Strategic Partnership Between
Black & Veatch Construction, Inc.
The Occupational Safety and Health Administration
Oregon Clean Energy Center In Oregon, Ohio
- IDENTIFICATION OF PARTNERS
Black & Veatch Construction, Inc. (Black & Veatch) and the Toledo Area Office of the Occupational Safety and Health Administration (OSHA) recognize the importance of providing a safe and healthful work environment for employees engaged in the construction industry. This OSHA Strategic Partnership Agreement (OSP) at the Oregon Clean Energy Center project in Oregon, Ohio, will facilitate the goals of the Occupational Safety and Health Administration (OSHA) to reduce occupational-related fatalities and serious injuries and illnesses within the construction industry.
Black & Veatch Construction, Inc., which was founded in 1915 and currently has over 100 offices worldwide, is a global leader in engineering, consulting and large project construction. The company has begun construction of an 800 MW combined cycle power station in Oregon, Ohio. The $860 million Oregon Clean Energy Center project is expected to generate approximately 500 construction jobs during the project, through completion which is estimated for June 2017. All contractors and their subcontractors that work on this project will be considered Partners. The activity level required to complete this project on schedule will call for complete compliance and cooperation efforts by all parties to ensure this project has a safe and healthful work environment at all times.
The groups listed below have developed this OSHA Partnership Agreement jointly with a common objective to provide a safe and healthy environment for all employees at the Oregon Clean Energy Center worksite. It is the intent of this agreement to focus their combined expertise and knowledge to promote safety and health, and to encourage all workers on site to do their part in doing the same.
- Black & Veatch Construction, Inc.
- Power Plant Management Services, LLC
- AZCO, Inc.
- Mosser Construction Company
- Geo. Gradel Co.
- Evaptech, Inc.
- Patterson Horth
- Siemens Energy, Inc.
- The Northwest Ohio Building Trades Council
- International Brotherhood of Electrical Workers, Local 8
- Laborers International Union of North America, Local 500
- United Association of Plumbers and Pipefitters, Local 50
- Carpenters Local 351
- Cement Masons and Plasterers, Local 886
- Millwright Pile Drivers Union, Local 1090
- International Union of Painters and Allied Trades, Local 7
- International Association of Iron Workers, Local 55
- International Union of Operating Engineers, Local 18
- International Association of Sheet Metal Workers, Local 33
- International Brotherhood of Boilermakers, Local 85
- International Association of Insulators, Local 45
- U.S. Department of Labor/Occupational Safety and Health Administration - Toledo Area Office
The purpose of this Partnership is to provide a safe and healthful work environment for employees involved in the construction industry. Black & Veatch is committed to preventing serious incidents and fatalities during the construction of the Oregon Clean Energy Center through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.
The overall goal of the partnership is to create a working relationship that focuses on preventing work-related fatalities, eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. Specific responsibilities for contractor compliance and involvement in the partnership for compliance, site audits, partnership improvements and evaluations of partnership modifications and achievements are delineated in Section X. of this document. Responsibilities are delineated for Black & Veatch and all other contractors on site, OSHA, and Trade Unions.
GOALS STRATEGIES MEASURES 1) Maintain a project-wide injury and illness rate which is 50% below the 2013 BLS Total Recordable Case (TRC) rate and Days Away from Work, Restricted or Transfer (DART) rate for the industry. Establish proactive measures for the common hazards found at construction sites.
- Provide all necessary engineering controls, administrative controls and personal protective equipment.
- Provide a comprehensive Job Site Safety Orientation for all workers prior to allowing them to work on site
- Implement a job site wide hazard analysis to assure all anticipated hazards that can be engineered out are addressed, create administrative controls/procedures to cover those that cannot be engineered out and complete a personal protective equipment assessment.
Black & Veatch will collect and calculate the following injury and illness data on a monthly basis for comparison to the national average:
- Total Recordable Case rate (TCR)
- Days Away / Restricted or Transfer rate (DART)
Black & Veatch will compare the sites (TCR) and (DART) with the 2013 BLS data published (TCR) rate of 2.7 and a (DART) rate of 1.5 for (General Contractors) NAICS Code 2362.
2) Promote a cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.
- Conduct weekly toolbox safety meetings.
- Keep an open door safety policy and encourage hazard reporting.
- Conduct hazard analysis during Pre-Task Safety Planning.
