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PARTNERSHIP AGREEMENT
BETWEEN THE
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
SPRINGFIELD AREA OFFICE
AND
BARR & BARR, INC.

  1. PARTNERS

    The partners to this agreement are:

    • U.S. Departmemnt of Labor-OSHA, SAO
    • Barr & Barr, Inc.
  2. PURPOSE AND SCOPE

    Barr & Barr, Inc. and the United States Department of Labor, Occupational Safety and Health Administration (OSHA), Springfield Area Office (SAO) mutually recognize the importance of ensuring a safe and healthful work environment in the construction industry in the State of Massachusetts. To advance this mutual goal, the Partnership between Barr & Barr, Inc. and SAO has been established to formalize a cooperative effort between these entities which are committed to encouraging companies to improve their safety and health performance voluntarily; providing methods to assist them in their efforts; and recognizing companies with exemplary safety and health programs.

    This Partnership, which will be limited to Barr & Barr, Inc., involves a 175,000 square foot academic building at the University of Massachusetts, Amherst, MA (the Project). Barr & Barr, Inc. will request sub-contractors to participate in achieving the goals set forth in the Partnership when they begin working on the site. The Partnership will provide benefits to Barr & Barr, Inc. and the subcontractors including recognition from OSHA and priority in compliance assistance programs.

    The Project consists of a 5 story building with a mix of department office space and classrooms. There will be specialized rooms for TV and broadcasting production studios, editing rooms, film screening classrooms, computer rooms and speech perception and auditory phonetics labs. The classroom space will consist of 13 - 17 high technology classrooms and lecture halls with a total capacity of 2,000 seats.

    The expected completion date for the $71 million dollar Project is December 2013.

  3. GOALS/STRATEGIES & PERFORMANCE MEASURES

    This table is best viewed on tablets, notebooks, or desktop computer screens.

    GOALS STRATEGIES MEASURES
    1. Develop a contractor/government partnership that will encourage involvement of the general and sub-contractors in the improvement of safety and health performance.
    1. Barr & Barr, Inc. will help all the sub- contractors develop and implement written safety and health programs.
    2. Barr & Barr, Inc. will require all sub-contractors onsite to implement a "zero tolerance" safety practice to achieve a reduction in worksite incidents.
    1. Review the number of sub-contractors who implemented written safety and health programs and recognize those with exemplary programs.
    2. Conduct a periodic review of the subcontractors' injury/illness statistics for the Project.
    1. Implement innovative strategies to eliminate serious accidents caused by the four primary construction hazards (falls, struck-by, caught in, and electrical).
    1. Provide weekly toolbox safety meetings.
    2. Provide construction site supervisors and foremen (including supervisors and foremen of the sub-contractors) and all Barr & Barr employees with OSHA's 10-hour construction safety course to help them recognize worksite hazards and take the appropriate action to eliminate those hazards. In addition, Barr & Barr, Inc. will provide their supervisors with the OSHA 30- hour course and offer it to the supervisors of all other contractors on the site.
    3. Implement and enforce an ongoing safety site audit program that includes a daily site walk through by a competent person.
    4. Perform Job Hazard Analyses (JHAs) with the sub-contractors of the high-hazard tasks to be performed.
    5. Compile a summary of the number of inspections made by the Barr & Barr, Inc. Safety Director (or designee) and any third party. This report will be broken down into the four major categories of construction-focused hazards (falls, electrical, struck by and crushed by hazards), and will show the number of items within each of the four categories that were corrected.
    1. After conducting hazard awareness training, compare the number of hazards identified during the daily, weekly and monthly audits.
    2. Track the hazards found during the walk through inspections
    3. On a daily basis, track all injuries and illnesses (including first aid type).
    4. The number and types of training conducted.
    5. The number of employees and sub-contractors trained.
    6. The number of sub-contractor Employees who received Barr & Barr, Inc.'s specific safety orientation.
    7. Reports of all toolbox talks and safety discussions at weekly foremen's meetings.
    1. Identify opportunities for enhancing safety and health practices related to the operation and maintenance of material handling equipment involved in the project.
    1. Facilitate ongoing training on the safe operations of material handling equipment for all employees involved in the operation.
    1. Document the number of employees who have been trained and licensed on the material handling equipment.
    1. Reduce workforce fatalities, serious injuries and illnesses and provide a safe work environment for employees at the project.
    Barr & Barr, Inc. will collect and analyze injury and illness trends (including near-miss incidents) of all contractors performing work on the project. This data will be used in the development of safety and health programs.
    1. OSHA's 300 injury and illness data.
    2. Barr & Barr Inc.'s incident/accident monthly tracking log.
    1. Ensure that all serious hazards are eliminated or controlled through controls, safe processes and/or procedures, and PPE.
    1. Ensure that health-related issues which arise during the course of the construction work are adequately addressed by Barr & Barr, Inc. and its sub-contractors. All health-related issues will be discussed monthly during the Partnership meetings.
    2. A hearing conservation program, including noise monitoring, audiograms, personal protective clothing (PPE) and engineering controls, where feasible, will be implemented.
    3. An effective environmental monitoring program will be implemented to control airborne hazards such as silica and hexavalent chromium. This monitoring program will include personal monitoring; employee training; implementation of engineering controls where feasible; and the use of respiratory and dermal protection when necessary.
    1. The number of employees trained on the arc electrical safe work practices that relate to this Project.
    2. The number of tool box talks on worksite conditions will be tracked.
    3. Confirm that all sub-contractors conduct safety meetings to inform workers of all serious hazards and the controls, procedures, safe processes and/or PPE necessary to protect against them.
    4. Confirm that all sub-contractors comply with electrical safe work practice procedures (for such things as training and providing and using PPE) when working on live electrical equipment.

