Partnership #884 - Agreement - March 13, 2017 | Occupational Safety and Health Administration

Partnership Agreement

General

Pittsburgh Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Mascaro Construction Company, L.P. (hereafter referred to as "Mascaro"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPTOWN DISTRICT ENERGY CENTER Project.

The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro, and trade contractors to foster a safe work environment for all UPTOWN DISTRICT ENERGY CENTER Project employees.

The Partnership calls for the UPTOWN DISTRICT ENERGY CENTER Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or its equivalent. OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and assist as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating contractors will voluntarily sign a pledge (Appendix B).

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between Mascaro, UPTOWN DISTRICT ENERGY CENTER Project Owner/Developer, or trade contractor, nor does its lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees' ability to exercise rights under the Occupational Safety and Health ("OSH") Act and OSHA regulations. This Partnership is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.
Identification of Partners

The following organizations are considered Partners:
- Occupational Safety and Health Administration, Pittsburgh Area Office (OSHA)
- Mascaro Construction Company, L.P.
The following organizations pledge to support the Partnership:
- Pittsburgh Regional Building Trades Council
- NRG
- Trade Contractors
NRG UPTOWN DISTRICT ENERGY CENTER Project Overview

Mascaro will be the General Contractor for the Construction of The NRG Uptown District Energy Center Project. The Uptown District Energy Center Project construction is anticipated to start on March 1, 2017 and be completed at the end of the second quarter of 2018. It is expected that 10-15 trade contractors will employ approximately 50 craft persons at peak construction. The owner is NRG Energy, whose address is 121 Champion Way, Suite 300, Canonsburg, Pa.

UPTOWN DISTRICT ENERGY CENTER Project highlights:

The work consists of the construction of a 16,000 SF Energy Center that will provide UPMC Mercy Hospital with Chilled Water, Steam and Emergency backup power, along with the routing of piping and two electrical duct banks up Stevenson St. to the tie in location at Mercy Hospital on Locust St. In addition the final phase will include roadwork (repair/replacement).
Partnership Goals, Strategies, Measures

Goal - The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro, and trade contractors to foster a safe work environment for all UPTOWN DISTRICT ENERGY CENTER Project employees as prescribed in this agreement.

Strategy - Implement and maintain a comprehensive site specific project safety plan (The UPTOWN DISTRICT ENERGY CENTER Project specific Site Health and Safety Plan or "SHSP" is included in Attachment #1 in the Partnership Agreement Packet).

Measure - The Partnership will use 4.3 as a baseline project DART rate, with the goal to further reduce this level annually by at least 3% for the duration of the Partnership.
OSP Management and Operation

Mascaro in association with U.S. Department of Labor/Occupation Safety and Health Administration - Pittsburgh Area Office will form a partnership committee to monitor the implementation of this Partnership. It will consist of a representative from each of the designated partners. The Compliance Assistance Specialist will serve 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.

Partner Roles and Responsibilities

OSHA agrees to:
1. Evaluate Mascaro's UPTOWN DISTRICT ENERGY CENTER Project Site Health and Safety Plan (Attachment 1) prior to and during the OSHA enforcement verification inspections using Appendix C (or equivalent) and to determine whether effective safety and health management systems are in place.
2. Designate an OSHA Compliance Assistance Specialist to serve as a resource and liaison person for the Partnership.
3. Meet with Mascaro quarterly to review UPTOWN DISTRICT ENERGY CENTER Project safety performance. Safety performance will be evaluated through review of trade contractors' OSHA 300 logs for the UPTOWN DISTRICT ENERGY CENTER Project and related accident reports.
4. Provide timely responses to requests for information and clarification of OSHA standards, as resources permit.
5. Provide information on OSHA training resources available.
Mascaro agrees to:
1. Provide a dedicated Site Safety Manager to serve as a safety resource and liaison person for the Partnership and to assist trade contractors with safety issues / concerns.
2. Provide notice to all trade contractors that the UPTOWN DISTRICT ENERGY CENTER Project is subject to this Partnership and include the Partnership Fact Sheet (Appendix A) in the UPTOWN DISTRICT ENERGY CENTER Project New Employee Safety Orientation.
3. Develop and implement the UPTOWN DISTRICT ENERGY CENTER Project Site Health and Safety Plan (Attachment 1).
4. Evaluate trade contractors' safety and health management systems utilizing Mascaro's Safety Evaluation (Attachment 2).
5. Notify the OSHA Pittsburgh Area Office of trade contractors that have completed Mascaro's Safety Evaluation and have pledged both support and cooperation to the Partnership (Appendix B).
6. Offer trade contractors safety and health information (i.e., toolbox safety meetings) with an emphasis on the focused four construction hazards (which are Falls; Caught-In or Between; Struck-By and Electrocutions).
7. Maintain UPTOWN DISTRICT ENERGY CENTER Project Safety Performance Report. Require all active trade contractors to submit an updated OSHA 300 Log for the UPTOWN DISTRICT ENERGY CENTER Project.
8. Meet with OSHA quarterly to review the safety performance of Mascaro and trade contractors and provide feedback on noted incident trends or patterns.
9. Coordinate safety related matters that pertain to site general conditions such as hazard communications, emergency response, installation and maintenance of building perimeter guardrail systems and housekeeping.
On-Site Enforcement Verification Inspections

