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OSHA

Strategic Partnership between
the Occupational Safety and Health
Administration's
Omaha Area Office
and
Holder Construction Group, LLC.
For the Oasis Data Center Project

Partnership


  1. Identification of Partners
    1. The Partners in this agreement will include the following:
      1. Occupational Safety and Health Administration, OSHA's Omaha, Nebraska Area Office
      2. Holder Construction Group, LLC.
      3. Project Subcontractors - Project subcontractors will be notified about this partnership via an official letter or email. 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, Holder Construction Group, LLC, 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 / Scope
    1. The Omaha Area Office of the Occupational Safety and Health Administration (OSHA); Holder Construction Group, LLC and project subcontractors recognize the need for a safe and healthy jobsite. The goal of this Partnership is to help ensure that the construction of the Oasis Data Center project will provide a safe work environment for all employees.
    2. The Oasis Data Center Project is an 183,000 square foot, Tier III+, data center located in Omaha, NE. Construction will consist of a Day 1 build out of 30,000 square feet of data hall space, chiller plant, supporting Mechanical, Electrical and Plumbing (MEP) rooms and administrative areas.
    3. This Partnership is designed to not only address hazards within the construction industry, but also promote and recognize those jobsites that have a demonstrated and effective safety and health program.
    4. Specifications and assignments within in this Partnership document do not relieve the contractors from or lessen their safety and health responsibilities nor change any of Holder Construction Group, LLC 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 incidents, injuries and illnesses on the project and zero fatalities.

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

    Goals Strategies Performance Measures
    Achieve a reduction of incidents, injuries and illnesses on the project; zero fatalities Implementation of comprehensive safety and health management systems 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 Bureau of Labor Statistics (BLS) published data for NAICS 2362 (Nonresidential Building Construction) for each year of the project. The 2012 BLS TCI, DART and DAFW Rates for NAICS 2362 are 3.2, 1.6, and 1.1, respectively, will be utilized as the baseline for the Partnership.
    Developing a contractor / government partnership that will encourage involvement of the subcontractors in the improvement of safety and health performance Require Holder Construction Group, LLC and all subcontractors to develop and implement written site specific safety and health programs (including a fall protection plan if applicable) Verify by reviewing the number of subcontractors that implement or improved written site specific safety programs
    Implementing innovative strategies to eliminate serious incidents, including the four primary construction hazards (falls, struck-by, caught-in, and electrical)
    1. Ensure subcontractor supervisors have received a copy of Holder Construction Group, LLC's subcontractor safety and health policies and the information has been disseminated down to its employees.
    2. Require 10-hour OSHA training for all employees (see b.-ii below under Program Implementation Strategies).
    3. Implement and enforce an ongoing site safety audit program (to include weekly site walk through).
    4. Perform daily pre-task safety planning by all crews on the job site.
    5. Perform incident investigation and root cause analysis for any OSHA recordable and near miss incidents.
    Document the number of employees trained and the training hours received (including 10 & 30 hour courses and other specific safety training); document the number of hazards identified and abated during the safety audits; track all injuries and illnesses; The number of innovative strategies or approaches to training, including orientation training, will be tracked and provided by the individual site contractors, and provided to Holder Construction Group, LLC
    Provide for worker involvement Provide worker involvement in weekly site safety meetings; critical work area safety audits; and Job Hazard Analysis (JHA) creation; Provide for an opportunity for worker suggestions Document the number of workers involved in weekly site safety meetings; work area safety audits; and JHA's
  5. The overall success of the Partnership will be measured as follows:
    1. The total TCIR, DART, and DAFW Rates will be compared to the most current published Bureau of Labor (BLS) National Average rates for nonresidential building construction (NAICS 2362), with zero fatalities. The BLS 2012 rates for NAICS 2362 are 3.2, 1.6, and 1.1, respectively for TCIR, DART, and DAFW, which will serve as the baseline for the Partnership.
    2. Documented jobsite inspections and observations, with an emphasis on hazard identification and remediation (and tracking the total number of hazards identified and corrected).
    3. Records of training certifications / training rosters will be maintained on file by Holder Construction Group, LLC. The reports will consist of the total number of people trained, which may include, but not 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, through the number of plans implemented and/or improved and as measured by injury/illness records and near misses.
    5. Safety and Health Programs will be maintained on file by Holder Construction Group, LLC' s site superintendent. Reports are to be made at least once every 60 days concerning the general effectiveness of the safety and health programs and copied to the OSHA Omaha Area Office for review.
  6. Annual Evaluation

    At least once every 60 days, the Executive Safety Committee comprised of Holder Construction Group, LLC safety representatives and a representative(s) from OSHA Omaha Area Office shall meet and discuss the program and make any modifications as required to continually improve the Partnership. When an OSHA representative attends these meetings, the meeting will serve as an on-site non-enforcement verification visit by OSHA. 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 SCP 03-02-003. This data will be provided to the OSHA Omaha Area Office.

