OSHA Strategic Partnership Program<< Back to Region VII

  1. Identification of Partners

    1. The Partners in this agreement are the following:

      1. Clayco/Legacy Mo Bap 1, LLC
      2. Murphy Company
      3. Sachs Electric
      4. Project Subcontractors
      5. OSHA – St Louis Area Office

    2. The following pledge support for the partnership:

      1. Missouri Baptist Medical Center - Owner
      2. Hellmuth, Obata & Kassabaum, Inc. - Architect
      3. KJWW Engineering Consultants – Mechanical Engineer of Record
      4. Associated General Contractors of St Louis
      5. Carpenters District Council of Greater St. Louis and Vicinity
      6. St. Louis Building Trades Council
      7. Eastern Missouri Laborers' District Council
      8. International Brotherhood of Electrical Workers Local One
      9. Plumbers and Pipefitters Local #562
      10. Sheet Metal Workers' Local #36

  2. Purpose/Scopes

    1. The St. Louis Area Office of the Occupational Safety and Health Administration, (OSHA), Clayco/Legacy Mo Bap 1, LLC, Murphy, Sachs Electric, project subcontractors, and labor organizations recognize the need for a safe and healthy jobsite and are entering into this partnership agreement to ensure the Missouri Baptist Medical Center will be a safe work environment for all employees.
    2. This Partnership is designed not only to address the hazards within the construction industry, but also to promote and recognize jobsites that demonstrate an effective safety and health program.
    3. This document will serve to establish a cooperative effort in ensuring safety and maintaining an open line of communication between OSHA, Clayco/Legacy, Murphy, Sachs, project subcontractors and labor organizations on this project.
    4. Clayco/Legacy in its Construction Management role will seek to encourage all Prime Contractors and tiered subcontractors to promote a diversified work force. Minority participation will be tracked throughout the project.
    5. This project will encompass the construction of a new 8 level tower addition and a new 4 level parking garage at the Missouri Baptist Medical Center campus located at 3015 North Ballas Road in Town and Country, Missouri.
    6. Specifications and assignments within this partnership document do not relieve the contractors from or lessen their safety and health responsibilities nor change any contractual obligations between Clayco/Legacy, Murphy, Sachs, and the Project Owner or any of the project subcontractors. Nor does it lessen any/all affirmative defenses, legal rights or due process afforded contractors with respect to Agency enforcement action.
  3. Goals/Strategies and Performance Measures

    1. 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 promote effective safety management, training, job hazard recognition, hazard controls, self inspection practices, abatement efforts, accountability measures and cooperative attitudes among all partners resulting in the reduction/elimination of accidents, injuries and illnesses on the project.



    Performance Measures   

    Achieve a reduction of accidents, injuries and illnesses on the project; 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 compared with the most current BLS published data

    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
    3. Implement and enforce an ongoing site safety audit program (to include weekly site walk through).

    Document the number of 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/union representation involvement

    Provide worker/union representation involvement in weekly site safety meetings; site safety walkarounds

    Document the number of workers/union representatives involved in weekly site safety meetings; and site safety walkarounds

  4. Program Implementation of Strategies:

    1. Clayco/Legacy is being assigned the lead role in the administering of the project specific safety program for the Missouri Baptist Medical Center Project.
    2. As a goal, the elimination of work related injuries from improper planning and execution by ensuring key job hazards are identified and controlled.
    3. Work scope planning will take into consideration any exposures that the construction activity may create for the hospital patients, visitors and staff.
    4. Housekeeping initiatives will be introduced to maintain orderly storage of materials and removal of workplace trash and debris:

      1. Eating, drinking and consumption of food products will only be allowed within designated controlled areas of the project site.
      2. All trash and waste shall be removed and placed in appropriate provided receptacles.
      3. Adequate number of trash containers will be provided and maintained throughout the floors and areas of construction.
      4. Clayco/Legacy has adopted a continuous clean-up strategy whereby contractors are to remove construction debris closely following work activity. Nails and screws are to be bent over or retracted following form stripping operations.
      5. Access to work areas, ladders, stairs, buck hoist, and storage areas are to remain free and clear of obstructions.
      6. Weekly "All Hands on Deck" meetings will be established where all project personnel will participate in a job-wide clean-up effort.
      7. Methods to control dust will be employed by contractors whenever possible (e.g. Wet/dry vacuums, misting, damp wiping, covering / tarping of materials, dust reducing sweeping compounds, etc…)
      8. Spills and loose materials that pose potential slip hazards are to be cleaned up immediately.
      9. Tools and materials are to be brought and stored only when they are needed and removed from site when no longer required.
      10. Loose materials are to be contained, stacked, racked and otherwise kept in an orderly condition.
      11. Flammable storage cabinets are to be provided by contractors for all aerosols, and flammable liquids maintained within the building structure (Most job/tool boxes are not approved for this use).

    5. Establishment of a proactive fall protection program with a target of Zero fall accidents. Fall protection will be planned and implemented for work six feet or more above a lower surface. In efforts to further manage fall exposures a Guardrail Removal Permit and Hole Cover Removal Permit program is being implemented.
    6. Partners will seek to establish a Zero incident mentality on the project whereby it is understood that nearly all accidents are linked to human decision making and therefore preventable when the proper considerations, assessments, controls and decisions are made. Such attitudes and efforts will achieve accident and injury rates below the latest published Bureau of Labor Statistics (BLS) national average for non-residential construction (NAICS code 2362), with the 2008 BLS TCIR of 4.4, DART Rate of 2.2, and DAFW Rate of 1.4.
    7. Employee training:

      1. All of Clayco/Legacy's, Murphy's and Sachs Electric's employees and the employees of their respective subcontractors will receive a site-specific safety orientation from Clayco/Legacy covering jobsite safety and health issues and procedures relative to the work being performed. A copy of the Project Safety and Health Work Rules will be provided and signature pages maintained on file.
      2. Daily pre-task hazard prevention planning will be conducted with crews by their respected superintendent or foreman. This planning, hazard recognition, and determination of controls will be documented daily on Job Hazard Analysis (JHA) forms. These JHA's will be periodically audited by the Clayco/Legacy management and project safety staff. Copy of these records will be maintained in the project trailer.
      3. Weekly safety meetings will be held by each contractor and a copy maintained in the Clayco/Legacy project trailer.
      4. Periodic job-wide safety meetings will be held and documented. Various guest speakers including OSHA, AGC, Manufacturer Reps, Vendors, and Contractor Supervision and Safety Personnel will be invited to participate.
      5. Superintendents and site personnel designated as safety representatives shall, at a minimum, have completed the OSHA 30 hour construction outreach training course (or its equivalent). Foremen, field supervisory personnel, and those acting in the capacity as a competent person shall have completed the OSHA 10 hour construction outreach training course for the construction industry (or its equivalent). Training is to be completed prior to commencement of work on-site. Records of training will be maintained and available for review by OSHA upon request.
      6. H1N1 awareness and prevention control.
      7. Safety posters, signage and handouts.
      8. Site Specific Infection Control Training for employees engaged in work within the active hospital premises.
      9. Other hazard-specific training will be conducted on an as-needed basis by the respective contractors.

    8. A proactive integrated project safety inspection protocol will be implemented to increase reporting of hazards and near-miss incidents.
    9. All Prime Contractors and subcontractors shall have an effective safety program in place and a copy of their company's written safety and health programs submitted to Clayco/Legacy 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/Legacy, develop one by utilizing services provided by other Partnership Members, or secure the services of an outside consulting firm. These programs in addition to the Site Specific Safety Plan established for the Missouri Baptist Medical Center Project will establish policy guidelines and behavioral expectations for the project.
    10. Another goal of the Partnership is to create a working relationship between the St Louis Area OSHA and the other Partnership members. OSHA's technical resources capability may facilitate greater understanding of issues and enhance effective prevention and control efforts.
    11. Develop a Project Safety Committee with participation from both project management and labor (employees and/or union representatives) to review safety goals and objectives, audit safety performance of contractors, address the effectiveness of the project safety program, and make recommendations to improve on identified weakness in the system.
    12. Minority owned subcontractors in need of developing a quality safety program will be able to take advantage of the help offered through Paragraph IV.I. above. In addition, this Partnership Agreement brings together organizations that are willing to share with them their knowledge and expertise in developing and promoting of a positive Safety Culture.
  5. Annual Evaluation

    The partnership will be evaluated annually utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002. This data will be provided to the OSHA Area Office.

