San Antonio Public Safety Headquarters Project: #786 Partnership Agreement

Table of Contents

I. IDENTIFICATION OF PARTNERS
II. PURPOSE / SCOPE
III. GOALS AND STRATEGIES
IV. MEASUREMENTS
V. ANNUAL EVALUATIONS
VI. BENEFITS
VII. OSHA INSPECTIONS & VERIFICATIONS
VIII. PARTNERSHIP MANAGEMENT & OPERATION
IX. EMPLOYEE AND EMPLOYER RIGHTS
X. TERMINATION
XI. TERM & LOCATION OF PARTNERSHIP AGREEMENT
XII SIGNATURES

I. IDENTIFICATION OF PARTNERS

Background

To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries within the construction industry, OSHA and Hensel Phelps Construction Company have agreed to enter into a cooperative partnership agreement with respect to the San Antonio Public Safety Headquarters Project which will effectively implement all facets of jobsite safety and achieve self-compliance through cooperative efforts from labor, management, and OSHA.

This partnership is designed to address the hazards within the construction industry, and to promote and recognize a jobsite controlled by a contractor that has demonstrated an effective safety and health program. The Partnership agreement is an effective tool for ensuring safety at the Project. It will serve to establish a cooperative effort in ensuring safety and maintaining an open line of communication between OSHA and contractors on the worksite. The partnership is consistent with OSHA’s long-range efforts to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and innovation in safety management, and encourages increased participation in the safety process from the construction community.

Partners

The Occupational Safety and Health Administration (OSHA), San Antonio Area Office and Hensel Phelps Construction Company.

II. PURPOSE / SCOPE

This partnering agreement was developed jointly by OSHA and Hensel Phelps. The common objective and goal of the agreement is to provide a safe and healthful work environment for employees involved in the construction industry and to help prevent serious accidents and fatalities within the industry through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.

III. GOALS AND STRATEGIES

Outcomes

Employers who are willing to accept this program will receive OSHA assistance and an annual on-site enforcement inspection (in accordance with approved protocols) in lieu of programmed inspections.

Goals

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:
1. Achieving a “Zero Lost Time Accident” job site at the Project;
2. Developing a model safety and health program;
3. Creating and disseminating new safety and health materials to all subcontractors;
4. Mentoring and training subcontractors and their employees;
5. Increasing communication and mutual respect between stakeholders;
6. Developing a business/labor/government partnership approach to safety management;
7. More efficiently directing OSHA resources towards the construction industry whose safety and health efforts require the most assistance.
Strategies

These goals shall be achieved through vigorous self-inspection and implementation and verification of written comprehensive safety and health programs. While this partnership focuses on specific safety and health elements, partners are encouraged to implement a comprehensive SHMS based on the following guidelines:

Implement a comprehensive job site inspection program by:
1. Completing Job Hazard Analyses prior to employee exposures, and identifying potential hazards to employee safety and health.
2. Effectively correcting hazards found during the project on a day-to-day basis.
3. Ensure all serious hazards are controlled through safe processes or procedures.
4. Implement an aggressive Fall Protection Plan to include fall protection in all cases where work is being performed six feet or more above lower surfaces.
Ensure employees receive training as follows:
1. 100% of on-site supervisory personnel (e.g.; safety superintendents, assistant superintendents, and field engineers) and 50% of the major subcontractor competent person designees will complete the 30-hour OSHA construction course (or its equivalent). Subcontractors can utilize other instructors as long as they can show a valid certification card showing completion of the course.
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. Safety and health training to non-English speaking subcontractors with non-English speaking employees will be conducted in Spanish should the need arise.
4. Other hazard-specific training will be conducted on an as-needed basis.
5. Train employees in the OSHA 10-hour construction course (or its equivalent) to the extent possible, with a goal of working towards a 50% of the expected average employees being trained. Subcontractors can utilize other instructors as long as they can show a valid certification card showing completion of the course. Subcontractors have primary responsibility for providing this training. OSHA will provide assistance as needed.
Require subcontractors who have written safety and health programs to submit them to Hensel Phelps Construction Company. Companies that do not have their own written safety and health programs will adopt the safety and health program of Hensel Phelps Construction Company.

Ensure health-related issues arising during the course of the construction work are adequately addressed internally by Hensel Phelps Construction Company. All health-related issues will be discussed monthly during the partnership safety meetings.

