Partnership #942 - Agreement - April 17, 2019


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Partnership Agreement


  1. General

    Pittsburgh Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Mascaro Barton Malow, a joint venture, have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC Mercy Vision Center Building and Garage (hereafter referred to as "Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro Barton Malow, and trade contractors to foster a safe work environment for all project employees.

    The Partnership calls for the 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, lessen their safety responsibilities, nor change any contractual obligations between Mascaro Barton Malow, 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 Occupational Safety and Health ("OSH") Act and OSHA regulations. The 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.

  2. Identification of Partners

    The following organizations are considered Partners:

    • Occupational Safety and Health Administration, Pittsburgh Area Office (OSHA)
    • Mascaro Barton Malow

    The following organizations pledge to support the Partnership:

    • Pittsburgh Building & Construction Trades Council
    • UPMC
    • Trade Contractors
  3. Project Overview

    Project construction started February of 2019 with completion set for March of 2022. It is expected that 20-30 union trade contractors will employ approximately 400-450 craft persons at peak construction.

    Project details include:

    Owner:
    UPMC Mercy
    1400 Locust St.
    Pittsburgh, PA 15219

    Project highlights:

     

    Major components of the work will include: site construction, excavation work, rebar installation, concrete foundations, pre-cast concrete erection, cast-in-place concrete, structural steel and metal work, electrical, masonry, mechanical/plumbing, glazing, and roofing.

    • New Vision Center building for Mercy hospital
    • Construction cost $365,000,000
    • 850,000 sq. Feet
    • 11 tower floors, 6 low rise podium floors, with 2 levels of underground parking under main building
    • (1) bridge connecting the Vision Center to the UPMC Mercy hospital
    • (1) parking garage – 8 level parking garage.
  4. Partnership Goals, Strategies, Measures

    The primary objective of this Partnership is to create a working relationship that focuses on preventing work-related injuries and fatalities, controlling or eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. The goals employed to achieve these results will include the following:

    These tables are best viewed on tablets, notebooks, or desktop computer screens.

    Goal Strategy Measures/Products
    1. Reduce the total number of injury and illness cases, thereby providing a safer and healthier work environment for workers at the Project.
    1. Review the OSHA 300 data of all project contractors.
    2. Calculate the Project's Days Away From Work, Restricted, Or Job Transferred (DART) rate
    3. Partners will meet quarterly to review injury and illness statistics and work together to resolve workplace safety and health issues and reduce injury and illnesses.
    1. The Partnership baseline DART rate is established at 4.3
    2. Reduce the DART rate by 3 percent annually.
    2. Control workplace hazards by assisting contractors with the implementation of an effective Safety and Health Management (SHMS) systems.
    1. Mascaro Barton Malow will conduct evaluations of each trade contractor's SHMS in accordance with Appendix C.
    2. Mascaro Barton Malow will conduct Safe Construction training for trade contractor supervision.
    The Partners will meet quarterly to review:
    1. The number of trade contractors that have completed Mascaro Barton Malow safety evaluation and have pledged both support and cooperation to the Partnership.
    2. The number of trade contractor supervisors who have participated Safe Construction training.
    3. Conduct effective self-inspections, and assist trade contractors with training resources and technical assistance in areas where workers might be exposed to hazards.
    1. Mascaro Barton Malow will document all self-inspections, the number of hazards corrected, and safety training conducted by trade contractors for workers on the Project.
    The Partners will meet quarterly to review:
    1. The number of self-inspections performed, the number of hazards identified and corrected.
    2. The number of training sessions conducted and the number of training hours provided for workers and supervision.
    4. Develop a working relationship with OSHA to maintain a continuing dialogue that supports various safety and health campaigns/initiatives.
    1. Mascaro Barton Malow and all on-site participating contractors will hold an annual event to support the OSHA National Fall Prevention Safety Stand-Down until the Project is completed. Mascaro Barton Malow and all participating trade contractors will display a stand-down poster (provided by Pittsburgh Area Office) on site.
    2. Mascaro Barton Malow and all on-site participating trade contractors will hold an annual event to support the NUCA Trench Safety Stand-Down until the Project is completed. Mascaro Barton Malow and all participating trade contractors will display the stand-down poster on the site.
    3. Mascaro Barton Malow and all on-site participating trade contractors will participate in the NIOSH/OSHA annual Heat Stress Prevention campaign until the Project is completed. Mascaro Barton Malow and all participating trade contractors will use the OSHA/NIOSH Heat Safety Tool App and display Heat Stress Prevention posters (provided by Pittsburgh Area Office) on site.
    4. Mascaro Barton Malow and all on-site participating trade contractors will participate in the Region III Focus Four Campaign.
    The Partners will meet quarterly to verify and/or review:
    1. The use OSHA's "National Fall Safety Stand-Down" webpage to log their event, provide information about their stand down activity and complete the survey.
    2. The use NUCA's "National Trench Safety Stand-Down" webpage to log the event(s), provide information about their stand down activity and complete the survey.
    3. The number of workers trained on the annual Heat Stress Prevention "Water, Rest, Shade" campaigns.
    4. The number of workers trained in each safety talk that is associated with the Region III Focus Four Campaign.
  5. Partnership Management and Operation

    Mascaro Barton Malow in association with U.S. Department of Labor/Occupational Safety and Health Administration – Pittsburgh Area Office will form a committee to monitor the implementation of this Partnership. It will consist of a representative from each of the 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 successes.

