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STRATEGIC PARTNERSHIP
between
Power Construction Company, LLC
and
The Chicago North Area Office of the Occupational Safety and Health Administration
for the
St. Alexius Medical Center East Pavilion Project in Hoffman Estates, Illinois
- Background and Identification of Partners
- Background
Power 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 partnership is designed to promote and recognize jobsites that have developed effective safety and health programs. The agreement allows OSHA, employers and employee representatives to work cooperatively to eliminate serious workplace hazards through increased training, implementation of best work practices and enhanced safety and health programs.
Power Construction Company, located in Schaumburg, Illinois, employs more than 450 workers. This $55 million project is a 210,000 square feet, seven story addition, to an existing hospital located at 1555 Barrington Rd. in Hoffman Estates Illinois. There will be about 12 subcontractors with approximately 150-200 employees working at the site throughout the duration of the project. As a part of the initial phase, the lower level, the ground floor and the second floor will be completely built out and finished. In, addition mechanical equipment will be installed on the third floor to serve lower level through the second floor. The fourth, fifth and sixth levels will be built as a core and shell space to be built out and completed in a later phase in 2015-2016.
- Partners
- Chicago North OSHA Area Office
- Power Construction Company
- Chicago Regional Council of Carpenters
- International Brotherhood of Electrical Workers
- Chicago pipefitters Union
- Illinois On-site consultation Program
- Other Participants
Other participants include contractors as listed in the attached appendix.
- Purpose and Scope
This partnership represents a voluntary agreement which affords Power Construction Company an alternative to traditional OSHA enforcement. The purpose of this partnership is to promote the project’s safety efforts and to foster open communication among OSHA, Power Construction Company, partners and other participants.
By increasing communication, focusing efforts, knowledge and resources this partnership expects to reduce exposure to hazards and the incidence of serious injuries and fatalities at the St. Alexius Medical Center East Pavilion Project.
- Goals, Strategies and Performance Measures
- Outcomes
Outcomes of the partnership will include:
- Reduction in partnered employers injuries, illnesses and fatalities;
- Development of a model safety and health program, best practices and job safety analyses;
- Creation and dissemination of new safety and health materials to sub-contractors;
- Mentoring and training of subcontractors and their employees;
- Development of a business/labor/government partnership approach to safety management;
- Increased communication and respect between stakeholders; and
- OSHA resources directed towards the construction industry whose safety and health efforts require the most assistance.
- Goals
Specific goals participants of this partnership will strive to achieve:
- Eliminate fatalities and limit serious injuries with a goal of maintaining project-wide injury and illness 25% below the 2009 BLS Total Recordable Case (TRC) rate and Days Away from Work, Job Transfer or Restriction (DART) rate for the industry;
- One hundred percent (100%) of contractors and subcontractors to have site-specific comprehensive written safety and health programs;
- 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; and
- In addition to training required by specific OSHA standards, all employees at the job site will receive jobsite orientation training and site specific program training.
- Strategies
Strategies to achieve the above listed goals:
- Track the number of work-related injuries and illnesses at the project.
- Provide each contractor with guidelines for uniform implementation of a safety system that promotes strict compliance with Power requirements; and
- Establish lines of communication, responsibility and accountability for the safety system at the worksite.
- Develop and implement a comprehensive site-specific safety and health program that will comply with the criteria of Power’s site-specific safety programs and OSHA’s safety and health program guidelines.
- Require the Site Supervisor and Safety Representative to attend a pre-construction meeting with Power project management at which planning for the safe execution of the project will be discussed; and
- 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.
- Establish proactive measures for the common hazards found at construction sites.
- Promote cooperative relationship between labor and management and encourage employee participation;
- Require the planning of tasks to identify potential hazards and the methods that will be used to control identified hazards;
- Develop safety policies for areas or activities not covered by federal, state, or local standards;
- Assure the Contractor’s Corporate Safety Representative will conduct, at a minimum, a monthly safety review of the worksite;
- Site safety personnel and employee representatives will conduct audits and correct any identified hazards;
- Submit documentation of all inspections, observations and reports to Power;
- Designate a representative to the Safety Committee;
- Develop and submit task specific job hazard analysis (JHA) as required by Power;
- Conduct a daily employee “Huddle”/ “Tool Box” meeting;
- Include a Post-Incident and Reasonable Suspicion drug testing in their substance abuse policy;
- Develop a disciplinary and non-compliance policy;
- Report and provide written reports of all non-injury, injury and property damage incidents to Power; and
- 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 develop and provide training necessary to enhance safety awareness and proactively addressing job-related hazards.
