A. Background

To facilitate the goal of reducing occupational related fatalities and serious injuries within the construction industry, Occupational Safety and Health Administration (OSHA), Kansas City Area Office (KCAO), M. A. Mortenson (Mortenson), and The Builders’ Association, have agreed to enter into a cooperative partnership agreement 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 hazards within the construction industry, and to promote and recognize those jobsites controlled by a contractor that have demonstrated an effective safety and health program. The Partnership agreement is an effective tool for ensuring safety at the BCT 6 Training Barracks Projects (BCT 6, WIT, BCT 3) in Fort Leonard Wood, Missouri. This Partnership will serve to establish a cooperative effort in ensuring safety and maintaining an open line of communication between OSHA and contractors on the worksite. This 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 more participation in the safety process from the construction community.

B. Site Description – Construction of Military Training Barracks and a Warrior Transition Building

C. Partners

• OSHA Kansas City Area Office
• M. A. Mortenson Company
• The Builders’ Association

II. PURPOSE/SCOPE

This partnering agreement was developed jointly by M.A. Mortenson, The Builders’ Association, and OSHA. 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.

This initiative represents a voluntary agreement and affords a partnership alternative to the traditional OSHA enforcement procedures.

By focusing its efforts and utilizing the skills, knowledge and resources of OSHA, The Builders’ Association, and M.A. Mortenson, the partners expect to reduce exposure to hazards and the incidence of serious injuries and fatalities at the Fort Leonard Wood Construction Projects. Increased communication between the stakeholders and the resultant mutual respect are additional benefits expected to be realized from this cooperative and voluntary Partnership.

According to 2009 data from the Bureau of Labor Statistics (BLS), construction had a fatality rate of 9.7 (816 persons) per 100,000 employees compared with manufacturing rate of 2.2 (304 persons). OSHA has identified the top four causes of fatalities in the Construction sector of employment: falls, being struck by equipment or machinery, electrocution, and caught in or between equipment. On an average, OSHA has traditionally devoted 40-50% of its compliance resources to enforcement activity in the construction industry. The goal of this Partnership agreement is to relieve OSHA from the day-to-day burden of enforcing established safety standards on this project by teaming up with Mortenson and The Builders’ Association, and fostering compliance through self-inspections and self-enforcement. The goal for the Partnership is to significantly reduce and/or eliminate any accidents on this project and achieve a Days Away, Restricted or Transferred Rate (DART) per 100 employees for the project below the 2009 BLS National Average of 2.3.

III. GOALS, STRATEGIES, AND MEASURES

The overall goal of this 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.

Goal	Strategy	Measure
Achieve a rate of accidents, injuries and illnesses on the project below the most current published BLS National Average for all of construction. Zero fatalities.	Implementation of comprehensive safety and health management system for the site	OSHA injury and illness data-Total Case Incident Rate (TCIR); Days Away, Restricted or Transferred (DART) Rate; Days Away From Work (DAFW) Rate below the most current published BLS National Average for construction; Rates for fall and amputation injuries will also be tracked
Developing a contractor/government partnership that will encourage involvement of the owner, construction manager and subcontractors in the improvement of safety and health performance	Require the contractor and all subcontractors to develop and implement written safety and health management systems (including a fall protection plan)	Verify by reviewing the number of subcontractors that implemented and/or improved written safety and health management systems
Implementing innovative strategies to eliminate serious accidents, including the four primary construction hazards (falls, struck-by, caught in, and electrical)	1. Provide all employees site specific safety orientation; 2. Conduct 10-hour OSHA training courses (see C.2. and C.3. below under Program Implementation of Strategies); 3. Implement and enforce an ongoing site safety audit program (to include weekly site walk through).	Document the Percent of field employees trained and the training hours received (including orientation and 10 & 30-hour courses); document the number of hazards identified and abated during the safety audits; track all injuries and illnesses
Provide for worker involvement	Provide worker involvement in weekly site safety meetings; site safety walkarounds; Activity Hazard Analyses (AHAs)	Document the number of workers involved in weekly site safety meetings; site safety walkarounds; and AHAs

Program Implementation of Strategies - Strategies to achieve one or all of the above goals:

1. Mortenson will establish a system to collect and analyze injury and illness trends (including near-miss incidents) by all contractors performing work at the site. This data will be used as a tool for continual safety and health program improvement at the site.