  6. OSP Benefits/Incentives

    1. This Partnership requires frequent inspections of the worksite by Clayco/Legacy, Subcontractors and other members of the Partnership to identify and correct hazards. It 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.
    2. The benefits of this partnership include:
      1. In the event that a company performing work at the site is cited by OSHA for a violation occurring at the site, a maximum penalty reduction for good faith will be provided, in accordance with CPL 02-00-148 - Field Operations Manual (FOM).
      2. Priority will be given to "phone and fax" investigations of all complaints in lieu of on-site inspections.
      3. Upon successful completion of an OSHA "monitoring" inspection (meaning no high gravity serious, willful or repeat hazards are cited), as outlined in the VII.C. of this agreement, the site will be exempted from programmed OSHA inspections until the next semi-annual inspection.
      4. Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is immediately abated.
  7. OSHA Verification

    1. OSHA will continue to investigate fatalities and catastrophes that occur at the jobsite as well as alleged "imminent" danger situations.
    2. 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 Field Operations Manual (FOM).
    3. OSHA will complete at least two focused "monitoring" (onsite enforcement) inspections each year during the term of the partnership. These inspections will follow the "Focused Inspection" protocol {Memorandum from James W. Stanley, "Guidance to Compliance Officers for Focused Inspections in the Construction Industry", dated August 22, 1994 (Revision 2 issued September 20, 1995 and incorporated herein)} addressing hazards related to falls, struck by, caught-in, and electrical hazards. Inspections conducted in response to complaints, Local and/or National Emphasis Programs (LEP/NEP), or referrals will qualify as the monitoring inspection if, in addition to addressing the complaint/LEP/NEP/referral item(s), the compliance officer completes the focused inspection protocol for the worksite.
    4. The general contractor (Clayco) will permit OSHA immediate access for inspection for any inspection to be made pursuant to Section VII paragraphs A, B, and C and will not require an inspection warrant for any such inspection.
  8. OSP Management and Operation

    1. 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/Legacy's Project Executive and Safety Manager, appointed Murphy Management, appointed Sachs Management, Missouri Baptist Medical Center 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.
    2. Each Prime Contractor and their respective Subcontractors with 10 or more employees will designate at least one representative to attend an on-site safety review committee meeting. The Safety Manager for Clayco/Legacy 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, abatement and 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:

      1. Clayco/Legacy:
        1. Implement a comprehensive safety and health program, which includes:
          1. Management commitment and employee involvement
          2. Worksite analysis
          3. Hazard control
          4. Arrange for training assistance for Subcontractors and their Sub-tier Contractors on-site.
          5. Require Subcontractor(s) to implement an appropriate Disciplinary Program for safety rule violations.
        2. Refer Subcontractors who have not developed their own safety and health program to a qualified resource for assistance.
        3. 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.
        4. 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 (other than roofing work within a properly erected six foot perimeter warning line system), and other leading edge construction operations even when it may exceed OSHA requirements.
        5. Where airborne silica exposure exists, 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.
        6. Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
        7. Require functioning back-up alarms on all heavy duty motorized construction vehicles.
        8. Enforce 100% tagline policy with the lifting of all crane loads.
        9. Enforce OSHA-required trench and excavation protection.
        10. Require guardrails or fall protection on all scaffolding over six feet.
        11. Require all workers, management and visitors to wear hardhats, safety glasses and high visibility vests or clothing at all times while on site. (Exception shall be inside the isolated on-site management offices or designated break areas.)
        12. 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/Legacy before crane operation is permitted on the worksite.
        13. Provide a Project Superintendent/Labor Representative Liaison, who will as part of their job description a responsibility for site safety, serve as a point of contact and to assist the Safety Manager in overseeing the partnership goals.
        14. Multiple weekly site safety inspections will be documented by project management, site supervision, and project safety management.
        15. Review quarterly accident reports with the Safety Committee including first aid and near miss reports.
        16. Conduct and retain summary documentation of weekly toolbox talks.
        17. Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
        18. Compile injury and illness data and make the data compilations available to all Partners/Contractors.
        19. Provide signage identifying the site as an OSHA Partnership Project as well as signage indicating Lost Time Incidents.
        20. Maintain accident/injury data. Subcontractor's Experience Modification Rates (EMR) will be made available to OSHA upon request.
        21. In addition to OSHA's notification requirements, Clayco/Legacy 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.
      2. Subcontractors:
        1. Appoint an on-site person to act as a labor representative to resolve jobsite safety matters and be the liaison to the Clayco/Legacy Safety Manager.
        2. 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. This will allow specific subcontractor employees/union representation to participate in the weekly documented inspection process, increasing hazard awareness for not only their work operations but all work operations being performed on site. Findings and abatement based on the weekly documented inspections will be communicated to all employees/union representatives on site.
        3. Conduct and document jobsite safety meetings and make them available to Clayco/Legacy, all employees/union representatives on site and OSHA upon request.
        4. Participate with Clayco/Legacy 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/Legacy within 24 hours that the unsafe condition has been corrected. All findings and abatement of conditions will be communicated to all employees/union representatives on site.
        5. Will receive a copy of all reports of job site inspections for their respective areas.
      3. OSHA:
        1. OSHA may participate in the quarterly Safety Committee meetings but will not participate in the weekly walk-around inspections.
        2. Personnel from the St Louis Area OSHA Office may aid with on-site and off-site safety and health training.
        3. OSHA will give priority to the Site when technical assistance is needed.
        4. OSHA will audit the quarterly reports and make recommendations for improvement in meeting the Partnership Goals.
        5. OSHA will review Partnership company safety and health programs, along with Subcontractors as necessary, and provide technical assistance and recommendations for improvement.
        6. OSHA will provide national statistics covering all areas of standards enforcement for distribution to the Partners.
  9. 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."

  10. Term of OSP

    1. This agreement shall be in effect until completion of the Site and Building construction activities, but not to extend past April 30, 2014.
    2. Should any of the principal participants (OSHA, Clayco/Legacy, Murphy, or Sachs) elect to withdraw from the Partnership, prior notification in writing of the intent to terminate shall be given to the other Parties. A thirty (30) day written notice is required prior to termination, during which the parties have an opportunity to resolve any issues to avoid termination. Withdrawal by any of the Prime Contractors shall constitute a cancellation of the Partnership. In the event of a termination, all parties agree not to contact, directly or indirectly, the media regarding the termination; and they shall not discuss with the media any issues or matters regarding the termination.
  11. United States Department of Labor
    Occupational Safety & Health Administration

    United States Department of Labor
    Occupational Safety & Health

    Based upon a mutual interest to protect construction workers in the Bi-State area, the principle participants below agree to the above terms of the Clayco/Legacy, Murphy, Sachs, OSHA Partnership Agreement for the Missouri Baptist Medical Center Project.

    Signed this 13th day of August, 2010.
    Principal Participants:


    Bill McDonald, Area Director
    Occupational Safety & Health Administration
    St. Louis Area Office


    Russ Burns, President
    Clayco, Inc (J.V. Partner)


    Todd Weaver, President
    Legacy Building Group (J.V. Partner)


    (Authorized Representative)
    Murphy Company


    (Authorized Representative)
    Sachs Electric

    The following Pledge both support and cooperation to the partnership:


    (Authorized Representative)
    Hellmuth, Obata, & Kassabaum, Inc.


    (Authorized Representative)
    KJWW Engineering Consultants


    (Authorized Representative)
    Missouri Baptist Medical Center


    (Authorized Representative)


    (Authorized Representative)
    Associated General Contractors
    of St. Louis


    (Authorized Representative)
    Carpenters' District Council of
    Greater St. Louis and Vicinity


    (Authorized Representative)
    St. Louis Building and Construction
    Trades Council


    (Authorized Representative)
    Eastern Missouri Laborers'
    District Council


    (Authorized Representative)
    International Brotherhood of Electrical
    Workers Local One


    (Authorized Representative)
    Sheet Metal Workers' Local #36


    (Authorized Representative)
    Plumbers and Pipefitters
    Local #562


    (Authorized Representative)