- Ensure worker participation (all crafts represented) in the onsite safety and health committee.
- Minutes of tool box meeting will be used to track and document attendance.
- Course rosters/sign-ins to be used to track the number of employees receiving training.
- Track incoming safety issues, suggestion forms and complaints and their resolution.
3) Identify and prevent the most common causes of workplace injuries and illnesses in the construction industry, included but not limited to: falls, electrical safety, struck-by, caught in/between, trenching/excavations, cranes, crystalline silica, carbon monoxide, heat stress, and noise.
- Provide weekly toolbox safety meetings.
- Implement a six foot fall protection rule.
- Conduct site audits and daily site walk through.
- Site safety personnel will conduct daily, weekly and monthly audits to ensure that the most common hazards are addressed.
- OSHA representatives will be present for quarterly site safety audits and to meet with the safety and health committee on site.
- OSHA log 300 will be used to track the number of work-related injuries and illnesses.
- Near miss tracking forms will be utilized to track near misses on the site.
- Injuries, illnesses and near misses will be categorized based on type of hazard and trends will be analyzed in the annual review.
4) One hundred percent (100%) of contractors and subcontractors to have site-specific comprehensive written safety and health programs.
- Written safety and health programs will be required for all contractors, subcontractors and tier-subcontractors.
Black & Veatch will require review and maintain copies of all contractors', subcontractors', and tier-subcontractors' safety and health programs, and will ensure that 100% of contractors and subcontractors have effective SHMS. 5) Develop and implement a model heat stress/cold stress program that can be shared among all partners at the site, and nationwide.
- Black & Veatch, other contractors on site, OSHA and Union representatives will collaborate to develop and implement this program.
- Employees will be trained on the program, and signs/symptoms of heat and cold related illnesses.
- The number of employees affected by this program, including the number of employees having been trained on this program will be tracked.
- This model program and any success stories generated from it, will be made available to OSHA for consideration in sharing with the construction industry nationwide, and an analysis will be provided with the annual evaluation.
6) Develop and implement a program to support employees to obtain the Safety Trained Supervisor (STS) certification through the Board of Certified Safety Professionals (BCSP).
- Black & Veatch will provide study material and assistance to employees interested in taking the certification exam to earn the STS designation.
Black & Veatch will track the number of employees who take the exam for the STS designation and the number of employees who pass the exam and obtain their certification. 7) Support OSHA's Fall Protection Initiative to further the industry's awareness of fall hazards in the workplace.
- Black & Veatch and all on-site contractors will participate in OSHA's annual National stand- down to prevent falls in construction event until the project is completed. Black & Veatch and all on-site contractors will print and display OSHA's National safety stand-down poster in locations where employees are working and inside their on-site trailers.
Black & Veatch, along with their contractors will use OSHA's "Join the National Safety Stand-Down" webpage to sign-up for the event, provide information about their stand down activity and complete the survey. In addition, Black & Veatch, along with their contractors will provide the Toledo Area Office the number of employees that were participants, with the goal being 95% participation with all employees on site.
- SAFETY AND HEALTH MANAGEMENT SYSTEMS
The Safety and Health Management System (SHMS) is a critical part of this OSHA Partnership Agreement in that it is an important aspect of collaboration between the project management team, supervisors, and the workers on site. The SHMS will enhance the partnership through collaboration of all parties on site, and increased communication among parties, to impact worker safety and health. Examples of interactions between Black & Veatch and subcontractors through their SHMS will be incorporated in the annual evaluation. This Safety and Health Management System will include but not be limited to the following core elements:
Leadership / Management Roles
Black & Veatch will implement a Safety and Health Management System patterned after OSHA Safety and Health Program Management Guidelines that will encourage partnering employers to commit a high level of worker involvement to assist in monitoring and identifying job site hazards on a continual basis to prevent accidents. The Safety and Health Management System will be implemented at the initiation of the partnership and continue to be implemented during the entire duration of the partnership.
The workers will be encouraged to report job site hazards and bring all potential hazards to the attention of Black & Veatch and/or supervisors if discovered for immediate response and correction. This will be encouraged in the following ways:
- Black & Veatch will hold a Job Site Safety Orientation with each worker prior to work on site.
- Black & Veatch will provide a system to allow workers to report potential job site hazards to Black & Veatch, all other contractors, and/or supervisors upon discovery to stop work if necessary.
- Black & Veatch and all other contractors will require all workers to attend weekly tool box talks.
