety audits to OSHA for its review.

    B. SITE-SPECIFIC SAFETY PROGRAM (PSSSP)

    Effective workplace safety and health programs are self-sustaining systems that encompass at least four main criteria: A) management leadership and employee involvement; B) worksite analysis; C) hazard prevention and control; and D) safety and health training. This Partnership supports this ideal as identified in the goal statements. All contractors are required by Power develop and submit a comprehensive site-specific safety program.

    C. SAFETY MANAGEMENT

    The PSSSP shall require each prime contractor engaged in work activity to have a designated Safety Representative (SR) onsite. Additional qualifications and requirements for contractors to have full time SRs will be determined by the PSM and the PSSSP.

    Prime contractors have the responsibility for the safety of their tier-contractors. This provision does not alleviate tier-subcontractors from their responsibility for the safety of their employees.


  8. EMPLOYEE INVOLVEMENT AND EMPLOYEE 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 involved in the day-to-day implementation of worksite safety. Contractors will participate in safety audits and briefings, and will ensure that their employees are kept apprised of safety and health issues on the site. The PSSSP will include a system for employees to report hazards and near misses.


  9. TERMINATION

    This agreement shall be in effect until December 31, 2012. 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.

    Other signatories to this agreement may terminate their participation by providing written notice to all other partners. However, such terminations shall not dissolve the Partnership. Only OSHA and POWER may terminate the Partnership.


  10. SIGNATURES

    Signed this day, January 19, 2011

 



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Jeff Karp
President and CEO
Power Construction Company, LLC



________________________________________
Gary J. Anderson,
Area Director - OSHA
Calumet City Area Office



________________________________________
Thomas L. Kavicky
Safety Director / Assistant to the President
Chicago Regional Council of Carpenters






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