2. Implement a comprehensive jobsite inspection program which includes:

a. Complete job hazard analysis prior to employee exposures, identifying potential hazards to employee safety and health.

b. Conduct initial monitoring for ALL toxins, carcinogens, or hazardous substances currently emphasized by OSHA and which present inhalation hazards, such as silica, lead, cadmium, and/or isocyanates. Employee exposures will be assumed and respiratory protection worn until the results of the initial monitoring studies are received and demonstrate no exposure problems.

c. Daily audits will be performed by Mortenson. In addition, on a monthly basis, a comprehensive audit of the jobsite will be performed, with all contractors currently working on-site as participants. Any hazards found during the audits will be corrected promptly. Any hazards which cannot be corrected on the day they are discovered will be tracked until abatement is completed and affected employees will be informed as to the existence of any uncorrected hazard and interim measures to be taken until abated.

3. 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.

4. Ensure employees receive training as follows:

a. 100% of Mortenson’s on-site supervisory personnel and all of the subcontractor’s safety designees, will complete the 30-hour OSHA construction course (or its equivalent). Sub-contractors can utilize other instructors as long as they can show a valid certification card showing completion of the course.

b. 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. In addition, employees shall receive training on the content of the Activity Hazard Analysis (AHA) for operations they will encounter. This may require periodic retraining of employees on the content of the AHAs as they become relevant due to entering new phases of construction.

c. Safety and health training to Hispanic/Latino sub-contractors with non-English speaking employees will be conducted in Spanish, should the need arise.

d. 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 at least 50% of the expected average employees being trained. Sub-contractors can utilize other instructors as long as they can show a valid certification card showing completion of the course. Mortenson has primary responsibility for providing this training. The Builders’ Association and/or OSHA will provide assistance, as resources allow.

6. Require sub-contractors who have written safety and health programs to submit them to Mortenson. Mortenson will evaluate all sub-contractors’ programs. Companies that do not have or have a deficient written safety and health program have the option of either adopting the safety and health program of Mortenson or developing one by utilizing services provided by other Partnership members.

7. Ensure health-related issues arising during the course of the construction work are adequately addressed by Mortenson and/or the affected sub-contractors, with assistance from the Kansas City Area Office and/or The Builders’ Association, as needed. All health-related issues will be discussed monthly during the partnership meetings.

a. An effective hearing conservation program, including noise monitoring and engineering controls, where possible, will be implemented. b. An effective environmental monitoring program will be implemented to control airborne hazards, such as silica, and will include personal monitoring, employee training, implementation of engineering controls where possible, and the use of respiratory protection when necessary.

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

9. Ensure all equipment capable of amputations is adequately guarded.

10. OSHA may provide benefits to participating companies that voluntarily improve their safety and health performance. See Benefits section, below;

1. The measurement system will use OSHA recordable injuries and illnesses to determine the Days Away, Restricted, or Transferred (DART) Rate, Days Away from Work (DAFW) Case Rate and Total Case Injury and Illness Rate (TCIR) for the site compared to the most current BLS National Average for the construction industry. Rates for fall and amputation injuries will also be tracked and computed.

2. Activity measures shall include the applicable number of employers, supervisors and employees trained. Mortenson will maintain the records of the 30-hour and 10-hour OSHA training certifications. All contractors will be required to conduct weekly safety toolbox talks.

3. Intermediate measures will include the number of safety and health programs instituted and/or improved. The programs will be maintained on site and evaluated by Mortenson.