  7. OSHA Strategic Partnership (OSP) Benefits / Incentives

    The Partnership includes the following benefits:

    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 the most current OSHA CPL 02-00-150 - Field Operations Manual (FOM). In the event that the FOM is revised, OSHA shall provide such revised FOM provisions to Holder Construction Group, LLC and the most current FOM will be utilized.
    2. Priority will be given to "phone and fax" investigations of all informal safety and health complaints in lieu of on-site inspections.
    3. Other-than-serious violations observed during an OSHA visit shall not be cited if immediately abated during the inspection.
    4. This Partnership requires frequent inspections of the worksite by Holder Construction Group, LLC and subcontractors 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.
    5. The Partnership creates a working relationship between OSHA and Holder Construction Group, LLC.
  8. OSHA Verification
    1. OSHA will continue to investigate fatalities and catastrophes should they occur at the jobsite as well as alleged "imminent" danger situations per the FOM. In the event that the FOM is revised, the most current FOM will be utilized.
    2. OSHA will continue to investigate complaints and referrals received in accordance with OSHA Instruction CPL 02-00-150, Chapter 9, Complaint and Referral Processing and, if required, will be inspected according to procedures contained in the most current Field Operations Manual (FOM).
    3. OSHA will complete at least one focused "monitoring" (on-site enforcement) inspection each year during the term of the Partnership. These inspections will follow the most current FOM and 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 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. On-site non-enforcement verification visits will be performed by OSHA representatives, by their participation in the regularly scheduled Executive Safety Committee meetings (as outlined in Section V of this agreement.)
    5. Holder Construction Group, LLC will permit OSHA immediate access for any inspection to be made pursuant to Section VII paragraphs a. b. and c. above, and will not require an inspection warrant for any such inspection.
  9. OSP Management and Operation

    Each subcontractor will designate at least one representative to attend the project pre-activity meetings before continuation of major operations of work. The Project Manager and / or Assistant Project Manager with Holder Construction Group, LLC 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 meetings (See Table in Section III, under Worker Involvement). 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:

    Holder Construction Group, LLC.

    Holder Construction Group, LLC is assigned the lead role in the administration of the project specific safety and health program. Holder will ensure the implementation of the following:

    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 subcontractor
      5. Require subcontractor(s) to implement an appropriate Disciplinary Program
    2. All subcontractors should have an effective safety and health program in place, and a copy of their company's written safety and health program shall be submitted and approved by Holder Construction Group, LLC. Subcontractors, who do not have their own written safety and health program, will be referred to a qualified independent safety service to develop and submit a program.
    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 established Project safety rules and regulations.
    4. Provide a Superintendent / Manager who will have as a part of their job description a responsibility for site safety, to serve as a point of contact and to assist the Safety Directors in overseeing the Partnership goals.
    5. Conduct and document critical work area inspections at least 1 time per week. These inspections are in addition to the documented monthly project safety inspection conducted by the superintendent, and the general, non-documented inspections that should occur daily. These frequent jobsite inspections will utilize “SafetyNet”, which is the web based system developed by Predictive Solutions. This system provides comprehensive coverage and documentation over a wide variety of site conditions. Provide a copy of the documented inspections of subcontractors' work areas to the subcontractor(s) working in each respected area, and shared with all affected employees. Documentation will include the hazards identified and dates corrected or to be corrected.
    6. Review applicable incident reports with the Safety Representative (subcontractor supervisors) including first aid and near miss reports.
    7. Ensure employees receive training as follows:
      1. All subcontractor employees will be advised of the requirements within Holder's site specific safety & health plan from their supervisor. This information covers jobsite safety and health issues and procedures relative to the work being performed. All employees will attend a safety review or site orientation meeting with their respective subcontractor before performing work on-site.
      2. All personnel engaged in construction activities should have completed the OSHA 10 hour course for the construction industry (or its equivalent) prior to commencement of work on-site. Safety training will be offered/provided to those employees that don't have training, including refresher training. This training includes: OSHA 10 hour; Fall Protection; Excavations; and Scaffolds.
      3. First Aid-CPR Site personnel designated as safety representatives shall, at a minimum, have completed the OSHA 30 hour construction training course (or equivalent). The project field engineer and superintendent on-site shall, as a minimum, have completed / working towards the completion of 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.
      4. Other hazard-specific training will be conducted on an as needed basis by the respective contractor.
      5. Conduct and retain summary documentation of weekly toolbox talks/safety meetings.
    8. Implement an aggressive Fall Protection Plan to include fall protection in all cases where work is being performed six (6) feet or more above a lower surface. 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 incident / injury data. Subcontractor EMR data will be made available to OSHA upon request.
    12. In addition to OSHA's notification requirements, Holder Construction Group, LLC will notify the local OSHA area office of safety and health related events which are likely to generate public attention 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 Holder's Site Specific Safety & Health plan prior to working 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 Holder Construction Group, LLC Safety Directors.
    2. Conduct daily non-documented safety inspections of their work area and operations. In addition to daily non-documented inspections, subcontractors shall participate in the weekly critical work area documented inspection completed by Holder Construction Group, LLC when applicable. This will allow specific subcontractor employees to participate in the weekly documented work area inspection process, increasing employee's hazard awareness. Findings and abatement based on weekly documented inspections will be communicated to applicable supervisors on-site, and shared with applicable employees.
    3. Conduct and document jobsite safety meetings / toolbox talks and make them available to Holder Construction Group, LLC or OSHA upon request.
    4. When applicable, participate with Holder Construction Group, LLC at the weekly critical work area safety inspections, and if non-compliant activity or hazards are discovered the affected contractor shall promptly abate the conditions. Holder Construction Group, LLC shall verify the hazards or unsafe conditions have been corrected. All findings and abatement of conditions will be communicated to all applicable employees in the work area.
    5. Will be verbally notified of hazards or unsafe conditions observed during the weekly critical work area inspections conducted by Holder Construction Group, LLC of their respective areas.
    6. Ensure that its employees receive information from Holder Construction Group, LLC's Site Safety & Health Plan 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

