LAMBEAU FIELD STADIUM IMPROVEMENT PROJECT

PARTNERING AGREEMENT
BETWEEN

UNITED STATES DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
APPLETON AREA OFFICE



AND

MIRON CONSTRUCTION CO., INC.

AND

WISCONSIN ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM

Background

This project entails an expansion of 371,000 square foot on to the existing stadium located at 1265 Lombardi Avenue, Green Bay, WI 54303 with a total project budget of $143 million. The expansion areas generally consist of structural steel and metal deck systems, concrete floors, and exterior veneer of precast, metal panel, and glazing. The project is to include a new structure that extends on the south end of the existing structure, and is built on top of the existing steel structure currently serving as the upper concourse of the stadium. The new steel structure is to include a vertical transportation tower to accommodate escalators and elevators. The new structure also supports concrete seating areas and associated club suite space, toilets, food service, and other support facilities. A new Press Box tops the new spaces, with a structure to facilitate a new scoreboard above this location. The north expansion consists of an elevator tower added on the existing concourse and club suites areas, along with a roof top viewing platform and structure to support a new scoreboard. The expansion to be completed in June 2013 will provide an additional 6600 seats and improved access to allow a unique and memorable experience to continue to provide a distinct home field advantage for the Green Bay Packers.

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

A. IDENTIFICATION OF PARTNERS

The following groups will participate in the partnership:

• Miron Construction Co., Inc.
• Occupational Safety and Health Administration (OSHA), Appleton, Wisconsin Area Office
• The Green Bay Packers, Inc.
• State of Wisconsin Onsite Safety and Health Consultation Program
• Boilermakers Local #107
• Bricklayers and Allied Crafts District Council of Wisconsin
• International Brotherhood of Electrical Workers Local #158
• Elevator Construction Local #15
• Glaziers Local #1204
• Heat and Frost Insulators #127
• Ironworkers Local #8
• Laborers Local #330
• North Central States Regional Council of Carpenters
• Operating Engineers Local #139
• Operative Plasterers and Cement Masons Local #599
• International Union of Painters and Allied Trades, DC 7
• Plumbing and Steamfitters Local #400
• Roofers Local #96
• Sheet Metal Workers Local #18
• Sprinkler Fitters Local #669
• Teamsters Local #662
• All Contractors and/or Subcontractors working at this site agree to participate in the partnership agreement.

B. Purpose/Scope

The purpose of this partnership is to reduce injuries/illnesses and fatalities during the construction of the Lambeau Field Stadium Improvement Project. It is anticipated that at its peak the project will employ a total of 1200 tradespersons on site. Construction activities will be completed in 2013. Miron Construction has been hired as the Contractor for the project.

C. Goals/Strategies

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:

C1. Goals

Participants of this Partnership will strive to:

1. Reduce serious injuries and illnesses and provide a safe and healthful work environment for employees at the Lambeau Field Stadium Improvement Project.
2. Increase the number of safety and health programs and best practices implemented among subcontractors.
3. Increase the number of employees, employers and supervisors who have completed relevant safety training.

C2. Strategies

Strategies to achieve one or all of the above goals:

1. Maintain lost time injuries and illnesses at a rate 25% below the national industry average.
2. Implement a comprehensive job site inspection program.
1. Complete job hazard analysis prior to employee exposures, identifying potential hazards to employee safety and health.
2. Correct hazards found during the project on a day-to-day basis.
3. Strive for no injuries on the job and ensure all serious hazards are controlled through safe processes or procedures.
4. Ensure employees receive training as follows:
1. Contractors with more than five employees on site will have a Safety Designee assigned who possesses a valid OSHA 30 Hour training card. Contractors that have five or less employees on site will have a Safety Designee who possesses a valid OSHA 10 Hour Training card. Subcontractors can utilize any authorized construction trainer to complete the required training.
2. All employees will receive a site-specific construction safety orientation covering jobsite safety and health issues and procedures relative to the work being performed and the requirements outlined in this Partnership Agreement.
3. 100% of employees on site will participate in a weekly “safety stand down” Hazard awareness training.
4. 100% of employees on site will participate in a daily “stretch and flex program”.
5. Other hazard-specific training will be conducted on an as-needed basis.
5. Require Subcontractors who have written safety and health programs to submit them to Miron Construction. Companies that do not have their own written safety and health programs will be required to either develop a safety and health program on their own or by utilizing services provided by Wisconsin State Consultation or other Partnership members.
6. Ensure health-related issues arising during the course of the construction work are adequately addressed internally by Miron Construction and/or the Wisconsin Onsite Consultation Service. All health-related issues will be discussed monthly during the partnership meetings.
1. An effective hearing conservation program, including noise monitoring and the implementation of engineering controls where possible, will be implemented.
2. An effective environmental monitoring program will be implemented to control airborne hazards, such as silica and carbon monoxide, and will include personal monitoring, implementation of engineering controls where possible, and the use of respiratory protection. All cutting of individual bricks and concrete block and, where feasible, all other cutting of concrete will be done using “wet” methods.
7. Require all fall protection at the 6’ level and above.
   