4. Outcome measures will be gathered on an monthly basis and will incorporate data to analyze the number of hours worked, number of injuries, illnesses and fatalities, and the number of serious violations found as a result of onsite audits, jobsite inspections, and OSHA inspection activity;

5. Documented jobsite inspections and the total number of hazards identified and corrected by the general contractor and by each sub-contractor. The job site inspections will indicate the number of hazards observed and subsequent progress and improvements with their safety and health programs.

6. The number of actions of those individuals who do not fully comply with Mortenson’s Zero Injury philosophy. The tools for tracking these actions may be the near miss incident reporting system and the safety audits.

7. Actions specific to NFPA 70E and work on live electrical, such as training records, PPE availability and use, and permits.

8. Measurement factors will be compiled monthly by Mortenson and at the end of the project.

1. In the event that a company performing work at the site is cited by OSHA, a maximum penalty reduction for good faith will be provided, in accordance with CPL 02-00-150, Field Operations Manual (FOM), or most current FOM.

2. Priority will be given to “phone and fax” investigations of all complaints in lieu of on-site inspections.

3. Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is immediately abated.

4. In the event an enforcement inspection is performed at the site, the site shall be removed from OSHA programmed inspection lists for a 12-month period following the successful completion of an OSHA verification inspection (meaning no high gravity serious, willful or repeat hazards cited). Please reference the Section VI. In the event that an OSHA enforcement inspection does reveal serious, willful or repeat violations, the inspection will not be considered successful; and, the site will remain subject to OSHA inspections.

A. M.A. Mortenson:

1. Implement Mortenson’s Zero Injury Safety Program and a comprehensive safety and health program, which includes:

a. Management commitment and employee involvement;

b. Hazard analysis;

c. Hazard control;

d. Arrangement of training assistance for other stakeholders on site.

2. Mentor sub-contractors in safety and health management systems.

3. Where the potential for airborne silica exposure exists, Mortenson will require the use of wet cutting techniques and/or dust collection systems in addition to the mandatory use of approved respiratory protection. To the extent feasible, personal air monitoring will be conducted to assess employee exposures levels. 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 finishings) exists, Mortenson will coordinate and ensure the completion of air monitoring to assess employee exposure levels. Sampling results will be complied and tracked by Mortenson

4. Have the authority to enforce safety rules and regulations. This authority will include provisions to hold contractors and employees accountable and, if necessary, remove contractor employees from the job site.

5. 100% fall protection for all fall hazards over six (6) feet.

a. Warning lines may be used 6 feet from the edge, as long as 100% restraint system will be used to keep workers safe while working outside the 6 foot warning line from reaching the edge and falling to a lower level.

b. Bricklayers performing overhand bricklaying and related work six feet or higher above lower levels must be protected as described above. No monitor system will be allowed.

c. Workers on the face of formwork or reinforcing steel must be protected from falling six feet or more by personal fall arrest systems, with the use of a positioning device.

6. To the extent feasible, serious ergonomic hazards will be identified and corrected.

7. Ground Fault Circuit Interrupters (GFCI) will be used to protect all electrical circuits that are installed for work. All contractors will ensure that employees are protected by the use of a GFCI at all times

8. The Safety Director for Mortenson will be responsible for overseeing site safety and to serve as a point of contact and to oversee the partnership goals.

9. The Site Safety Manager and/or Safety Coordinator will ensure that daily safety audits are conducted. Since this is a multi-employer worksite and all workers are to work together on safety issues, a schedule of all daily site- safety audits will be developed by Mortenson and the safety committee. This schedule will be posted near the site safety station for easy access.

10. Conduct and document job site safety meetings/toolbox talks on a weekly basis.

11. Submit monthly accident reports to the partners, including first aid, injury, property damage and near miss reports.

12. Mortenson’s designated Site Safety coordinator will coordinate and conduct a comprehensive site audit on a monthly basis. Partnership Committee Members will participate in the site safety audit when needed. The safety representative for each sub-contractor currently working on-site will also participate in the monthly safety audit. If non-compliant activity or hazards are discovered, immediate correction is required. Mortenson will document the corrective action taken and share this information during the monthly update meetings.