An effective hearing conservation program, including area noise monitoring and the implementation of engineering controls where possible, will be implemented.

An effective environmental monitoring program will be implemented to control airborne hazards, such as silica, and will include personal monitoring, implementation of engineering controls where possible, and the use of respiratory protection.

Ensure compliance with NFPA 70E when working on live electrical equipment, including training and the availability and use of personal protective equipment. A system of control procedures will be implemented to oversee the implementation of appropriate protective measures prior to exposure.

Ensure all equipment capable of amputations is adequately guarded.

Utilize a third-party, independent, qualified/certified crane inspector to inspect all long-term cranes after they have been erected and certify them for safe operation. A recent inspection (less than one year) by a certified crane inspector will be required for all cranes.

Establish and utilize a program to insure that all crane operators are competent and certified to operate the specific crane in use.

Establish the criteria to identify and plan all critical lifts to be performed during the construction of the Project.

IV. MEASUREMENTS

The measurement system will use the OSHA 300 logs and self-inspections to determine the total lost workday injury and illness rate for the participating contractors and compare to the average for the construction industry in Texas and nationally.

Monthly reports will indicate the applicable number of employers, supervisors and employees trained. Records will be maintained of training certifications. All contractors will be required to conduct daily and/or weekly safety toolbox talks, which will be reported as training hours.

Outcome measures will be gathered on a monthly basis and will incorporate data to analyze the number of employees surveyed, number of injuries, illnesses, fatalities, and serious hazards found and abated as a result of onsite audits and job site inspections. Measurement factors will be compiled monthly and submitted to the OSHA Partnership Coordinator.

V. ANNUAL EVALUATIONS

Partnership Evaluation: The partnership will be evaluated by the San Antonio Area Office on an annual basis, in accordance with the Strategic Partnership Annual Evaluation Format measurement system as specified in Appendix C of CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health Directive.

OSHA may ask that the following information be provided by the company during the on-site enforcement verification visit, for review or collection by OSHA:

OSHA 300/300A and 301 Logs of Injuries and Illnesses
Exposure assessment data for all hazardous chemicals to which employees may exposed
Number of employee complaints, number of training sessions held, and number of employees and supervisors/managers trained
Number of and results of safety /health audits and inspections, which may include hazards identified and corrected
Documentation of employee involvement, including minutes of safety meeting
Documentation of communication between management and employees (may include computer memos, feedback on each suggestion, or other appropriate documentation)
Participation in health or safety seminars (i.e. 10 and 30-Hour Construction Safety and Health Courses, Safety and Health Fair, Trade Shows, etc)

VI. BENEFITS

Maximum penalty reductions for all tiered contractors working on any partnership jobsite as allowed in the OSHA Field Operations Manual (FOM) for good faith and history. When calculating the initial penalty reduction, OSHA will grant the 25% reduction provided in the OSHA FOM where the employer has taken specific, significant steps beyond those provided in the OSHA FOM to achieve a high level of employee protection. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. Minimum penalty provisions of the FOM will apply for penalty reductions of 100%.

Upon entry into the Partnership, the criteria detailed in Attachment A of OSHA’s Clarification of Verification and Exemption Policies for OSPP Construction Participants (June 1, 2006), will be used to conduct one onsite enforcement inspection per year in order to gain a programmed inspection exemption for its worksite.

The exemption will be valid for one year from the date of the last enforcement verification visit closing conference. The number of onsite enforcement verification visits should not be more than the number of programmed inspections, including programmed focused inspections, which the Area Director would otherwise expect that participant to receive within the geographic scope of the partnership in a given year.

Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by OSHA as resources allow.

VII. OSHA INSPECTIONS & VERIFICATIONS

OSHA will conduct one unannounced enforcement verification inspection each year for the term of the project. OSHA, in addition, will conduct 2 non-enforcement verification inspections annually. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to complaints, Local/Regional 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.

The enforcement verification visits will be conducted within 6 months of the partner member signing. OSP verifications must be performed in accordance with the OSP Program Directive, CSP [03-02-002]. Benefits are based on the verification protocols.

HENSEL PHELPS and its subcontractors 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 as well as formal complaints received.

