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PARTNERSHIP AGREEMENT
BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
OKLAHOMA CITY AREA OFFICE
AND
OKLAHOMA DEPARTMENT OF LABOR / CONSULTATION
AND
KORTE CONSTRUCTION COMPANY

Purpose and Scope

The purpose of the partnership is to improve workplace safety and health and reduce work related injuries and illnesses, through the development and implementation of comprehensive safety and health management programs, that reflect the current program elements of OSHA’s Voluntary Safety and Health Program Management Guidelines. This will be accomplished through the establishment of partnership goals and measures; data collection; on site and off site guidance, resources and assistance; verification inspections and annual program evaluations.

The agreement will apply to the Armed Forces Reserve Center and Field Maintenance Shop in Norman, Oklahoma and West Oklahoma City (WOKC) Armed Forces Reserve Center in Mustang, Oklahoma.

Identification of Partners

Partners to this Agreement include the Occupational Safety and Health Administration, Oklahoma City Area Office, the Oklahoma Department of Labor / Consultation and Korte Construction Company of St. Louis, Missouri. The company was selected by the Oklahoma Army National Guard to Design-Build two new Armed Forces Reserve Centers. Each project consists of a new 2-story training facility and a new flammable material facility, with related parking and infrastructure. The projects are expected to begin the months of October 2008 for the Norman ARFC and November 2008 for WOKC AFRC. Construction is expected to take approximately 15 months with Norman consisting of approximately 220,000 SF and WOKC consisting of approximately 180,000 SF. There will be approximately 22 subcontracts on each project.

Goals / Strategies

The goals of this agreement include:
  1. Reduce the number of serious injuries and illness. Strategy:
    - Development and implementation of effective safety and health management programs.
    - Analysis of project site injury data and work site self- inspection data to identify trends and implementation of appropriate intervention strategies (hazard elimination or control measures, training and education, and /or use of personal protective equipment).

    - Hazard prevention, identification and control through OSHA Consultation worksite assessments.
     
  2. Increase the number of subcontractors with effective safety and health management systems. Strategy:
    - Partners providing training and technical assistance.
     
  3. Increase the number of workers, supervisors and foremen who have received the OSHA 10-hour Construction Course or equivalent training.
    Strategy:
    - Korte Construction Company providing the OSHA 10-hour Construction Course at scheduled times during the course of the construction project.
Verification that partnership requirements are being met and partnership goals are being attained, will be achieved through the performance of OSHA on site and off site verification activity.

Performance Measures

Performance measurements include:
  1. Training delivered: Programmed training and unprogrammed such as, training provided in response to changes in work site conditions, operations, accident / near miss incidents and trending data.
  2. Number of self-inspections performed: Conducted at least monthly and with coverage of the entire worksite quarterly.
  3. Number of hazards identified and corrected immediately (that day) by hazards elimination, hazard control or interim protective measures.
  4. Number of management. systems developed, implemented and/or improved.
  5. Reduction in identified baseline injury / illness trends. DART and TCIR rates for the project site below the industry average.
  6. Number of contractors, workers, supervisors and foremen provided the 10-hour OSHA Construction Course or equivalent training, at completion of the project, compared to the number with such training at initiation of the project.
Partnership Evaluation

An annual evaluation will be written and submitted by the Oklahoma City Area Office CAS using the guidelines provided in the OSHA Strategic Partnership Program for Worker Safety and Health Directive, CSP 03-02-002, Appendix C. The data will be collected by the Oklahoma City Area Office CAS.

Benefits
  1. On site enforcement inspections in lieu of programmed inspections.
  2. On site non enforcement verifications.
  3. Assistance from the Oklahoma Department of Labor, OSHA Consultation in providing voluntary worksite assessments and technical, compliance and training assistance.
  4. The scope of accident and complaint investigations will be limited to information relevant to the accident or complaint and will not expanded to other areas unless serious hazards are observed.
Verification Procedures

The progress of the partnership in meeting program goals will be verified through off site and on site OSHA verification activity.

On Site Verification Activity:
Enforcement Inspections

OSHA will perform a minimum of 1 on site enforcement inspection each year, which may result in the issuance of citations and penalties, in lieu of programmed inspections at all partner worksites covered by this agreement.

The Area Office will have the discretion to determine the number and scope of enforcement inspections to be performed in any year based on: company history, types of work being performed, phases of construction and the nature of hazards associated with such work, and quality of the site safety and health management system.