- Black & Veatch and all other contractors will participate in monthly safety audits and provide all subcontractors on site with a copy of the safety audit reports for use in discussion with workers during tool box talks.
This project will focus on safety at all times and Black & Veatch will enforce job site safety compliance to OSHA standards including but not limited the following ways:
- Black & Veatch will conduct daily site inspections and review all subcontractors, workers and site conditions for safe practices.
- Black & Veatch and all other contractors involved will take immediate action to correct any unsafe conditions.
- Black & Veatch will continually monitor all workers, visitors and others entering the work site to ensure safe conditions throughout the worksite.
Hazard Prevention and Control
Black & Veatch considers Hazard Prevention and Control a process requiring continual efforts of monitoring and identifying job site hazards and taking corrective actions to maintain a safe and healthy job site at all times.
- Black & Veatch will ensure that hazard correction procedures are in place.
- Black & Veatch and all other contractors involved will ensure that everyone knows how to use and maintain personal protective equipment.
- Black & Veatch and all other contractors involved will make sure that everyone understands and follows safe work procedures.
Safety and Health Training
- Black & Veatch and all other contractors involved will ensure only properly authorized and instructed employees are permitted to do any job.
- Black & Veatch and all other contractors involved will ensure workers do not do a job that appears to be unsafe.
- Black & Veatch and all other contractors involved will ensure that supervisors are trained to recognize both health and safety hazards associated with their line of work, and understand their responsibilities.
- WORKER INVOLVEMENT
- Black & Veatch and all other contractors involved will ensure workers and/or their representatives are involved with daily and monthly site inspections.
- Black & Veatch and all other contractors involved will ensure workers and/or their representatives participate in monthly safety and health committee meetings, as well as report any near miss or unsafe conditions.
- Black & Veatch and all other contractors involved will provide support to all workers and/or their representatives by providing feedback on risks and assisting them in eliminating hazards.
- PERFORMANCE MEASURES
Performance measures as outlined in Paragraph III will be used to assess the effectiveness of the Partnership. Black & Veatch will collect and track data for the performance measures and share the information with OSHA and other partners. Specific measures will include: TCR and DART rate evaluations; numbers of employees trained; numbers of safety suggestions, hazards corrected, and complaints resolved; number of weekly and monthly safety and health audits conducted; number of subcontractor SHMSs programs evaluated; number of employees taking the STS exam; number of employees passing the STS exam; and, the number of employees participating in the annual Fall Stand Down event.
The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format measurement system, as specified in Appendix C of OSHA Directive CSP 03-02-003.
It will be the responsibility of Black & Veatch, in conjunction with other contractors on site, to collect required data to evaluate and track the overall results and successes of the Partnership program. This data will be shared with OSHA and other partners as necessary.
OSHA will conduct, write and submit the annual evaluation with input received from the partners.
- VERIFICATION PROCEDURES
OSHA will conduct one unannounced enforcement verification inspection each year for the term of the project. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to complaints, Local/National Emphasis Programs, or referrals will qualify as the enforcement verification inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite. These inspections include the potential for issuing citations and assessing penalties for violations. In the case that an enforcement activity is not generated during a calendar year, a verification visit will be conducted to ensure that the partnership and SHMS are being effectively implemented.
All contractors on site will remain subject to OSHA inspections and investigations in accordance with agency procedures.
OSHA's Field Operations Manual details opportunities available during citation/case settlement for all employers who undergo onsite enforcement inspections. These opportunities are also available for partnering companies participating in OSHA's Strategic Partnership Program.
- OSP MANAGEMENT AND OPERATION
Black & Veatch in association with other contractors on site, the U.S. Department of Labor/Occupational Safety and Health Administration - Toledo Area Office, and all listed Unions will form a partnership committee to monitor the implementation of this Agreement. It will consist of a representative from each of the designated partners. Black & Veatch will serve as the chairperson and as OSHA's primary contact. The Committee will review contractor compliance and involvement in the partnership, analyze job site audits, make partnership improvements, and evaluate partnership modifications, achievements, and success.
Black & Veatch, in conjunction with all other contractors onsite, will:
- Implement their company's comprehensive safety and health programs, which includes:
- Management commitment and employee involvement;
- Hazard analysis; and
- Hazard control.
- Mentor subcontractors who have not yet developed their own safety and health program and, if necessary, refer them to OSHA and/or On-Site Consultation for assistance.
