I. Background
The St. Louis Area Office of the Occupational Safety and Health Administration, Gateway Constructors
and project subcontractors recognize the need for a safe and healthy jobsite. The goal of this
partnership agreement is to help ensure that the reconstruction of Interstate 64 from west of Spoede
Road to east of Kingshighway Boulevard will provide a safe work environment for all employees and
protect the general public.
This Partnership is designed to not only address the hazards within the construction industry, but
also to promote and recognize those jobsites that have a demonstrated and effective safety and
health program.
This document will serve to establish a cooperative effort in ensuring a high degree of safety
performance and maintaining an open line of communication between OSHA, the Gateway Constructors,
and subcontractors on this project.
Specifications and assignments within this partnership document do not relieve the contractors from
or lessen their safety & health responsibilities nor change any contractual obligations between the
Gateway Constructors and the project Owner. Nor does it lessen any/all affirmative defenses, legal
rights or due process afforded contractors with respect to Agency enforcement action.
I.i. Agreement Intent
This Partnership is exclusively intended to set forth principles of cooperation between the parties
and signatories hereto, and to establish goals with respect to Interstate 64 Reconstruction Project
industrial safety. This Partnership is not intended to establish an independent cause of action in
contract, tort or statute for any party, signatory or third party, and each party and signatory
hereto agrees it shall not initiate or advance any cause of action, in any forum under this
agreement. For avoidance of confusion, no party, signatory or third party shall in any way have its
rights or defenses with regard to any cause of action in contract, tort or statute diminished or
precluded on the basis of this Partnership.
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.
II. Situational Analysis
OSHA has identified the top four causes of fatalities in construction as: falls, being struck by
equipment or machinery, electrocution, and caught-in-between equipment or materials. The goal for
this Partnership Agreement is to realize, upon completion of the project, reduction of accidents,
injuries and illnesses on the project.
This project will encompass the reconstruction of Interstate 64 from west of Spoede Road to east of
Kingshighway Boulevard and is the first Design –Build contract for Missouri Department of
Transportation.
III. Identification of Partnership Organizations
Gateway Constructors
Project subcontractors
OSHA – St. Louis Area Office
All subcontractors that work on this project are considered Partners. For contracts
already executed Gateway Constructors will incorporate this OSHA partnership into their respective
agreements with a subcontractor change order.
IV. Program Goals
- As a goal, maintain a lost time incidence rate below the BLS national average, and without
fatalities.
- Frequent jobsite inspections utilizing a system developed by the Partnership Members. This system
provides comprehensive coverage and documentation over a wide variety of site conditions.
- Ensure employees receive training as follows:
- All employees will receive a site-specific safety orientation from Gateway Constructors covering
jobsite safety and health issues and procedures relative to the work being performed. All
subcontractor employees will attend a safety review meeting with their respective Subcontractor
before performing work on the site.
- All supervisory personnel engaged in construction activities or other personnel serving in the
capacity as a competent person shall have completed the OSHA 10 hour course for the construction
industry (or its equivalent) prior to commencement of work on-site. Site personnel designated as
safety representatives shall, as a minimum, have completed the OSHA 30 hour construction training
course (or its equivalent).
- Records of training certification will be maintained by the individual trades and available for
review by OSHA upon request. Other hazard-specific training will be conducted on an as-needed basis
by the respective contractors.
- Implement an aggressive Fall Protection Plan to include fall protection in all cases where work
is being performed six feet or more above a lower surface.
- Require all subcontractors who have written safety and health programs to submit them to Gateway
Constructors before the start of any on-site work. Subcontractors that do not have their own written
safety and health programs have the option of adopting the safety and health program of Gateway
Constructors, develop one by utilizing services provided by other Partnership Members or secure the
services of an outside consulting firm. This must be completed and submitted to Gateway Constructors
before beginning any work on site. All subcontractors shall have an effective safety program in
place.
- Create a working relationship between OSHA and the other Partnership members. The St. Louis Area
OSHA Office may be contacted for clarification on safety and health-related issues.
V. Measurements
- Comparison of anticipated injury costs based on Missouri Division Workers’ Compensation estimates
for this type of construction versus actual injury costs following completion of the project.
- The total lost workday injury and illness rate compared to the average for construction
Nationally based on the BLS 2002 published Incidence Rate of 3.9.