In order to assist in measuring the success of this Partnership, an initial enforcement verification inspection will be conducted after the signing of this agreement, and annually thereafter. The enforcement verifications may be conducted as a focused inspection if the site meets the criteria outlined in OSHA's current enforcement guidelines. In addition to traditional enforcement issues, the inspection should assess the Partner's progress in meeting the requirements of the Partnership.

OSHA will provide timely responses to requests for information and clarification of OSHA standards, as resources permit.
OSHA Inspections

This Partnership provides for the timely response to each allegation of a safety or health hazard brought to each contractor's attention by any person. Upon a finding that an allegation is valid, the responsible trade contractor shall promptly abate the hazard.

OSHA agrees that a copy of each non-formal complaint related to the work at the site and filed with OSHA will be forwarded by fax or mail to the UPTOWN DISTRICT ENERGY CENTER Project site office. The identity of a complainant will be kept confidential and will not be revealed. Mascaro agrees to investigate these complaints and provide OSHA a written response.

OSHA personnel will continue to conduct investigations and inspections in any event or circumstance that may warrant the opening of an OSHA inspection, pursuant to the policy set forth in Field Operations Manual (FOM). These may include but are not limited to formal complaints, referrals, fatalities, catastrophes, or other accidents or significant events. OSHA will also investigate contractors whose employees are exposed to or are creating plain view hazards at the UPTOWN DISTRICT ENERGY CENTER Project. OSHA reserves the right to issue penalties for any violations, including regulatory violations for which mandatory penalties are established.
Incentives

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.
Worker and Employer Rights – Employee Involvement

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 rules and regulations adopted pursuant to the OSH Act. This Partnership recognizes employees bring valuable skills and perspective to the implementation of an effective site safety and health system. Employees on site will be encouraged and given opportunities to be involved in the site safety and health system. Employee involvement will include, but is not limited to, participation in self-audits, site inspections, job hazard analysis, safety and health management system reviews, safety training and accident/near miss reporting. Employee involvement will be included in the Safety and Health Management System Evaluation (Appendix C).
Safety and Health Management Systems

OSHA and Mascaro support the implementation of Safety and Health Management Systems, including the four main elements of Management Commitment/Employee Involvement, hazard identification, hazard correction/control and employee training. Mascaro commits to implementing a Safety and Health Management System (SHMS) at this partnership site as detailed in Appendix C.
Annual Evaluation

Partners will jointly prepare an annual evaluation of the Partnership using Appendix D. The evaluation will review the success of the Partnership, lessons learned, and changes that will be made to meet the goals of the Partnership. Annual evaluations will be submitted by the Partners to OSHA's Philadelphia Regional Office and then forwarded by the Philadelphia Regional Office to OSHA's Office of Partnership Programs in the National Office no later than 60 days after the signing anniversary date each year.
Termination

This Partnership will terminate three years from the date of the signing or upon completion of the UPTOWN DISTRICT ENERGY CENTER Project. If either Partner wishes to withdraw its participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.
Paperwork Reduction Act

OSHA Strategic Partnerships are part of OSHA's available voluntary cooperative programs. As per the Paperwork Reduction Act of 1995 (PRA OMB CONTROL NO. 1218-0244, expires March 31, 2019), the public reporting burden for this partnership's collection of information is estimated at 11 hours per participant, per year. If you have any comments regarding this collection of information, including suggestions for reducing the burden or revising the burden estimate, please direct them to:

Occupational Safety and Health Administration
Attention: Director, Office of Partnerships and Recognition
Directorate of Cooperative and State Programs
200 Constitution Avenue, NW - Room N3700
Washington, DC 20210

Signatures

United States Department of Labor
Occupational Safety & Health
Administration

Based on a mutual interest to protect construction workers, the below parties agree to the terms of the OSHA / Mascaro Partnership Agreement for the construction of The UPTOWN DISTRICT ENERGY CENTER Project.

