OSHA Strategic Partnership Program<< Back to Region VII


  1. Identification of Partners

    1. The Partners in this agreement will include the following:

      1. Occupational Safety and Health Administration, OSHA's St. Louis, MO. Area Office
      2. Fred Weber, Inc.
      3. Project Subcontractors - All subcontractors that work on this project are considered Partners, and all contracts with subcontractors that are not already executed will incorporate this OSHA partnership into their respective agreements. If contracts with subcontractors have already been executed, Fred Weber, Inc. will attempt to incorporate this OSHA partnership into their respective agreements with a subcontractor change order which will include a provision acknowledging the subcontractor's obligations under this partnership agreement.
  2. Purpose/Scopes

    1. The St. Louis Area Office of the Occupational Safety and Health Administration (OSHA); Fred Weber, Inc.; and project subcontractors recognize the need for a safe and healthy jobsite. The goal of this partnership agreement is to help ensure that the construction of Rte. 141 south of Ladue Boulevard to Olive Boulevard Project (Rte. 141 Project) will provide a safe work environment for all employees.
    2. The Rte. 141 Project is a combination project. Job J6U0807 includes grading, paving, bridges, and sound walls for relocating Rte. 141. The total length of improvement is 2.2 miles. Job J6U0807D includes MSD sewer relocation work to relocate Rte. 141. The total length of improvement is 0.4 miles.
    3. This Partnership is designed to not only address hazards within the construction industry, but also to promote and recognize those jobsites that have a demonstrated and effective safety and health program.
    4. Fred Weber, Inc. in its General Contractor role will seek to encourage all Sub Contractors to promote a diversified work force. Minority participation will be tracked throughout the project as follows:
      1. 6.9% Females
      2. 14.7% Minorities
      3. 20% DBE participation
    5. 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 Fred Weber, Inc. or any of Fred Weber, Inc. subcontractor(s), 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

    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 overall goal for this Partnership Agreement is to achieve a reduction of accidents, injuries and illnesses on the project and zero fatalities.

    Goals

    Strategies

    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 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 if applicable to the subcontractor’s work)

    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. Require 10-hour OSHA training for employees. (see B.2. below under Program Implementation of Strategies);
    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 involvement

    Provide worker involvement in weekly site safety meetings; site safety walkarounds; Job Hazard Analyses (JHAs)

    Document the number of workers involved in weekly site safety meetings; site safety walkarounds; and JHAs


    Program Implementation of Strategies:

    1. 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.
    2. Ensure employees receive training as follows:

      1. All employees will receive site specific safety indoctrination from Fred Weber, Inc. covering jobsite safety and health issues and procedures relative to the work being performed. All employees will attend a safety review meeting with their respective Subcontractor before performing work on the site.
      2. All personnel engaged in construction activities shall have completed the OSHA 10 hour course for the construction industry (or its equivalent) prior to commencement of work on-site. Site personnel designated as safety representatives shall, as a minimum, have completed the OSHA 10 hour construction training course (or its equivalent). The project field engineer and superintendent on site shall, as a minimum, have completed the OSHA 30 hour construction training course (or its equivalent). Records of training certification will be maintained and available for review by OSHA upon request.
      3. Other hazard-specific training will be conducted on an as needed basis by the respective contractors.

    3. Implement an aggressive Fall Protection Plan to include fall protection in all cases where work is being performed six feet or more above a lower surface.
    4. Require all subcontractors who have written safety and health programs to submit them to Fred Weber, Inc. before the start of work. Subcontractors who do not have their own written safety and health plan have the option of adopting the safety and health program of their prime contractor, developing one utilizing services provided by other Partnership Members, or secure the services of an outside consulting firm. This must be completed and submitted to Fred Weber, Inc. before beginning work on-site. All subcontractors shall have an effective safety program in place.
    5. The St. Louis Area OSHA Office may be contacted for clarification on health related issues.
    6. Create a working relationship between OSHA and the other Partnership Members.
    The overall success of the Partnership will be measured as follows:

    1. The total TCIR, DART and DAFW Rates below the average for construction (NAICS 2373) nationally based on the BLS 2008 (or most current) published TCIR of 5.3, DART of 2.9 and DAFW Rate of 1.8.
    2. Documented jobsite inspections and total number of hazards identified and corrected.
    3. Records of training certifications/training rosters will be maintained on file by Fred Weber, Inc. Report of the total number of people trained. These may include, but not be limited to, OSHA 10 and 30 hour courses as well as other hazard specific training.
    4. Evaluation of the effectiveness of the Fall Protection Plan.
    5. Safety and Health Programs will be maintained on file by Fred Weber, Inc. Reports are to be made quarterly concerning the general effectiveness of the safety and health programs and copied to the St. Louis Area OSHA office for review.
  4. Annual Evaluation

    On a quarterly basis, the Executive Safety Committee comprised of Fred Weber, Inc. Project Executive and Vice President of Safety, and a representative(s) 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. 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.

  5. OSHA Strategic Partnership (OSP) Benefits/Incentives

    The following partnership benefits 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" safety and health complaints in lieu of on-site inspections.
    3. Upon successful completion of an OSHA on-site enforcement verification inspection (meaning no high gravity serious, willful or repeat hazards are cited), as outlined in Section VI, the site will be exempted from programmed OSHA inspections until the next semi-annual inspection.
    4. Other-than-serious violations observed during an OSHA visit shall not be cited if immediately abated.
    5. This Partnership requires frequent inspections of the worksite by Fred Weber, Inc., 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 jobsite. It also encourages a higher level of participation in the safety process by involving everyone on the jobsite. The knowledge gained from this Partnership will be applied to reduce injuries and illnesses at future work sites
  6. OSHA Verification

    1. OSHA will continue to investigate fatalities and catastrophes should they occur at the jobsite as well as alleged "imminent" danger situations.
    2. OSHA will continue to investigate complaints and referrals 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 (Fred Weber, Inc.) will permit OSHA immediate access 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.
  7. OSP Management and Operation


  8. Each Subcontractor will designate at least one representative to attend the project pre-activity meeting before major operations of work. The Project Executive for Fred Weber, Inc. or his designee will oversee the meeting and all participants will evaluate the progress of the Partnership. The representatives will review the completed and summarized inspections of the site as part of the weekly 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. Safety representatives will meet the criteria to participate as outlined below:

    Fred Weber, Inc.

    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
      5. Require Subcontractor(s) to implement an appropriate Disciplinary Program
    2. Refer Subcontractors who have not developed their own safety and health program to a qualified independent safety consultant.
    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 sanctions to enforce compliance with the established Project safety rules and regulations.
    4. Provide a Project Superintendent / Manager who will have as part of their job description a responsibility for site safety, to serve as a point of contact and to assist the Vice President of Safety in overseeing the partnership goals.
    5. Conduct and document job site inspections at least 1 time per week. These inspections are in addition to the general, non-documented inspections that should occur daily. Provide a copy of the documented inspections of Subcontractors' work areas to the Subcontractor(s) working in each respected area. Documentation will include the hazards identified and dates corrected utilizing Fred Weber, Inc.'s ESH Walkthrough report form.
    6. Review accident reports weekly with the Safety Representatives including first aid and near miss reports.
    7. Conduct and retain summary documentation of weekly toolbox talks.
    8. Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
    9. Compile injury and illness data and provide to OSHA.
    10. Provide signage identifying the site as an OSHA Partnership Project.
    11. Maintain accident/injury data. Subcontractor EMR data will be made available to OSHA upon request.
    12. In addition to OSHA's notification requirements, Fred Weber, Inc. will notify the local OSHA area 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.
    13. Ensure that subcontractors receive Fred Weber, Inc.'s Sub Contractor Safety & Health Program prior to commencing work on site.
    Subcontractors:

    1. Appoint an on-site person to act as a safety representative to resolve jobsite safety matters and be the liaison to Fred Weber, Inc. Vice President of Safety.
    2. Conduct daily non-documented safety inspections of their work area and operations. In addition to daily non-documented inspections, subcontractors will be rotated into participating in the weekly documented inspection completed by Fred Weber, Inc. This will allow specific subcontractor employees 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 weekly documented inspections will be communicated to all employees on site.
    3. Participate in jobsite safety meetings with Fred Weber, Inc. and make them available to OSHA upon request.
    4. Participate with Fred Weber, Inc. at the weekly on-site safety inspections and if non-compliant activity or hazards are discovered, the affected contractor shall promptly abate the conditions and provide written documentation to Fred Weber, Inc. that the unsafe condition has been corrected. All findings and abatement of conditions will be communicated to all employees on site.
    5. Will receive a copy of all the jobsite inspections conducted by Fred Weber, Inc. of their respective areas, and retain for Safety Representative meetings.
    6. Ensure that its employees receive information from Fred Weber, Inc.'s Sub Contractor Safety & Health Program prior to commencing work on site.
    7. Cooperate and participate in all respects with OSHA's involvement with this project including any required meetings, inspections, training and documentation.
    General Provisions for all Contractors working on the Jobsite:

    1. 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 6 feet or greater above a lower level. This includes but is not limited to steel erection, roofing, and scaffold operations, even though it may exceed OSHA requirements.
    2. Where airborne silica exposure exists, require the use of wet cutting techniques and/or dust collection systems in addition to the appropriate use of approved respiratory protection where warranted. Personal air monitoring will be conducted by Subcontractors to assess employee exposure levels when required. 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 finishing) exists, the Subcontractor will conduct air monitoring to assess employee exposure levels when deemed necessary.
    3. Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
    4. No loads shall be lifted overhead without clearing the path to delivery of materials, equipment and personnel.
    5. OSHA required trench and excavation protection shall be enforced.
    6. Proper guardrails will be present on all scaffolding 6 feet or greater.
    7. All workers, management and visitors shall wear hardhats at all times when on site. (Exception shall be in the isolated on site project office)
    8. Cranes: Fred Weber, Inc. and all Subcontractors shall provide proof of crane operator training and perform an operation/load test before any crane is put into use.
    9. Functioning back-up alarms and fire extinguishers shall be present on all motorized equipment.
    10. Daily equipment inspections will be conducted by machine operators prior to start of work.
    11. Weekly Toolbox Talks will be held for all employees onsite and attendance is mandatory. These meetings will provide all employees with an open forum to discuss safety issues or concerns with Fred Weber, Inc. and other contractors on the site.
    12. Subcontractors will be required to attend the pre-activity meetings before major operations of work take place. Discussion shall include, but not be limited to, the work to be performed, associated hazards, controls to be implemented to mitigate or reduce employee exposure. The information discussed at these meetings is required to be shared with their employees prior to start of the work activity and whenever new employees begin work on site.
    OSHA

    1. OSHA Compliance Assistance Personnel from the St. Louis Area Office may assist the Partnership with off-site safety and health training.
    2. OSHA will give priority to the site when technical assistance is requested.
    3. OSHA will ensure that the Partnership is evaluated quarterly and will include data used to monitor the success of the Partnership efforts. On a quarterly basis, the Vice President of Safety for Fred Weber, Inc. or his designee, Subcontractors' representatives, an OSHA representative shall meet and discuss the program and make modifications as required to continually improve the Partnership.
    4. OSHA will participate in the review of Partnership company safety and health programs, with Subcontractors as needed, and provide technical assistance and recommendations for improvement.
    5. 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 major construction activities, except that the power of termination, on the condition of thirty (30) days prior written notice to the other party, is expressly reserved to either or both of the principal participants, OSHA and Fred Weber, Inc.
    2. Should either of the principal participants (OSHA or Fred Weber, Inc.) elect to withdraw from participation in the Partnership prior notification in writing of the intent to terminate shall be given to the other Party. 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. Termination by either Party shall constitute a cancellation of the Partnership. In the event of a termination, each party agrees that it shall not, directly or indirectly, contact the media regarding the termination; and it shall not discuss with the media any issues or matters regarding the termination. OSHA and Fred Weber, Inc. are the only entities that can terminate this Partnership.
  11. 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 Fred Weber,
    Inc. / OSHA Partnering Agreement for the Rte. 141 south of
    Ladue Boulevard to Olive Boulevard Project.

    Signed this 31st day of August, 2010.
    Principal Participants:



     


    William McDonald
    Area Director
    Occupational Safety and Health Administration
    St. Louis Area Office



     


    Douglas K. Weible
    President & COO
    Fred Weber, Inc.



     


    Christopher L. Gottman
    Vice President - Construction Services
    Fred Weber, Inc.



     


    Jason G. Bish
    Vice President - Safety
    Fred Weber, Inc.