   Although providing mandatory fall protection at the 6’ level is not required by the current OSHA construction standards and is not mandated by OSHA as a requirement for participation in any OSHA partnership agreement, the contractors 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.
8. Ensure compliance with NFPA 70E when working on live electrical equipment, including training and the availability and use of personal protective equipment. A permitting system will be implemented to oversee the implementation of appropriate protective measures prior to exposure.
9. Ensure all equipment capable of amputations is adequately guarded.

D. Performance Measures

1. Collect the following injury and illness data and compare the incidence rates to the nation average and Wisconsin average:
1. TCIR – Total Case Incidence Rate
2. DART – Days Away, Restricted and Transferred incidence rate
2. Number of contractors who:
1. Have their own safety and health program
2. Improve their safety and health program as a result of the partnership.
3. Number of employees trained:
1. 10- and 30- hour OSHA training
2. Hazard specific training
4. Number of hazards identified/abated through:
1. Daily audits
2. Monthly Committee audits

E. Annual Evaluation

The Annual Evaluation, as described in Appendix C of OSHA Directive CSP 03-02-002, will be completed by OSHA with input received from the partners.

It will be the responsibility of Miron Construction or its designated representative to gather required participant data to evaluate the overall success of the program. Miron Construction will collect and maintain the following data specified in the measurement factors:

• Injury and illness information,
• A record of training conducted relative to the measurement factors (including the number of employees trained).
• Copies of the subcontractors Safety and Health Program Plans.

The Consultation Program managers will report the number of Subcontractors that developed or improved their safety and health programs through consultation.

F. Benefits

Participant benefits from OSHA may include:

1. Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by Wisconsin On-Site Consultation and OSHA as resources allow.

G. OSHA Verification

Onsite Non-enforcement Verification:

Onsite non-enforcement verification reviews will be conducted as part of the monthly partnership meeting. At this time, the partners will be divided into groups and assigned a portion of the project to inspect. A union representative can choose to be part of the inspection group. A referral for an enforcement inspection will be made if management refuses to correct a serious hazard identified during the non-enforcement verification visit.

Onsite Enforcement Inspections:

One unannounced OSHA focused enforcement inspections will be conducted annually. These inspections include the potential for issuing citations and assessing penalties for violations. Enforcement inspections may be combined with other unprogrammed inspections, for example, a complaint inspection.

H. OSP Management and Operation

The Lambeau Field Stadium Improvement Project Partnership Committee (the Committee) will consist of representatives from each of the partners listed above. The Committee will review contractor compliance and involvement in the partnership, analyze job site audits, make partnership improvements and evaluate partnership modifications, achievements and success.

Miron Construction

• 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.
• Where the potential for airborne silica exposure exists, Miron Construction will require the use of wet cutting techniques and/or dust collection systems in addition to the mandatory use of approved respiratory protection. To the extent feasible, personal air monitoring will be conducted to assess employee exposures levels. Where the potential for other health issues such as carbon monoxide, lead, or large-scale use of chemicals in the building interior (such as floor finishing’s) exists, Miron Construction will coordinate air monitoring with the Wisconsin Onsite Consultation Service or other resources available to assess employee exposure levels. Sampling results will be shared at monthly meetings.
• The Site Safety Manager and/or Safety Coordinator will conduct daily safety audits. Since this is a multi-employer worksite and all workers are to work together on safety issues, a schedule of all daily site-safety audits will be developed by Miron Construction and the safety committee.

Trades Bargaining Units

• Appoint a member to the Committee,
• Participate in monthly safety audits, and
• Participate in monthly Partnership meetings.

Wisconsin On-site Consultation

• Participate in monthly inspections of the construction work site.
• Participate in monthly Partnership meetings.
• Review overall site safety and health program and provide recommendations, as appropriate, for improvement.
• Continuously monitor and evaluate the Partnership and make recommendations, as appropriate for improvement.
• Provide industrial hygiene services as requested to support the partnership. This could include atmospheric monitoring and noise measurement.

OSHA

• Prepare the annual Partnership evaluation. Review and compile data provided.
• Participate in monthly Partnership meetings and site non-enforcement walk around.
• Provide hazard identification and technical assistance as needed.
• Conduct one enforcement inspection annually.
• Conduct focused enforcement inspections when applicable.
• Optimal use of phone and fax process to handle complaints.
• Other-than-Serious violations will not be cited if corrected at the time of the inspection.

I. Employee and Employer Rights and Responsibilities

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

J. Term of OSP

This agreement will terminate on the date of scheduled substantial completion of the activities of Miron Construction’s or it's Subcontractors on or about June 15, 2013. If OSHA or Miron Construction chooses to withdraw their participation in the partnership, the entire agreement is terminated. Any signatory may also propose modification or amendment of the agreement. If any of the other signatories wishes to withdraw their participation prior to the established termination date, a written notice of the intent to withdraw must be provided to all the other signatories.

K. Signatures