- As resources permit, and upon a formal request by Power, OSHA may 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.
- Performance Measures
- Compare the site injury and illness rate to the listed 2009 BLS TRC rate of 4.6 and DART rate of 2.5 for Specialty Trade Contractors NACIS code 238000. Injury and illness rates will be monitored and measured through a project–wide log;
- Contractors must submit to Power written confirmation that each of their tier-subcontractor’s / sub-contractor’s site-specific safety programs has been reviewed. Completion and review of contractor safety programs will be monitored through Power;
- The results of safety audits will be reviewed and tracked until hazards identified are corrected; and
- Completion of training will be documented and tracked by Power. The number of employees receiving the initial jobsite orientation and additional training through the Partnership will be measured.
- Evaluation
An evaluation of the partnership will be prepared annually to review the status and determine if any modifications are needed. The annual evaluation will be in writing and in accordance with the Appendix C of 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 first annual evaluation will be due 12 months after the date of signing of the partnership agreement.
It will be the responsibility of OSHA to conduct write and submit the annual evaluation.
- Benefits
Participants’ benefits from OSHA may include:
- Maximum penalty reduction allowed in the OSHA Field Inspection Reference Manual for good faith and history; and
- Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by Illinois On-site Consultation and OSHA as resources allow.
- OSHA Inspection and Verification
- OSHA Inspection Verification
As a part of this partnership, OSHA will conduct two unannounced enforcement verification inspections during the duration of the project. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to complaints, Local Emphasis Programs, or referrals will qualify as the monitoring inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite.
Power Construction Company, LLC 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.
- Audit/Self Inspection
- The Audit Team will consist of the Project Safety Manager and one representative from each partner identified in Section II;
- Each month, available members of the Audit Team will conduct an audit of the worksite. Upon invitation by the Project Safety Manager, additional Safety Representatives and/or union stewards from contractors will be encouraged to participate in the monthly audits;
- Following the audit, the Team will meet to discuss the results of the audit, safety issues, and any near-miss reports;
- The audits and meetings will be scheduled by the Project Safety Manager, and will be completed in a reasonable time frame. Representatives of additional contractors will be invited to attend the post-audit meeting and discuss the audits and hazard abatement;
- OSHA will not play an active role in the onsite audits, but will participate in one audit meeting every three months for the duration of the Partnership. The Project Safety Manager will forward minutes from the monthly safety audits to OSHA for its review.
- Management and Operation
The Partnership Committee will consist of one representative from each of the partners listed above. Specifically, the partners will do the following:
- Power Construction Company, LLC will:
- Implement site-specific safety and health programs;
- 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;
- Designate a Project Safety Manager to oversee the project, and serve as chairperson of the Committee;
- Schedule and conduct monthly safety audits, and monthly Committee meetings;
- 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”, and identity of the competent persons designated by the prime or tier-subcontractors, weekly contractor and monthly site audits, and near-miss reports; and
- Allow OSHA access to the jobsite during inspection activities.
- OSHA will:
- Designate a representative for the Committee.
- Attend a monthly Partnership Committee meeting every three months.
- Review audit reports/documents, and make recommendations for improvements in meeting partnership goals.
- Conduct verification inspections in accordance with Section VI of this partnership.
- Assist with safety and health training and provide additional technical assistance as needed.
- Union Liaison will:
- Appoint a representative to the Committee
- As a union representative, be encouraged to participate in the monthly safety audits and monthly Committee meetings
- Provide and assist in training needs as resources permit.
- Subcontractors will:
- Appoint a representative to attend the monthly partnership meetings, resolve jobsite safety matters; and
- Participate in monthly worksite audits. If non-compliant activity or hazards are discovered, immediate correction will be required.
- Illinois Onsite Consultation Program will:
- Appoint a representative to attend monthly partnership meetings; and
- Participate in monthly worksite audits and provide additional technical assistance as needed.
- 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 abrogate 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.
- Termination
This agreement will terminate on or about November 1, 2012 or 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.
- SIGNATURES
Signed this day, May 19, 2011
Diane Turek
Area Director
Occupational Safety and Health Administration (OSHA) |
Thomas W. Nordeen
Vice President of Field Operations
Power Construction Company, LLC
|
Thomas L. Kavicky
Safety Director / Assistant to the President
Chicago Regional Council of Carpenters
|
Daniel Kenevan
Business Representative
International Brotherhood of Electrical Workers,
Local 134 |
William Bean
Business Representative
Chicago Pipefitters Union
Local 597 |
|
Gerald Cunningham
Safety Supervisor
Illinois On-site Consultation Program
Department of Commerce and Economic Opportunity |
|
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