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PARTNERSHIP AGREEMENT

BETWEEN

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

AUSTIN AREA OFFICE

AND PARTICIPATING CONTRACTORS AT THE

San Antonio Military Medical Project

  1. IDENTIFICATION OF PARTNERS

    The San Antonio Military Medical Project (SAMMC Project) is an expansion and extension of Brook Army Medical Center and Fort Sam Houston to create a medical complex encompassing both Army installations in San Antonio. This project includes nearly 700,000 square feet of new hospital space, renovation of existing medical space in excess of 280,000 square feet, a new Central Energy Plant, and a new parking structure with a total of nearly 5,000 new parking spots. Total project costs are estimated at nearly $557 million.

    Total employees at peak expected to be around 1,200

    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:
    • Clark/Byrne Construction - General Contractor (G.C.),
    • Occupational Safety and Health Administration (OSHA),
    • Sub-Contractors working on the SAMMC project. Sub-contractors may join the partnership by submitting a letter of commitment to the Austin OSHA office.
       
  2. PURPOSE and SCOPE

    This partnership represents a voluntary agreement which affords Clark Construction an alternative to traditional OSHA enforcement. The purpose of this partnership is to foster open communication between OSHA, Clark Construction and the Sub-Contractors working on the project.

     
  3. GOALS AND MEASUREMENT
     
    1. Injury and Illness rates:

      The 2007 Bureau of Labor Statistics (BLS) for Construction (Specialty Trade Contractors) under the North American Industrial Classification System (NAICS) code 238000 lists a total recordable case rate of 5.7, and a Days Away from Work, Job Transfer, or Restriction (DART) rate of 3.0. This partnership will attempt to prevent construction fatalities and serious injuries by establishing a foundation of pro-active measures with a goal of reducing injuries and illnesses by 10% below these 2006 BLS rates. This will be accomplished by:
      1. Creating a working relationship between OSHA and the partnership participants,
      2. Increasing all employees’ safety awareness,
      3. Promoting a cooperative relationship between labor and management to achieve a safe worksite,
      4. Developing and providing training necessary to enhance safety awareness and proactively addressing job-related hazards, and
      5. Developing, implementing and maintaining effective comprehensive safety and health programs in accordance with 29 CFR 1926, OSHA interpretations and guidelines, ANSI Standards and the OSHA multi-employer policy.
      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 complied through the Partnership Committee (the Committee).
       
    2. 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:
      1. The development of a site-specific safety program (SSSP) by the G.C.
      2. Requiring all prime contractors to develop and implement a comprehensive site-specific safety and health program that will comply with the criteria of the SSSP and OSHA’s safety and health program guidelines; and
      3. A review of "Prime Contractors’" site-specific safety programs by the G.C. as a part of the bid-acceptance procedure.
      (Note: Within this document, the term "Prime Contractor" identifies any company at The Project under a contractual agreement with the G.C., and the term "Tier - Subcontractor" identifies any company at The Project under a contractual agreement with a prime contractor or another subcontractor.)

      Prime Contractors must submit to the Project Safety Manager (PSM) written confirmation that each of their tier-subcontractor’s site-specific safety programs has been reviewed and meets the requirements of the SSSP, or that the tier-subcontractor has adopted the prime contractor’s program and received training on the same. This written confirmation must also include verification that the prime contractor’s Safety Representative (SR) will be responsible for safety issues involving their tier-subcontractors, including weekly audits of tier-subcontractor worksites and pre-task audits. The prime contractor must identify the tier-subcontractor’s SR, who will perform these duties. These confirmations will be tracked by the Committee to assure that all contractors have effective safety and health programs.

      Completion and review of contractor safety programs will be monitored through the Project Safety Manager and their duties as chairperson of the "Committee".
       
    3. Safety Audits

      This partnership will implement a comprehensive audit program to ensure that employees are not exposed to serious hazards. All of the hazardous conditions found during these audits will be corrected. The audit program will 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 and recorded in the minutes of the Committee meetings, and tracked until hazards identified are corrected. Participating contractors will submit data monthly to OSHA.
       
    4. Training

      In addition to any training required by specific OSHA standards or regulations, and prior to working on the project, all employees will receive job-site orientation and training on the SSSP. Prime contractors and tier-subcontractors must also provide to their employees site-specific safety program training. The training will be documented on the "Employee Information and Training Checklist" as provided for by the G.C.

      Completion of the job-site orientation and the required prime contractor / tier-subcontractor employee training will be tracked by the G.C., with the goal that 100 % of employees working on the project will receive this training.

      In addition, all employees will also attend weekly "tool box" talks conducted by their SR, or
      designee. As resources permit, and upon a formal request by the PSM, OSHA will conduct
      specific training for employees, safety managers, and/or contractor management personnel.
      The G.C. 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 addition training through the partnership will be measured by the PSM 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 the PC. 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 monthly to the PC. 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 on-site inspections.

     
  6. VERIFICATION

    OSHA will conduct two verification inspections 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. All employee rights under the OSH Act will be afforded.