- Documented job site inspections and total number of hazards identified and corrected will be
maintained by the Gateway Constructors Safety Team and will be made available to OSHA’s St. Louis
Area Office upon request.
- Records of training certifications/training rosters will be maintained. Report the total number
of people trained. These may include, but not be limited to, OSHA 10 and 30 hour courses as well as
on-site training.
- Evaluate the effectiveness of the Fall Protection Plan thru safety audits and monitoring the
daily work activities of the trades.
- Safety and Health Programs will be maintained on file by Gateway Constructors. Reports to be made
quarterly by the Gateway Constructors Safety Team concerning the general effectiveness of the safety
and health programs and copied to the St. Louis OSHA office for review.
VI. Partnership Member Involvement
Each Subcontractor and their Subcontractors will designate at least one representative to attend an
on-site safety review committee meeting. The Project Safety Manager (or his designee) for Gateway
Constructors will oversee the committee and convene a general meeting quarterly to evaluate the
progress of the partnership. The committee will review the completed and summarized inspections of
the site as part of the quarterly meeting. Identified hazards and abatement as well as trends, will
be discussed. OSHA may provide a representative to share current issues in construction risk control
and provide input for improvement. Committee members will meet the criteria to participate as
outlined below:
- Gateway Constructors:
- Implement a comprehensive safety and health program, which includes:
- Management commitment and employee involvement
- Worksite analysis
- Hazard control
- Arrange for training assistance for Subcontractors and their Subcontractors on-site.
- Require Subcontractor(s) to implement an appropriate Disciplinary Program for safety and health
violations.
- Refer Subcontractors who have not developed their own safety and health program to a qualified
independent safety consultant.
- Have the authority to enforce safety rules and regulations. This authority will include
provisions to hold contractors and employees accountable and, if necessary, take appropriate
sanctions to enforce compliance with the established Project safety rules and regulations.
- Require the use of conventional fall protection (i.e. personal fall arrest/restraint systems,
safety net systems or guardrail systems) when performing work that is in excess of 6’ above a lower
level, or less if lower obstructions are present. This includes steel erection, roofing, ladder work
and scaffold operations, even when it may exceed OSHA requirements.
- Where airborne respirable dust (silica) exposure exists, Gateway Constructors will require the
use of wet cutting techniques and/or dust collection. Where the potential for other health issues
such as carbon monoxide, lead, welding fume or large-scale use of chemicals exists, the Gateway
Constructors or the affected Subcontractor will conduct air monitoring to assess employee exposure
levels as per OSHA requirements.
- Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
- Back up alarms shall be present on all motorized equipment.
- No loads shall be lifted overhead without clearing the path of crew members and the general
public prior to delivery.
- OSHA-required trench and excavating protection shall be enforced.
- Proper guardrails will be present on all scaffolding over six feet.
- All workers, management and visitors shall wear hardhats, sturdy work shoes and high visibility
outer garments at all times when on site. (Exceptions can be made only with the approval of the
Project Safety Manager).
- Cranes: All operators of outside or rented cranes shall show proof of certified operator
training in crane safety to work on site. All cranes used on this site shall have annual inspections
performed by an independent third party. Crane operators will be required to have earned a
certification through the nationally recognized Crane Operator Certification Organization.
- Conduct and document job site inspections at least 2 times per week. These are in addition to
the general, non-documented inspections that should occur daily.
- Review quarterly accident reports with the Safety Committee including first aid and near miss
reports.
- Conduct and retain summary documentation of weekly toolbox talks.
- Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
- Compile injury and illness data and provide to OSHA.
- Provide signage identifying the site as an OSHA Partnership Project as well as signage
indicating Lost Time.
- Maintain accident/injury data. Subcontractor EMR data will be made available to OSHA upon
request.
- OSHA:
- OSHA may participate in the quarterly Safety Committee meetings but will not participate in the
twice weekly walk-around inspections.
- Compliance Assistant Personnel from the St. Louis Area Office may aid with off-site safety and
health training.
- Give priority to the Site when technical assistance is needed.
- Audit the quarterly reports and make recommendations for improvement in meeting the Partnership Goals.
- Review Partnership company safety and health programs, along with Subcontractors as necessary,
and provide technical assistance and recommendations for improvement.
- Provide national statistics covering all areas of standards enforcement for distribution to the
Partners.
