|
Region VII > #626 Partnership Agreement |
 Printing Instructions |
St. Louis Area
Occupational Safety & Health Administration
and
Ameren Services
Ozark Constructors, LLC
Paul C. Rizzo and Associates, Inc.
Taum Sauk Upper Reservoir Dam Rebuild
Partnership Agreement |
I. Background
The St. Louis Area Office of the Occupational Safety and Health Administration, Ozark Constructors
and project subcontractors recognize the need for a safe and healthy jobsite. The goal of this
partnership agreement is to help ensure a safe work environment for all employees, subcontractors
and visitors during the rebuild of the existing Taum Sauk Upper Reservoir Dam in Reynolds County,
Missouri.
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 an 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; Ozark Constructors; Ameren
Services Corporation, the Owner; Paul C. Rizzo and Associates, the Construction Manager; 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
Ozark 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 the Taum Sauk Upper Reservoir
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 rebuild of the existing Taum Sauk Upper Reservoir Dam in Reynolds
County, Missouri, approximately 120 miles south of St. Louis. The Upper Reservoir is impounded by a
kidney-shaped concrete faced rockfill dike, and will be replaced with a conventional roller
compacted concrete (RCC) dike.
III. Identification of Partnership Organizations
Primary Participants
OSHA – St. Louis Area Office
Ozark Constructors |
Supporting Groups
Ameren Services Corporation
Paul C. Rizzo and Associates, Inc. |
All subcontractors to Ozark Constructors that work on this project are subject
to this partnership agreement.
IV. Program Goals
- As a goal, implement the Ozark Constructors Site Specific Safety & Health Plan, Ameren UE
Contractor's Substance Abuse Policy and the Ameren UE "Rules to Live By" to maintain a lost time
incident rate 15% 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 Ozark 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 personnel engaged in construction activities shall have completed the OSHA 10 hour course
for the construction industry. Supervisory personnel shall, as a minimum, have completed the
OSHA 30 hour construction training course.
- All personnel (supervisory and non-supervisory) engaged only in mining related activities may
substitute the OSHA training with the Mine Safety and Health Administration (MSHA) Part 46/48
training with the approval of the Ozark Constructors Safety Manager.
- 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 Six Foot Fall Protection Program to include fall protection in all
cases where work is being performed six feet or more above a lower surface.
- Subcontractors will adhere to the partnership agreement.
- 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.
- Exploration of OSHA's Voluntary Protection Program (VPP) goals will be reviewed after one year
of on-site activity.
V. Measurements
- Compare the project's total lost workday injury and illness rate to the 2005 BLS nonresidential
construction total case injury and illness rate of 5.9.
- Documented job site inspections and total number of hazards identified and corrected will be
maintained by the Ozark 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 10/30 hour courses and MSHA Part
46/48 training as well as on-site training.
- Evaluate the effectiveness of the Fall Protection Program thru safety audits and monitoring the
daily work activities of the trades.
- Safety and Health Programs will be maintained on file by Ozark Constructors. Reports to be made
quarterly by the Ozark 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
- Partnership participants must meet the following designated requirements to participate in this
partnership.
- Ameren Services Corporation, the Owner; Paul C. Rizzo and Associates, Construction Manager; each
Subcontractor and their Subcontractors will designate at least one representative to attend an
on-site safety review committee meetings. The Project Safety Manager (or his designee) for Ozark
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 jobsite
inspections documents 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:
a) Ozark Constructors will:
- 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 per the Ozark Constructors Site Specific Safety and Health Plan.
- 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, Ozark 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 fumes or large-scale use of chemicals exists, the Ozark
Constructors or the affected Subcontractor will conduct air monitoring to assess employee exposure
levels as per OSHA requirements.
- Ensure that Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
- Ensure back up alarms shall be present on all motorized equipment having an obstructed view to
the rear.
- Ensure no loads shall be lifted overhead without clearing the path of crew members and the
general public prior to delivery.
- Ensure OSHA-required trench and excavating protection shall be enforced.
- Ensure proper guardrails will be present on all scaffolding over six feet.
- Ensure 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: Require that 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 on each shift at least weekly. 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 Program, 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.
b) Project Subcontractors Will:
- Appoint an on-site person to act as a labor representative to resolve jobsite safety matters and
be the liaison to the Ozark Constructors Safety Committee.
- Conduct and document job site safety inspections weekly for those employees under their
control and make them available to Ozark 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 Ozark Constructors
and OSHA upon request.
- Participate with Ozark Constructors at 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 Ozark Constructors within 24 hours that the
unsafe condition has been corrected.
- Receive a copy of all the job site inspections of their respective areas.
c) OSHA's involvement as a partnership member will consist of the following:
- 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 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.
VII. OSHA Incentives
- In the event that a partnership 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
Ozark Constructors project executive and Safety Manager, an Owner representative, a Construction
Manager 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 Ozark 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 of the rebuild of the existing Taum Sauk Upper
Reservoir Dam in Reynolds County, Missouri, approximately 120 miles south of St. Louis. The Upper
Reservoir is impounded by a kidney-shaped concrete faced rockfill dike, and will be replaced with a
conventional roller compacted concrete (RCC) dike, anticipated completion date is December 2009.
Should either of the principal participants (OSHA or Ozark 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. OSHA and the Ozark 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 Missouri, the parties below agree
to the above terms of the Ozark Constructors / OSHA Partnering Agreement for the rebuild of the
existing Taum Sauk Upper Reservoir Dam in Reynolds County, Missouri.
|
| Signed this 18th day of December, 2007. |
Principal Participants: |
Supporting Groups: |
William McDonald
Area Director
Occupational Safety & Health Administration
St. Louis Area Office |
Mike Birk
Vice President
Power Operations
Ameren UE |
Douglas K. Weible
Joint Venture Executive Manager
Ozark Constructors Joint Venture |
Carl M. Rizzo
Vice President
Construction Management Services
Paul C. Rizzo and Associates, Inc. |
John Bowen
Joint Venture Executive Manager
Ozark Constructors Joint Venture |
|
|
|
Back to Top
