I. Background
The St. Louis Area Office of the Occupational Safety and Health Administration, Clayco Inc, project
subcontractors, and labor organizations recognize the need for a safe and healthy jobsite. The goal
of this partnership agreement is to help ensure that the new St. Louis University Arena project will
provide a safe work environment for all employees working on this project.
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 safety and maintaining an
open line of communication between OSHA, Clayco Inc, and its subcontractors and labor organizations
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
Clayco Inc and the project Owner and/or Developer or any of Clayco Inc.’s Subcontractor(s). Nor does
it lessen any/all affirmative defenses, legal rights or due process afforded contractors with
respect to Agency enforcement action.
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 construction of a new building for St. Louis University.
III. Identification of Partnership Organizations
Clayco Inc
Project subcontractors
OSHA – St. Louis Area Office
Pledge Support for the partnership
St. Louis University
St. Louis Building Trade Council
Carpenters District Council of Greater St. Louis
All subcontractors that work on this project are considered Partners. In all
contracts with subcontractors, that are not already executed, Clayco Inc will attempt to incorporate
this OSHA partnership into their respective agreements with a provision acknowledging the subcontractor’s
obligations under this partnership agreement. Clayco will attempt to include Subcontractors already
under contract, by change order, which will also include a provision acknowledging the
subcontractor’s obligations under this partnership agreement.
IV. Program Implementation
- As a goal, maintain a lost time incidence rate below the BLS national average without fatalities.
The incidence rate for this Partnership is established as 3.4.
- 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 Clayco Inc covering jobsite
safety and health issues and procedures relative to the work being performed. All 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 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 Clayco
Inc 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 Clayco Inc, 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 Clayco Inc before beginning any work on
site. All subcontractors shall have an effective safety program in place.
- The St. Louis Area OSHA Office may be contacted for clarification on safety and health-related
issues.
- Create a working relationship between OSHA and the other Partnership members.
- Apply for participation in OSHA’s Voluntary Protection Program when the project has been in
operation for one year.
- Maintain the following special focus areas throughout the duration of the project: floor and wall
opening awareness and protection program, high visibility outer wear for all employees, housekeeping
focus initiative, safety awareness promotion campaign with associated signage, safety management
training, Job Hazard Analysis Training and utilization, and Contractor Project Safety Committee with
participation compliance requirements for active project team members that include project safety
performance audit objectives.
- The project will provide the forum for a pilot Safety Mentoring Program initiative by Clayco, to
assist Minority and disadvantaged businesses in the development and implementation of quality safety
programs and the promotion of a positive Safety Culture within their organization.
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 Days Away, Restricted, or Transferred (D.A.R.T.) rate compared to the average for
construction nationally, based on the BLS 2004 published Incidence Rate of 3.4.
- Documented job site inspections, with an emphasis on hazard identification and remediation.
- 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.
- Safety and Health Programs will be maintained on file by Clayco Inc. Reports to be made quarterly
concerning the general effectiveness of the safety and health programs. Copies will be made
available to all members of the Partnership 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 Safety Manager for Clayco, Inc 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:
- Clayco Inc:
- 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 rule
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 action
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. This includes steel erection, roofing, and other leading edge construction operations even
when it may exceed OSHA requirements.
- Where airborne silica exposure exists, Clayco Inc will require the use of wet cutting techniques
and/or dust collection systems in addition to the appropriate use of approved respiratory protection
where warranted. Personal air monitoring will be conducted to assess employee exposure levels when
required. 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) exists, the Subcontractor will
conduct air monitoring to assess employee exposure levels when deemed necessary.
- 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 to delivery.
- OSHA-required trench and excavating protection shall be enforced.
- Guardrails or fall protection will be present on all scaffolding over six feet.
- All workers, management and visitors shall wear hardhats at all times when on site. (Exception
shall be inside the isolated on-site management offices.)
- Cranes: All crane operators working on the site, whether by subcontract, or provided as part of
a lease or rental agreement, shall be trained in crane safety. Appropriate training shall be
verified by Clayco, Inc. before crane operation is permitted on the worksite.
- Provide a Project Superintendent/Labor Representative Liaison, who will have as part of their
job description a responsibility for site safety, to serve as a point of contact and to assist the
Safety Manager in overseeing the partnership goals.
- 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 make the data compilations available to all Partners.
- Provide signage identifying the site as an OSHA Partnership Project as well as signage
indicating Lost Time Incidents.
- Maintain accident/injury data. Subcontractor’s Experience Modification Rates (EMR) will be made
available to OSHA upon request.
- In addition to OSHA’s notification requirements, Clayco, Inc will notify the local OSHA office
of safety or health related events, which are likely to generate public attention and/or news media
coverage. This notification will be provided in a timely manner and will include sufficient
background and incident information for responding to agency and public inquiries.
- OSHA:
- OSHA may participate in the quarterly Safety Committee meetings but will not participate in the
weekly walk-around inspections.
- Compliance Assistant Personnel from the St. Louis Area Office may aid with on-site and 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 Clayco, Inc Safety Manager.
- Conduct and document job site safety inspections weekly for those employees under their control.
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 Clayco Inc and OSHA
upon request.
- Participate with Clayco Inc during the 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 Clayco Inc within 24 hours that the unsafe
condition has been corrected.
- Will receive a copy of all reports of 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 for a violation
occurring at the site, a maximum of 25% penalty reductions for good faith will be provided, in
accordance with CPL 2.103 - 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
2.115, 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.
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
Clayco Inc’s project executive and Safety Manager, a St. Louis University 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 Clayco Inc, 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 of the Site and Building construction activities,
but not to extend past February 2008.
Should either of the principal participants (OSHA or Clayco Inc) 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. OSHA and the Clayco Inc 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 Clayco Inc / OSHA Partnering Agreement for the St. Louis
University Arena.
Signed this 19th day of April, 2007. |
Principal Participants: |
|
William McDonald, Area Director
Occupational Safety & Health Administration
St. Louis Area Office |
Steve Sieckhaus
Clayco, Inc |
The following Pledge both support and cooperation to the partnership: |
Gerald Feldhaus
St. Louis Building and Construction
Trades Council |
Carpenters’ District Council of Greater St. Louis and Vicinity |
|
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