Non Enforcement Verifications

OSHA will conduct a minimum of 1 on site non enforcement verification each year.
Off site verification:
OSHA will perform a least two 2 off site verifications annually. At a minimum the verification will include a review of:
  1. 300 injury and illness data / accident / near miss data
  2. Self-inspections performed
  3. Hazards identified and corrected
  4. Training.
  5. Management systems implemented / improved
OSHA Consultation Worksite Assessments

A minimum 2 worksite assessments will be performed each year by the Oklahoma Department of Labor. Voluntary OSHA Consultation worksite assessments will be tailored to meet the needs of the individual partner’s site.

OSP Management and Operation
  1. Korte Construction Company will allow OSHA enforcement inspections in accordance with the agreement. These inspections may result in citations and penalties.
  2. Korte Construction Company will allow OSHA on site verifications, voluntary OSHA Consultation worksite assessments, and will share information on it’s safety and health program, program analyses, recordkeeping data, internal inspection / audit results and other information requested relevant to the partnership.
  3. Korte Construction Company will require all subcontractors to meet the requirements of this partnership.
  4. Each sub contractor will have a designated person responsible for site safety with the authority, responsibility and training to correct safety hazards.
  5. The OSHA 10-hour Construction Course or equivalent training will be provided contractor and sub contractor employees working on the AFR Center project sites.
  6. Korte Construction Company will have a designated person, at each AFR Center project site, responsible for site safety with the authority, responsibility and training to correct safety hazards.
  7. Korte Construction Company will have a written comprehensive safety and health management programs implemented, at each AFR Center project site, that reflects the elements of OSHA’s Safety and Health Management Systems guidelines.
  8. All sub contractors working on the AFR Center project sites, will be required to develop and implement a written safety and health management program that provides:
    1. Management Commitment
      1. Designated person responsible for site safety with authority, responsibility and training to correct safety hazards.
      2. Defined roles and responsibilities for safety and health..
    2. Employee Involvement
      1. How employee are involved in the site safety and health program.
    3. Worksite Analysis
      1. Pre-job / task hazard identification
      2. Routine self-inspections
      3. Tracking and correction of hazards
      4. Health inspections (exposure assessment strategy, sampling / testing and analysis procedures )
      5. Reporting of unsafe conditions
      6. Accident and incident investigations
    4. Hazard Prevention and Control
      1. Safety and health rules
      2. Compliance programs
      3. PPE
      4. Institution of engineering and/or work practice controls to eliminate or control hazards.
    5. Training
  9. Sub contractor employees will participate in 3 meaningful ways (ie. routine inspections, safety meetings/training, accident investigations, JSAs, etc.) in the sites’ safety and health program.
  10. Korte Construction Company will obtain and provide the Area Office upon request, or at least quarterly, the following information:
    1. 300 injury and illness data / accident / near miss data
    2. Self-inspection performed
    3. Number of hazards identified and corrected
    4. Training provided
    5. Status of the development /implementation of management systems.
  11. The Area Office CAS will be the primary OSHA contact responsible for:
    1. Coordination of the partnership
    2. Completion and submission of the Annual Partnership Evaluation Report in accordance with the evaluation criteria set forth in CSP 03-02-002 OSP Directive, in a timely manner to DCSP.
  12. Korte Construction Company and OSHA Consultation will work together in arranging for on site worksite assessments, training and compliance assistance.
Employee and Employer Rights and Responsibilities

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, including but not limited to, the right to file a safety and health complaint without fear of reprisal and the right to request information collected pursuant to OSHA requirements, nor does it abrogate any responsibility to comply with the Act.

Term of OSP

This partnership will expire 15 months from the date of signing or earlier with the completion of partnership goals.
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 signatory may also propose modification or amendment of the agreement.

OSHA will terminate the agreement, if it is determined, with input from all parties to the agreement, that the partnership goals and/or requirements are not being met or that reasonable progress is not evidenced.

Signatures

 



 
Todd Korte, CEO
Korte Construction Company



 
Date
 



 
Lloyd L. Fields, Commissioner
Oklahoma Department of Labor



 
Date



 
David Bates, Area Director
Occupational Safety and Health Administration
Oklahoma City Area Office



 
Date
 
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Page last updated: 01/17/2009