VIII. PARTNERSHIP MANAGEMENT & OPERATION

Participating Contractors

Selection Criteria for Participants

Executive Commitment: Participants agree to submit a letter stating executive commitment to develop and maintain a safety and health program for construction projects (and associated staff housing, if applicable). The letter should be from an officer of the company. It should make clear such a program is a priority for the officer and that he (or she) will personally track programs and hold managers accountable for administration of the program. The letter should be addressed to the OSHA Area Director. A similar letter should be addressed to managers and employees and posted for two months in the workplace. Such letters must also be translated (in writing) in the language of the workers.

Commitments to develop a safety and health program, below are the elements of such a program:

Below are the elements of such a program:

Management Commitment and Employee Involvement

Member agrees to:
1. State clearly a worksite policy on safe and healthful work and working conditions, so that all personnel with responsibility at the site (and personnel at other locations with responsibility for the site) fully understand the priority and importance of safety and health protection in the organization.
2. Establish and communicate a clear goal for the safety and health program and define objectives for meeting that goal so that all members of the organization understand the results desired and measures planned for achieving them.
3. Provide visible top management involvement in implementing the program so that all employees understand that management's commitment is serious.
4. Arrange for and encourage employee involvement in the structure and operation of the program and in decisions that affect their safety and health so that they will commit their insight and energy to achieving the safety and health program's goal and objectives.
5. Assign and communicate responsibility for all aspects of the program so that managers, supervisors, and employees in all parts of the organization know what performance is expected of them.
6. Have the authority to enforce safety rules and regulations. This authority will include provisions to hold subcontractors and employees accountable and, if necessary, remove contractor employees from the job site.
7. Provide adequate authority and resources to responsible parties so that assigned responsibilities can be met.
8. Hold managers, supervisors, and employees accountable for meeting their responsibilities so that essential tasks will be performed.
9. Review program operations at least annually to evaluate their success in meeting the goals and objectives so that deficiencies can be identified and the program and/or the objectives can be revised when they do not meet the goal of effective safety and health protection.
Worksite Analysis

Member agrees to:
1. Conduct periodic workplace inspections/audits for the purpose of identifying and correcting safety and health hazards. Fall, electrical, struck by and caught between hazards will be documented and corrected.
2. Inspections/audits will be conducted as frequently as deemed necessary by the company, but in no case less than once every month
3. The company will utilize the services of the H Safety Representative or their designee to perform these inspections/audits in addition to their own inspection/audit.
4. Analyze planned and new facilities, processes, materials, and equipment.
5. Perform routine job hazards analyses.
6. Provide a reliable system for employees to notify management personnel about conditions that appear hazardous and to receive timely and appropriate responses and encourage employees to use the system without fear of reprisal. This system utilizes employee insight and experience in safety and health protection and allows employee concerns to be addressed.
7. Investigate accidents and "near miss" incidents so that their causes and means of prevention can be identified.
8. Maintain records of recordable injuries and illnesses as required by OSHA.
9. Analyze injury and illness trends to identify work practice improvements or material modifications necessary to prevent accidents.
10. The safety and health official will prepare an annual analysis of the company’s safety and health program. This will include a summary of all major hazards found and corrected through inspection and safety committee efforts, those still uncorrected, injury/illness trends, and recommendations for safety and health improvements.
Hazard Prevention and Control

Member agrees to:
1. Establish, at the earliest time, safe work practices and procedures that are understood and followed by all affected parties. Understanding and compliance are a result of training, positive reinforcement, correction of unsafe performance, and if necessary, enforcement through a clearly communicated disciplinary system.
2. Provide personal protective equipment
3. Maintain the facility and equipment to prevent equipment breakdowns.
4. Plan and prepare for emergencies, and conduct training and emergency drills, as needed, to ensure that proper responses to emergencies will be "second nature" for all persons involved.
5. Establish a medical program that includes first aid onsite as well as nearby physician and emergency medical care to reduce the risk of any injury or illness that occurs.
Safety and Health Training

Member agrees to:
1. Instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.
2. Train workers on fall protection and prevention of electrocutions, caught-between and struck-by accidents
3. Train select personnel in basic first aid and CPR
4. Train personnel in hazard communications.
5. Make material safety data sheets (MSDSs) available to any requesting employee.
6. Train workers in any other aspects that will enable them to do their jobs safely.
Cooperation with OSHA