    Holder Construction Group, LLC will require the following General Provisions for all Contractors working On-Site

    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 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 exists, the subcontractor will conduct air monitoring to assess employee exposure levels when deemed necessary.
    3. Ground Fault Circuit Interrupters (GFCI) shall be used throughout the project.
    4. No loads shall be lifted overhead without clearing the path to deliver materials, equipment and personnel.
    5. All of the requirements in the OSHA trench and excavation standards (Subpart P in 29 CFR 1926) shall be enforced.
    6. Proper guardrails shall be present on all scaffolding 6 feet or greater.
    7. All workers, management and visitors shall wear mandatory Personal Protective Equipment, which is at a minimum, hard hat and safety eye wear.
    8. Cranes: Holder Construction Group, LLC and all subcontractors shall provide trained and authorized operators. All cranes shall have documentation of receiving an annual inspection by a qualified third party. Daily pre-shift inspections shall be documented and made available upon request.
    9. Functional back-up alarms and fire extinguishers shall be present on all motorized equipment.
    10. Seatbelts shall be worn at all times when operating or riding in motorized equipment, including vehicles.
    11. Daily equipment inspections will be conducted by machine operators prior to start of work.
    12. Weekly Toolbox Talks shall be held for all employees on-site and attendance is mandatory. These meetings will provide all employees with an open forum to discuss safety issues or concerns with Holder Construction Group, LLC and other contractors on the project.
    13. Subcontractors shall be required to attend the pre-activity meetings before major operations of work take place. Discussion shall include, but not 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 the start of the work activity and whenever new employees begin work on-site.
    14. Aerial Lift: Proper Fall Prevention equipment shall be worn while inside the operator's basket. At minimum, a harness and a Self-Retracting Lifeline (SRL) or a 3-foot lanyard is required.

    OSHA

    1. OSHA Compliance Assistance Personnel from the Omaha 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 for safety or health related issues.
    3. OSHA will ensure that the Partnership is evaluated at least once every 60 days and will include data used to monitor the success of the Partnership efforts. At least once every 60 days, Holder Construction Group, LLC Safety Directors, subcontractors' representatives, and OSHA representative shall meet (serving as an on-site non-enforcement verification visit) 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.
  10. Employee and Employer Rights and Responsibilities

    This Partnership does not preclude employees 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.

  11. Term of OSP
    1. This agreement shall be in effect until the 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 Holder Construction Group, LLC.
    2. Should either of the principal participants (OSHA or Holder Construction Group, LLC.) elect to withdraw from the 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 Holder Construction Group, LLC are the only entities that can terminate this Partnership.
  12. Signatures

    The date of this OSHA Omaha Area Office/ Holder Construction Group, LLC Partnership Agreement is Tuesday, September 09, 2014.

 


  • Bonita Winingham, Area Director
  • OSHA Omaha Area Office

 


  • Jorge Cisneros, Corporate Safety Director,
  • Holder Construction Group, LLC
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