- Subcontractors:
- Appoint an on-site person to act as a labor representative to resolve jobsite safety matters and
be the liaison to the Gateway Constructors Safety Committee.
- Conduct and document job site safety inspections weekly for those employees under their
control and make them available to Gateway Constructors. This is in addition to the general,
non-documented inspections that should occur daily.
- Conduct and document jobsite safety meetings and make them available to Gateway
Constructors and OSHA upon request.
- Participate with Gateway Constructors at the twice weekly on-site safety Inspections and if
non-compliant activity or hazards are discovered, the affected contractor shall promptly abate the
conditions. The subcontractor shall provide written documentation to Gateway Constructors within 24
hours that the unsafe condition has been corrected.
- Will receive a copy of all the job site inspections of their respective areas.
VII. OSHA Incentives
- In the event that a company performing work at the site is cited by OSHA, a maximum of 25%
penalty reductions for good faith will be provided, in accordance with OSHA Instruction CPL
02-00-103 - Field Inspection Reference Manual (FIRM).
- Priority will be given to "phone and fax" investigations of all complaints in lieu of on-site
inspections.
- Upon successful completion of an OSHA "monitoring" inspection (meaning no high gravity serious,
willful or repeat hazards are cited), as outlined in section VIII (3.), the site will be exempted
from programmed OSHA inspections until the next annual inspection.
- Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is
immediately abated.
VIII. OSHA Inspections
- OSHA will continue to investigate fatalities and catastrophes that occur at the jobsite as well
as alleged "imminent" danger situations.
- OSHA will continue to investigate all complaints received in accordance with OSHA Instruction CPL
02-00-140, Complaint Policies and Procedures. Referrals will be inspected according to procedures
contained in the FIRM.
- OSHA will normally complete one focused "monitoring" inspection each year during the term of the
partnership. These inspections will follow the "Focused Inspection" protocol addressing hazards
related to falls, struck by, caught-in, and electrical hazards. Inspections conducted in response to
complaints, Local and/or National 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.
IX. Employee Rights
This partnership supports employee’s rights as guaranteed under the Occupational Safety and
Health (OSH) Act as delineated in OSHA Instruction CSP 03-02-002.
X. Program Evaluation/Executive Committee
The Partnership will be evaluated at three-month intervals and will include data used to monitor
the success of the partnership efforts. On a three-month basis the Executive Committee comprised of
Gateway Constructors project executive and Safety Manager, a MODOT representative, a representative
from labor and a representative from OSHA shall meet and discuss the program and make any
modifications as required to continually improve the partnership. From time to time subcontractors
will be invited to attend to offer further feedback. A written evaluation will be completed annually
and submitted to the Regional OSHA Office.
XI. Advantages
This Partnership requires frequent inspections of the worksite by Gateway Constructors,
Subcontractors and other members of the Partnership to identify and correct hazards. It also serves
as a model to Subcontractors and others by demonstrating how to implement a strong safety and health
program on a large multi-employer job site. It also encourages a higher level of participation in
the safety process by involving everyone on the job site. The knowledge gained from this Partnership
will be applied to reduce injuries and illnesses at future work sites.
XII. Termination
This agreement shall be in effect until completion the reconstruction of Interstate 64 from west of
Spoede Road to east of Kingshighway Boulevard, but not to extend past December of 2010.
Should either of the principal participants (OSHA or Gateway Constructors) elect to withdraw from
the Partnership, notification in writing shall be given to the other Party. A thirty (30) day notice
is required prior to termination and gives the parties an opportunity to resolve any issues to avoid
termination. Withdrawal by either Party shall constitute a cancellation of the Partnership. In the
event of a termination, neither party shall contact the media and discuss the issues surrounding the
termination; however, the parties shall jointly respond to media-initiated inquiries in a timely
manner. OSHA and the Gateway Constructors are the only entities that can terminate this Partnership.
United States Department of Labor
Occupational Safety & Health
Administration |
Based upon a mutual interest to protect construction workers in the Bi-State area, the parties
below agree to the above terms of the Gateway Constructors / OSHA Partnering Agreement for the
reconstruction of Interstate 64 from west of Spoede Road to east of Kingshighway Boulevard.
Signed this 27th day of April, 2007. |
Principal Participants:
William McDonald, Area Director
Occupational Safety and Health Administration
St. Louis Area Office |
George L. Harvey
Project Manager
Gateway Constructors |
|
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