    The goals, strategies and performance measures above will be implemented to meet the following objectives of this Partnership:

    1. Reducing the number of at-risk conditions and behaviors that have the potential to result in workers fatalities, injury/illness.
    2. Reducing the number of injuries affecting participant contractors, emphasizing those resulting from the four primary construction hazards.
    3. Abating hazards (conditional and behavioral) identified from weekly safety and health inspections and having no repeat occurrences of such issues upon re-inspection.
    4. Reducing the Total Case Incidence Rate (TCIR) and Days Away, Restricted, and Transferred (DART) by 20 percent below the current national average for North American Industrial Classification System (NAICS) Code 236220, nonresidential building construction, based upon the Bureau of Labor Statistics (BLS) data available for the most current year. The 2009 BLS TCIR and DART rates for NAICS 236220 are 3.6 and 1.7, respectively.
  4. ANNUAL EVALUATION

    The partners will prepare a joint annual evaluation of the Partnership. The evaluation will review the success of the Partnership, lessons learned, and changes that will be made to meet the goals of the Partnership. The annual performance evaluation report format from Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002 will be used. Performance measures listed in the goals and objectives section of this agreement will be collected and analyzed to determine the Partnership's progress toward meeting its goals.

  5. OSP BENEFITS

    The following are benefits for Barr & Barr, Inc. and its sub-contractors when, and only when, they are working at the Project:

    1. A 12-month deletion from programmed inspection lists. This will occur after completion of an onsite enforcement inspection conducted by OSHA (See Verification Procedures below).
    2. Eligibility for the maximum good faith penalty reductions of 25%, except for willful, repeat, failure-to-abate violations and fatality investigations.
    3. No penalties for non-serious violations except for recordkeeping violations and failure to timely report fatalities.
    4. Technical assistance and training by OSHA.
    5. Special recognition, which may include but is not limited to press releases issued by OSHA and recognition on OSHA's web page designating Barr & Barr, Inc. as a participant in OSHA's Strategic Partnership Program.
  6. VERIFICATION PROCEDURES

    In accordance with OSHA's Clarification of Verification Exemption Policy for OSHA Strategic Partnership Program Construction Participants dated June 1, 2006, Barr & Barr Inc. and all construction subcontractors will receive a verification inspection as outlined below. The on-site enforcement verification inspections are conducted to determine participants' compliance with terms of this agreement. The first inspection will be conducted no later than sixty (60) days after Partnership participants formally enter into this agreement, which will cover the site work and concrete phase of the project. A second verification inspection will be conducted within 90 days of the construction of the buildings. Annual verification visits will be conducted on the anniversary of the Partnership signing. Citations and penalties may be issued, when appropriate, as a result of these inspections. During this period participants should develop and implement the safety and health management systems required under this agreement.

  7. OSP MANAGEMENT AND OPERATION

    A Partnership Management Team (PMT) with members from Barr & Barr, Inc. and OSHA will oversee and coordinate this Partnership. The team will determine Partnership procedures, which will include measures to be used and data to be collected, hold conference calls, and meet at least quarterly to evaluate the effectiveness of the Partnership. Barr & Barr, Inc. and SAO are responsible for collecting baseline and annual performance data upon which the OSPP will be measured. Barr & Barr, Inc.'s aggregate injury and illness incidence rates (total case rates) and fatality rates will be compared with the most current BLS published data to determine whether goals have been met.

    Barr & Barr, Inc. will establish the following:

    1. Weekly foremen's meetings - Barr & Barr, Inc. shall hold a weekly meeting with all sub-contractor foremen that shall include discussions of Project safety and health issues, as well as a review of JHAs for upcoming work activities. Barr & Barr, Inc. shall also hold a meeting with representatives of all active sub-contractors to discuss participant performance and progress toward Partnership goals. OSHA representatives are welcome to attend these meetings.
    2. Barr & Barr, Inc. shall assign a qualified safety and health representative to administer its safety and health program. This person will have, at a minimum, completed the OSHA 30-hour construction outreach course. (This representative may or may not be deemed a competent person by Barr & Barr, Inc.).
    3. Job Hazard Analysis (JHA) - Barr & Barr, Inc. shall conduct a comprehensive assessment of Project work and develop JHAs to eliminate or reduce hazards to which employees are potentially exposed.
    4. Project-specific safety and health guidelines - Barr & Barr, Inc. shall develop a Project-specific safety and health plan to be used as a benchmark for sub-contractor programs to meet or exceed. This plan shall incorporate the following minimum elements:
      1. 100% fall protection when employee exposure to falls is six feet or greater
      2. Mandatory use of Ground Fault Circuit Interrupters (GFCI) throughout the project
      3. Prior to use, all cranes, hoists, and personnel lifts (scissor/aerial) will be inspected and certified as safe
      4. Use of appropriate PPE
      5. Site-specific safety and health training to include the following:
        1. A review of the hazards of heat stress and effective methods to control it.
        2. A review of the hazards of texting while operating equipment and methods developed and implemented to ensure that workers do not perform texting while working onsite.
      6. Electrical safety program-Barr and Barr, Inc. and its subcontractors who are participating in this Partnership shall have an electrical safety program, which includes, but is not limited to, the following elements:
        1. All temporary electrical systems shall be installed and maintained in accordance with applicable OSHA regulations.
        2. A JHA of the job site addressing all electrical hazards and potential worker exposure shall be performed and documented.
        3. A job safety procedure shall be developed and documented for all tasks where there is the potential for employee exposure to an electrical hazard (or hazards).
        4. A policy of "no live work" shall be implemented and documented for work involving electrical systems on the job site.
        5. A policy for trouble shooting, voltage testing, and diagnostic work shall be implemented and documented.
        6. A lockout/tagout policy and procedures complying with all of the requirements of 29 CFR 1910.333(b)(2) shall be implemented and documented.
        7. Electrical safe work practice training including demonstrated proficiency in the following:
          1. electrical hazard identification and awareness;
          2. all applicable JHA and job safety procedures;
          3. a "no live work" policy;
          4. trouble shooting, voltage testing, and a diagnostic work policy;
          5. lockout/tagout policies and procedures;
          6. PPE.
      7. Weekly work site audits of areas where employees are working.
      8. An effective and fully developed hearing conservation program.
      9. Employee involvement.
      10. Management commitment.
    5. Recordkeeping - Barr & Barr, Inc. shall maintain a project OSHA 300 Log (or equivalent), per the requirements of 29 CFR 1904.

    Sub-contractors will establish the following:

    1. Weekly Task-Specific Instructions - All sub-contractors shall provide workers with instructions on the integration of safety and health requirements with current work tasks for the week. All sub-contractors shall allow an OSHA representative to attend any of these meetings, when requested by OSHA.
    2. Weekly Safety and Health Inspections - All sub-contractors shall conduct weekly inspections of their work areas to identify conditional and behavioral deficiencies, as defined by the project safety and health plan and OSHA standards. Deficiencies will be documented and corrected or reported to Barr & Barr, Inc. for corrective action.
    3. Recordkeeping - All sub-contractors shall record workplace injuries and illnesses as required by 29 CFR 1904 and shall report recordable incidents to Barr & Barr, Inc. for recording on the project OSHA 300 Log.

    OSHA's Role:

    1. Provide initial review of Barr & Barr, Inc., Project Safety and Health Plan. Develop recommendations where deficiencies or opportunities for improvement exist.
    2. Provide initial and continued review and evaluation of Barr & Barr, Inc. compliance with the Partnership.
    3. Provide feedback on incident trends and patterns as needed.
    4. Help Barr & Barr, Inc. insure that effective training is available and delivered, as needed. Participate in training as resources permit.
    5. Provide clarification of OSHA standards for Barr & Barr, Inc. and subcontractors. Provide input on compliance strategies.
    6. OSHA representatives will periodically attend site safety and health meetings.
    7. As resources permit, participate in non-enforcement worksite audits with Barr & Barr, Inc. representatives to provide recommendations and guidance
  8. EMPLOYEE AND EMPLOYER RIGHTS AND RESPONSIBILITIES

    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 the Act.

  9. TERMS OF OSP

    This Partnership will terminate at the conclusion of the work being performed at the Project. However, if OSHA or Barr & Barr, Inc. wishes to withdraw their participation prior to the established expiration date, the Partnership will be considered null and void upon receipt of a written notice of the intent to withdraw.

  10. SIGNATORIES

    Signed ________ day of ______________________________, 2012

 

 


  • Mary Hoye
  • Area Director
  • Springfield Area Office

 

 


  • Bob Passalacqua
  • Project Manager
  • Barr & Barr, Inc.

 

 


  • Steve Killian
  • Chief Operating Officer
  • Barr & Barr, Inc.

  • Rick Budnar
  • Project Superintendent
  • Barr & Barr, Inc.

 

 


  • Bill Aquadro
  • Project Executive
  • Barr & Barr, Inc.

 

 


  • James V. Manoli
  • Safety Director
  • Barr & Barr, Inc.

Appendix A to the Partnering Agreement

The following Barr & Barr, Inc. sub-contractors agree to support and abide by the terms and conditions of the Partnership Agreement. Any party signatory to this Agreement may terminate its involvement by providing Barr & Barr, Inc. written notice of its intent to withdraw.

 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


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