Member agrees to:
1. Allow OSHA to conduct an annual on site enforcement verification visit in accordance with this partnership agreement. The inspection may result in citations and penalties being issued to the company.
2. Cooperate with OSHA during all inspections and to share information on its safety and health program, program analysis, recordkeeping data, and internal inspection/audit results.
3. Allow an employee representative to participate on OSHA inspections and to allow interviews with workers.
4. Post notices of imminent danger, when issued by OSHA, and then will immediately correct the hazards or voluntarily remove workers from exposure.
OSHA

OSHA Commitment
1. OSHA will endeavor to support the company in reasonable requested training.
2. OSHA will furnish technical advice, publications and training material to the employer upon request. Such requests will not cause an OSHA inspection.
3. Informal complaints (unsigned) --- participant will have an opportunity to resolve such complaints; however, if corrections are inadequate, an inspection may be made to compel compliance.
4. OSHA may arrange quarterly conference calls among all active participants in the partnership.
5. OSHA will participate as available in the monthly Partnership Committee meetings.
Partnership Limitations

It is stipulated that partnering employers remain subject to OSHA inspections and investigations in accordance with established Agency procedures.

Limited Scope Inspections
1. OSHA will conduct unprogrammed inspections in accordance with the current Agency enforcement policies and procedures, as specified in the Field Operations Manual CPL 02-00-148.
2. OSHA will conduct accident investigations.
3. OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer.
Partnership Management:

Hensel Phelps Construction Company will be responsible for providing the required data to the Compliance Assistance Specialist at the OSHA office which coordinates the agreement. Annual evaluations will be completed and submitted in a timely manner to OSHA Directorate of Cooperative and State Programs (DCSP). Conference calls will be held on a quarterly basis and face-to-face meetings will be held annually as resources permit.

IX. 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.

X. TERMINATION

If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated.

This agreement will terminate on March 1, 2012. If either OSHA or (insert name of the partner) wishes to withdraw their participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.

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 a written notice of the intent to withdraw to OSHA.

OSHA will terminate the participant’s agreement for any sustained willful violation or any sustained failure-to-abate situations.

OSHA will terminate the participant’s agreement for a fatality or catastrophic event (defined as three or more employees admitted to the hospital due to exposure to the same event) that occurs at the site. The partnership will terminate and will be closed for for the duration of this project.

OSHA will terminate the participant’s agreement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act.

XI. TERM & LOCATION OF PARTNERSHIP AGREEMENT

This partnership will expire at the completion of this project.

XII. SIGNATURES

Signed this ___ day of April, 2011

_______________________________
Tom Fisher
Vice President,
Hensel Phelps Construction Company

_______________________________
Jeff Funke, CSP
Area Director
U. S. DOL - OSHA
San Antonio Area Office

Attachments:

Management Commitment Letter
Application Site Information
Self Inspection

Occupational Safety and Health Administration

Mr. Jeff Funke

U.S. Department of Labor – OSHA

Washington Square Blvd, Suite 203
800 Dolorosa Street
San Antonio, TX 78207-4559

Dear Mr. Funke,

Hensel Phelps Construction Company is committed to 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.

Hensel Phelps Construction Company 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 Hensel Phelps Construction Company Safety designee to assist in maintaining records of all injuries occurring in the work place, conducting inspections of the work place and providing training to all employees.

Signature _______________________________________________

Title __________________________________________________

Company Name __________________________________________

Date _________________________________________________

STRATEGIC PARTNERSHIP APPLICATION SITE INFORMATION

Employer Name - Hensel Phelps Construction Company

Name of Project - San Antonio Public Safety Headquarters

Site Address - W. Nueva and Durango Street, San Antonio, TX 78207

Contact Person - Mark W. Webb, CSP

Email address - mwebb@henselphelps.com

Phone - 512-657-8858

Fax - 512-834-9844

Start Date:

Completion Date:

STRATEGIC PARTNERSHIP SELF INSPECTION

Employer Name......... _____________________________________________________________
Name of Project........ _____________________________________________________________
Inspection Date(s):.......................................................... __________________________________
            Total number of employees 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............................................................................................. _____________
            Training (optional)
            # of employees _______ X # of hours ___________ = Total Hours ...... _____________
            # of managers ________ X # of hours ___________ = Total Hours ....... _____________

Inspection Conducted by:......... _____________________________________________________


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