Signed__________day of________________________________________, 2017

Partners:

Chris Robinson
Area Director
Pittsburgh Area Office
USDOL/OSHA

In Support of:

Richard Stanizzo
Business Representative
Pittsburgh Regional Building Trades Council

John Mascaro, Jr.
Chief Executive Officer
Mascaro Construction Company, L.P.

PARTNERSHIP FACT SHEET - APPENDIX A

Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Mascaro Incorporated (hereafter referred to as "Mascaro"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The UPTOWN DISTRICT ENERGY CENTER Project.

The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro, and trade contractors to foster a safe work environment for all UPTOWN DISTRICT ENERGY CENTER Project employees.

The agreement between Mascaro and OSHA calls for the UPTOWN DISTRICT ENERGY CENTER Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or its equivalent.

Under the Partnership, OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating contractors will voluntarily sign this pledge.

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between Mascaro, UPTOWN DISTRICT ENERGY CENTER Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees' ability to exercise rights under the OSH Act and OSHA regulation.

This agreement is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

PLEDGE - APPENDIX B

The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro, and trade contractors to foster a safe work environment for all UPTOWN DISTRICT ENERGY CENTER Project employees.

The agreement between Mascaro and OSHA calls for the UPTOWN DISTRICT ENERGY CENTER Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or equivalent.

OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, contractors will voluntarily sign this pledge.

This Partnership will not in any way affect employees' ability to exercise rights under the OSH Act and OSHA regulation.

Based on mutual interest to protect construction workers, the below party pledges both support and cooperation to the OSHA / Mascaro Partnership Agreement by following the Mascaro UPTOWN DISTRICT ENERGY CENTER Project Safety Plan.

Authorized Representative (print / type)

Signature

Title (print / type)

Company / Organization (print / type)

SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION - APPENDIX C

Mascaro and trade contractors have or will have implemented a comprehensive written UPTOWN DISTRICT ENERGY CENTER Project Safety Plan.
Mascaro have or will maintain copies of trade contractors' safety and health plans, hazard communication plans, and fall protection plans (where applicable) or Mascaro requires trade contractor to follow its safety plan.
Mascaro and trade contractors will have a full-time safety representative at the site or designate one on an as needed basis to conduct and document safety inspections of work, and who through training and experience, can recognize hazards, and has authority to take prompt corrective action. Minimum training required for a site safety representative is either the OSHA 10-Hour or 30-Hour Construction Safety Outreach Course, as specified in the UPTOWN DISTRICT ENERGY CENTER Project Safety Plan.
Mascaro and trade contractors have or will have trained field supervisory personnel and has provided additional training for competent persons in such areas as scaffolding, excavation, fall protection, crane operations, etc. (Additional training will be dictated by the type and scope of the work the trade contractor routinely conducts).
Mascaro have or will provide a safety and health management system orientation for all new workers, including hazard recognition specific to the work sites.
Mascaro and trade contractors will have employee involvement in the partnership. Examples including, but not limited to, participation in self-audits, site inspections, job hazard analysis, safety and health management system reviews, safety training and accident / near-miss investigations.
Mascaro and trade contractors will follow a six-foot fall protection policy.
Mascaro and trade contractors conduct and document weekly employee safety meetings.
Mascaro and its Subcontractors will conduct and documents self-audits.
Mascaro will utilize Predictive Solutions on the UPTOWN DISTRICT ENERGY CENTER Project.
Mascaro and trade contractors have a written enforcement program.