- Enforce 100% fall protection for all fall hazards over six (6) feet, including steel erection activities.
- Share the responsibility for overseeing site safety, to serve as a point of contact, and to oversee the partnership goals.
- Conduct daily safety audits.
- Ensure that all subcontractors participate in job-site safety meetings/toolbox talks on a weekly basis and document all attendance and topics.
- Submit monthly accident reports to the Partners, including first aid, injury, property damage, and near-miss reports.
- Coordinate and conduct a comprehensive site audit on a monthly basis. OSP Partners and subcontractor representatives, with the exception of OSHA, will participate in the site safety audit. If non-compliant activity or hazards are discovered, immediate correction is required. Black & Veatch and all other contractors involved will document the corrective action taken, and share this information during the quarterly update meetings.
- Allow OSHA access to the site during inspection activities (programmed and un-programmed activities such as fatalities, referrals, and employee complaints).
- Audit the partnership and make recommendations for improvement.
- Share and make available to all workers, job-site inspections and investigation of near-misses and incidents.
- Require the use of appropriate personal protective equipment by everyone entering the work site. Appropriate personal protective equipment will include leather work shoes / boots (dress shoes, tennis shoes and any other types of shoes are not allowed on site), ANSI approved hardhats, eye protection and high-visibility reflective vests or clothing as a minimum, will be worn at all times on the worksite.
- Participate in the Safety and Health Committee meetings and the monthly site audit inspections on a quarterly basis.
- Designate a Toledo Area Office contact to be used as a resource for technical issues, and will be available to assist with safety and health training/tool box meetings.
- Review Black & Veatch safety and health self-audits.
Trade Unions will:
- Appoint a representative to the Safety and Health Committee.
- Represent all Unions affiliated with the work trade scopes of this project.
- Assist in trade jurisdiction and work requirements and offer additional OSHA certified safety training to their respective Union members.
- Assist in planning and implementation of all safety and health management systems.
- Implement their company's comprehensive safety and health programs, which includes:
- WORKER AND EMPLOYER RIGHTS
This partnership does not preclude employees and/or employers from exercising any rights provided under the OSHA Act, nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.
- OSP TERM
This agreement will terminate on December 1, 2017, or at the completion of construction activities if that occurs sooner. If any signatory of this agreement wishes to terminate its participation prior to the established termination date, written notice of the intent to terminate must be provided to all other signatories.
If OSHA chooses to terminate its participation in the partnership, the entire agreement is terminated.
Changes to the Partnership Agreement may be implemented in writing if all parties are in agreement that it is in true best interest of all members involved.
United States Department of Labor
Occupational Safety & Health Administration
Based upon a mutual interest to protect construction workers, the parties below agree to the above terms on the Black & Veatch Construction, Inc. /OSHA Partnering Agreement for the Oregon Clean Energy Center project in Oregon, Ohio.
Signed this 16th day of October, 2015
Kimberly Nelson, Area Director
OSHA - Toledo Area Office
Brad Warn, Vice President & Director
Black & Veatch Construction, Inc.
Fred Barber, President
Power Plant Management Services, LLC
Mark Prenzlin, Safety Director
Mosser Construction Company
Greg White, Project Manager
Geo. Gradel Co.
Tony Bates, Project Manager
David Flathmann, Site Manager
Siemens Energy, Inc.
David Fleetwood, Business Manager
Laborers International Union of North
America, Local 500
Shaun Enright, Business Manager
The Northwest Ohio Building Trades
Joe Blaze III, Business Manager
International Association of Iron Workers, Local 55
Joe Cousino, Business Manager
International Brotherhood of Electrical
Workers, Local 8
Scott Lopez, Business Manager
United Association of Plumbers and Pipefitters,
Tim Timmons, Business Manager
International Brotherhood of Boilermakers
Mark Felgner, Business Manager
International Association of Insulators, Local 45
Mike Gibson, Business Representative
Carpenters, Local 351
Ken Vierling, Sr., Business Manager
Cement Masons and Plasterers,
E.J. Scheiderer, Business Representative
Millwright Pile Drivers Union
Jaimie Peppers, Business Manager
International Union of Painters and Allied Trades
Richard E. Dalton, Business Manager
International Union of Operating Engineers
Chris Monaghan, Business Representative
International Association of Sheet
Metal Workers, Local 33