    Partnership Roles and Responsibilities

    OSHA agrees to:

    1. Evaluate Mascaro Barton Malow Project Safety Plan (Attachment 1) prior to and during the OSHA enforcement verification inspections using Appendix C (or equivalent) and to determine whether effective SHMS 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 Barton Malow quarterly to review project safety performance. Safety performance will be evaluated through review of trade contractors' OSHA 300 logs for the Project and related accident reports.
    4. Provide timely response to requests for information and clarification of OSHA standards, as resources permit.
    5. Provide information on OSHA training resources available.

    Mascaro Barton Malow 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 Project is subject to this Partnership and include the Partnership Fact Sheet (Appendix A) in the Project New Worker Safety Orientation.
    3. Develop and implement the Project Safety Plan (Attachment 1).
    4. Evaluate trade contractors' SHMS utilizing Mascaro Barton Malow Safety Evaluation (Attachment 2).
    5. Notify the OSHA Pittsburgh Area Office of trade contractors that have completed Mascaro Barton Malow 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) especially on the focused four construction hazards (which are Falls; Caught-In or Between; Struck-By and Electrocutions).
    7. Maintain Project safety performance report. Require all active trade contractors to submit an updated OSHA 300 Log for the Project.
    8. Meet with OSHA quarterly to review the safety performance of Mascaro Barton Malow 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.
  6. 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 Partnership, 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 will assess the Partner's and participating contractors' progress in meeting the requirements of the Partnership.

  7. 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 Project and filed with OSHA will be forwarded by fax or mail to the Project office. In accordance with applicable law, the identity of a complainant requesting confidentiality will not be revealed. Mascaro Barton Malow agrees to investigate these complaints regardless of the contractor involved and provide OSHA with a written response within five working days of receiving the non-formal complaint/referral.

    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 Project. OSHA reserves the right to issue citations and penalties for violations including but not limited to regulatory violations for which mandatory penalties are established.

  8. 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 participating contractors.

  9. 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, SHMS reviews, safety training and accident/near miss reporting. Employee involvement will be included in the SHMS evaluation (Appendix C).

  10. Safety and Health Management Systems (SHMS)

    OSHA and Mascaro Barton Malow support the implementation of Safety and Health Management Systems (SHMS), including the four main elements of management commitment/employee involvement, hazard identification, hazard correction/control and employee training. Mascaro Barton Malow commits to implementing a SHMS at this Partnership site as detailed in Appendix C.

  11. Annual Evaluation

    The Partners will jointly prepare and 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 Pittsburgh Regional Office no later than 45 days after the signing anniversary date each year.

  12. Termination

    This Partnership will terminate three years from the date of the signing or upon completion of the 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.

  13. 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 Partnership for the construction of the UPMC Mercy Vision Center.

      Signed ______day of________________________________, 2019

       

      Partners:

       


      • Christopher Robinson
      • Area Director
      • Pittsburgh Area Office
      • USDOL/OSHA

       


      • John Mascaro Jr.
      • Chief Executive Officer
      • Mascaro Barton Malow

       

      In Support of:

       


      • (Name)
      • (Position/Title)
      • Pittsburgh Building & Construction Trades Council

     

     

    PARTNERSHIP FACT SHEET - APPENDIX A

    Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Mascaro Barton Malow, have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC Mercy Vision Center (hereafter referred to as "Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro Barton Malow, and trade contractors to foster a safe work environment for all project employees as described in this Partnership.

    The Partnership between Mascaro Barton Malow and OSHA calls for the 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 other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, 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 Barton Malow, Project Owner/Developer, or trade contractors, 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 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.

     

     

     

    PLEDGE - APPENDIX B

    Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Mascaro Barton Malow have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the UPMC Mercy Vision Center (hereafter referred to as "Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, Mascaro Barton Malow, and trade contractors to foster a safe work environment for all Project employees as described in this Partnership.

    The Partnership between Mascaro Barton Malow and OSHA calls for the 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, 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 Barton Malow, Project Owner/Developer, or any 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 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.

    Based on mutual interest to protect construction workers, the below party pledges both support and cooperation to the OSHA / Mascaro Barton Malow Partnership by following the Mascaro Barton Malow Project Safety Plan.

     


    Authorized Representative (print / type)

     


    Signature

     


    Title (print / type)

     


    Company / Organization (print / type)

     

     

     

    SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION - APPENDIX C
    1. Mascaro Barton Malow and trade contractors have implemented a comprehensive written Project Safety Plan.
    2. Mascaro Barton Malow will have copies of trade contractors' safety and health plans, hazard communication plans, and fall protection plans (where applicable) or Mascaro Barton Malow will require trade contractor to follow its safety plan.
    3. Mascaro Barton Malow and trade contractors will have either a full-time or designated safety representative at the site 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 Project Safety Plan.
    4. Mascaro Barton Malow 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 performs).
    5. Mascaro Barton Malow will have a SHMS orientation for all new workers, including hazard recognition specific to the work sites.
    6. Mascaro Barton Malow and trade contractors will have employee involvement in the Partnership. Examples include, but are 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.
    7. Mascaro Barton Malow and trade contractors will conduct and document weekly employee safety meetings.
    8. Mascaro Barton Malow and trade contractors will conduct and document self-audits.
    9. Mascaro Barton Malow and trade contractors will follow a six-foot fall protection policy.
    10. Mascaro Barton Malow and trade contractors have a written enforcement program.
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