Appendix D

OSHA Strategic Partnership Program (OSPP) Annual Partnership
Activities Report and Evaluation

Partnership Name

Purpose of Partnership

Goal of Partnership
*Goal*	*Strategy*	*Measure*



Anticipated Outcomes

Strategic Management Plan Target Areas (check one)
Construction		Non-Construction
Strategic Management Plan Areas of Emphasis (check all applicable)
Amputations (Construction or General Industry)		Recordkeeping
Combustible Dust		Ship/Boat Building and Repair
Ergonomics/Musculoskeletal Disorders		Silica
Hazardous Chemical Exposures (Chromium, Lead)		Agriculture/Migrant Workers
Healthcare Industry Hazards		Diverse Workforce/Limited English Proficiency
Oil and Gas Field Services		Temporary Service Workers
Public Warehousing and Storage		Youth Workers
Federal Agency		Process Safety Management
Trenching/Excavation

Section 1 General Partnership Information

Date of Evaluation Report
Evaluation Period:
Start Date		End Date

Evaluation OSHA Contact Person
Originating Office

Partnership Coverage
# Active Employers		# Active Employees

Industry Coverage (note range or specific SIC and NAICS for each partner)
Partner	SIC	NAICS

Section 2 Activities Performed

Note whether an activity was provided for by the OSP and whether it was performed
	Required	Performed
a. Training
b. Consultation Visits
c. Safety and Health Management Systems Reviewed/Developed
d. Technical Assistance
e. OSHA Enforcement Verifications (OSHA will provide)
f. Off-site Verifications
g. On-site Non-Enforcement Verifications
h. Participant Self-Inspections
i. Field Sampling; Industrial Hygiene Monitoring
j. Other Activities

2a. Training (if performed, provide the following totals)
Training sessions conducted by OSHA staff
Training sessions conducted by non-OSHA staff
Workers trained
Training hours provided to workers
Supervisors/managers trained
Training hours provided to supervisors/managers
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2b. Consultation Visits (if performed, provide the following total)
Consultation visits to partner sites (OSHA Consultation Programs only)
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2c. Safety and Health Management Systems (if performed, provide the following total)
Systems implemented or improved using the 1989 Guidelines as a model
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2d. Technical Assistance (if performed, note type and provider)
	Provided by OSHA Staff	Provided by Partners	Provided by Other Party
Conference/Seminar Participation
Interpretation/Explanation of Standards or OSHA Policy
Abatement Assistance
Speeches
Other (specify)
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2e. OSHA Enforcement Activity (if performed), provide the following totals for any programmed, unprogrammed, and verification-related inspections)
OSHA enforcement inspections conducted
OSHA enforcement inspections in compliance
OSHA enforcement inspection with violations cited
Number of citations classified as Serious, Repeat, and Willful
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2f. Off-site Verification (if performed, provide the total)
Offsite verifications performed
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2g. On-site Non-Enforcement Verification (if performed, provide the total)
Onsite Non-Enforcement Verifications Performed
Comments/Explanations (briefly describe activities, or explain if activity is required for but not performed)

2h. Participant Self-Inspections (if performed, provide the totals)
Self-inspections performed
Hazards and/or violations identified and corrected/abated
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2i. Other Activities (briefly describe other activities performed)

Section 3 Illness and Injury Information

Year	Hours	Total Cases	TCIR	# of Days Away from Work Restricted and Transferred Activity Cases	DART



Total
Five- Year Rate
BLS Average for CY: (most current)
SIC:		NAICS:

Comments

Please use this text box to provide comparative and evaluative comments about the injury and illness rate experiences of the employer.

Section 4 Partnership Evaluation and Recommendations

In the section below please provide narrative regarding each question.

Changes and Challenges: During the evaluation period what observations were made regarding the issues faced by the partnership that need to be further evaluated to determine if changes to the structure, implementation or operation of the OSP are necessary going into the next evaluation period? Please address any areas where changes were made to the OSP or where challenges or impediments to reaching the goals were observed. The following is a list of information to be considered for this question: management structure, participants, data collection, worker involvement, OSHA enforcement inspections, OSP outreach, and training. Please do not limit your responses to those items if other areas need to be addressed.
Plans to Improve: During the evaluation period what observations were made regarding areas in which the OSP needs to improve in order to increase the chances of reaching and/or exceeding the OSP goals? The following is a list of information to be considered for this question: need to meet more often, need to improve data collection, need to conduct more training, and need to change the OSP goals. Please do not limit your responses to those items if other areas need to be addressed.
During the evaluation period what observations were made regarding how the partners are benefiting from their participation in the OSP? Additionally, how does OSHA's participation enhance the ability of the partners to reach the OSP goals? The following is a list of information to be considered for this question: increased safety and health awareness, improved relationship with OSHA, improved relationship with employers, and improved relationship with the workers or unions. Please do not limit your responses to those items if other areas need to be addressed.

Status Recommendations (check one)
Partnership Completed
Continue/Renew	Continue
Continue with the following provisions:

Terminate (provide explanation)