     
  7. Management and Operation

    The SAMMC 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 job-site audits, make partnership improvements, evaluate partnership modifications, achievements, and success, and will ensure that specific safety measurements comply with OSHA regulations which control. Specifically, the partners will do the following:
     
    • OSHA, Austin/San Antonio Offices:
      1. Provide a representative for the Committee.
      2. Monitor the audit process, advise and assist the audit team.
      3. Attend a minimum of one Committee meeting every three months.
      4. Assist with safety and health training, and provide additional technical
        assistance.
      5. Assist in data collection and data review.
      6. Conduct verification inspections.
    • Clark Construction – General Contractor:
      1. Develop the site-specific safety manual.
      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 job-site 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.
    • Participating Sub-Contractors
      1. Appoint a member to the Committee.
      2. Participate in the monthly safety audits.
      3. Attend monthly Committee meetings.
         
    1. SAFETY AUDITS

      Audit Team
      • The Audit Team will consist of the PSM and one representatives 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 PSM; additional SRs and/or union stewards from contractors at the site may participate in the monthly audit.
      • Following the audit, the Team will meet to discuss the results of the audit, safety issues, and near miss reports.
      • The audits and meetings will be scheduled by the PSM, and 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.
      • SRs will ensure that their employees are informed of this information through weekly toolbox discussions.
      OSHA will not play an active role in the on-site audits, but 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.

      Prior to the monthly site audits, the pre-task audits for that day will be reviewed. Pre-task audits and near miss reports will be used to target specific areas during monthly audits.
       
    2. SAFETY MANAGEMENT

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

      Prime contractors have responsibility for the safety of their tier-contractors. This provision does not alleviate tier-subcontractors from their responsibility for the safety of their employees.
       
    3. SITE-SPECIFIC SAFETY PROGRAM (SSSP)

      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. The written SSSP shall include the following site requirements:
      • Daily safety inspection will be performed by the contractors Safety Representatives (SR).
      • Completion of a Pre-Phase Safety Plan and Job Hazard Analysis for each phase of work, and submitting these documents to the PSM.
      • Contractors will ensure that employees are protected by the use of Ground Fault Circuit Interrupters (GFCI) at all times.
      • Appropriate protection shall be provided for all trench and excavation work.
      • Scaffolding over ten feet in height will have guardrails. Prior to use, all scaffolding will be checked daily by the contractor’s competent person (CP).
      • All machines shall be properly guarded against caught in/between hazards.
      • When on site, all employees will be required to wear appropriate personal protective equipment (PPE), such as hardhats and eye protection (with side shields) meeting ANSI standards.
      • All cutting of individual bricks and concrete blocks, and, where feasible, all other cutting of concrete will be done using "wet" methods to prevent silica exposure.
      • All cranes on site will be identified as contractor-owned and operated, or leased through a rental agreement that includes the operator or bare rental (does not include the operator).
      • All cranes on site will have a current inspection certification.
      • Whenever a crane is used at the site, a CP will be identified, and the PSM will confirm that this person understands and accepts the duties of the CP. Formal channels of communication must be established between the operator and CP. Clark Construction’s Safety Program will address the crane and operator requirements.
         
  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 abrogates any responsibility to comply with rules and regulations adopted pursuant to the Act.

    Employees will be involved in the day-to-day implementation of work-site 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 SSSP will include a system for employees to report hazards and near-misses.

     
  9. TERMINATION

    This agreement shall be in effect until December 31, 2011, 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.
    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 the GC may terminate the Partnership.

    For non-signatory participants of the strategic partnership, OSHA may terminate the participant's involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with written notice of the intent to withdraw to OSHA.

     
  10. Signatures

    Signed this day, October 21, 2009
     


     
    Eric Harbin
    Area Director
    U.S. Department of Labor – OSHA

     
    Thomas White
    Senior Safety Manager
    Clark Construction


Sample Letter of Commitment


Mr. Eric S. Harbin
U.S. Department of Labor – OSHA
1033 La Posada Drive, Suite 375
Austin, TX 78752

Dear Mr. Harbin,

__(Employer Name)___ is a Subcontractor on the SAMMC Project. We are committed to developing a comprehensive safety and health program that will involve employees at all levels. It is our goal to include the employee in safety and health inspections, and safety and health program analysis.

__(Employer Name)___ will focus our efforts on providing safety and health training to our employees in the four areas where most accidents occur in the construction industry: falls, struck by, caught in between and electrocutions hazards. To accomplish this goal, we will utilize the safety professionals to assure that we will keep records of all injuries occurring in the work place, conduct inspections of the work place and provide training to all employees. It is our intent to join the SAMMC Project partnership.




Signature
Title
Company Name
Date



SELF INSPECTION


Name of Project SAMMC

Inspection Date(s): ____________________________

Total number of employee’s on-site _______________

Accident Information:

Number of lost time cases __________

Number of restricted cases __________

Hazards identified and corrected:

Falls _____________
(floors, platforms, roofs)

Electrical _____________
(overhead power lines, power tools and cords, outlets, temporary wiring)

Struck By _____________
(falling objects and vehicles)

Caught-in/Between _____________
(cave-ins, unguarded machinery, equipment)

Other hazards _____________


Inspection Conducted by: ________________________________