13. Allow OSHA access to the site during inspection activities (verification as well as non-programmed activities such as fatalities and employee complaints).

14. Audit the partnership and make recommendations for improvement.

15. Jobsite inspections and select near misses will be shared and made available to all workers. Select near misses and daily safety audits will be discussed during stretching exercises.

16. No employee should be allowed to work directly below a suspended load except for: employees engaged in the initial connection of steel; employees necessary for hooking or unhooking of the load. The following criteria must be met when employees are allowed to work under the load: materials being hoisted shall be rigged to prevent unintentional displacement; hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping out of the hook; all loads shall be rigged by a qualified rigger. All rigging must be tagged with work load limits or color coded to identify the work load limits.

17. Require the use of appropriate personal protective equipment. Hardhats class II vest, and eye protection will be worn at all times on the worksite. Employees working shall wear class II high-visibility reflective vest or shirt.

B. OSHA:

1. OSHA may participate as available in the monthly Partnership Committee meetings, but will not participate in the weekly walk around inspection. The KCAO Compliance Assistance Specialist (CAS) will at a minimum participate in the meeting and walkaround inspections on a quarterly basis.

2. OSHA will designate an experienced safety and health specialist to serve as a resource and liaison for Partnership participants. The KCAO CAS will assist with safety and health training, as resources permit.

3. OSHA will give priority to the BCT 6 Phase II Construction Project when technical assistance is needed.

4. OSHA will audit the monthly reports/documents and make recommendations for improvements in meeting Partnership goals.

5. OSHA will conduct inspections in accordance with section VI of this partnership.

C. Subcontractors:

1. Appoint an on-site Partnership Committee member to act as the person responsible to resolve job site safety matters and be the liaison to Mortenson’s Site Safety Manager.

2. Conduct monthly documented jobsite safety inspections for those employees under their control. This will be in addition to the general, non-documented inspections that are to occur daily. This will allow specific subcontractor employees to participate in the monthly documented inspection process, increasing hazard awareness for not only their work operations, but all work operations being performed on site. If non-compliant activity or hazards are discovered, immediate correction is required. Documentation of abatement methods and verification must be submitted to the Mortenson’s Site Safety Manager. Findings and abatement of the monthly documented inspections will be communicated to all employees on site.

3. Participate in the monthly Partnership Committee meetings and on safety audits. If non-compliant activity or hazards are discovered, immediate correction is required. Abatement methods and verification must be submitted to Mortenson’s Site Safety Manager who will document the correction taken and share this information during the monthly update meetings.

4. A representative from each major subcontractor will be required to participate in the site safety committee.

5. All jobsite inspections will be shared and made available to all workers in the project office.

6. Conduct and document jobsite safety meetings and make them available to Mortenson, all employees on site and OSHA upon request. Jobsite safety meetings will provide all employees with an open forum to discuss safety issues and concerns.

7. Ensure that its employees receive jobsite safety orientation prior to commencing work on site.

8. Subcontractors will be required to submit an Activity Hazard Analysis (AHA) prior to any tasks being performed onsite. Subcontractors are required to review AHAs with their employees prior to start of the work activity, whenever new employees begin work on site, and monthly thereafter. AHAs are considered living documents. When processes or procedures change, AHAs shall reflect any changes to the activities. Field level employees shall be allowed to participate in development and modifications to all AHAs.

9. Cooperate and participate in all respects with OSHA’s involvement with this project including any required meetings, inspections, training and documentation.

. D. The Builders’ Association

1. The Builders’ Association will provide assistance and coordination efforts to the project as resources allow.

2. The Director of Safety Services, or his designated representative, will attend M.A. Mortenson’s monthly safety audit meetings.