Partnership #947 - Agreement - May 8, 2019


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Partnership Agreement

CCHS Women's & Infant's Tower Project


  1. Purpose/Scope

    The Wilmington Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Skanska USA Building Inc. (hereafter referred to as "Skanska"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Christiana Care Health System's Women's and Infant Tower Renovation Project (hereafter referred to as "CCHS Project"). Common objective and goals of the Partnership include the following: to reduce injuries and illnesses; to continue to increase safety and health training; to ensure effective health monitoring is conducted; and to increase the number employers with safety and health management systems. This Partnership is consistent with OSHA's long-range efforts to develop a contractor/ government partnership approach to safety management. It allows for better use of OSHA's resources and innovation in safety management and encourages more participation in the safety process from the construction community.

    To facilitate the goal of reducing occupational related fatalities and serious injuries within the construction industry, OSHA and Skanska will implement an agreement under the Partnership. By combining their efforts, skills, knowledge and resources. OSHA and Skanska expect to reduce exposure to hazards and thereby decrease the possibility of serious injuries and fatalities at the CCHS Project.

    The scope of the Partnership consists of all of Skanska's work being performed at 4755 Ogletown – Stanton Road, Newark, Delaware which is an extension to the existing hospital.

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

  2. Identification of Partners

    The following organizations are considered Partners:

    • Occupational Safety and Health Administration, Wilmington Area Office (OSHA)
    • Skanska USA Building, Inc.

    The following organizations pledge to support the Partnership:

    • Christiana Care Health System
    • Regional Building Trades Council
    • Associated Builders and Contractors - Delaware Chapter
  3. 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 foundation of the safety and health program at the site will be administered through the implementation of the CCHS Project specific Site Environmental, Health and Safety Program by participating contractors. (Attachment 1).

    The Partnership 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 injuries and illnesses cases by 3 percent annually, thereby providing a safe and healthy work environment for employees at the project.
    1. Review the OSHA 300 data of the Partnership participants and their contractors, excluding OSHA.
    2. Calculate The CCHS Renovation Project's Total Case Incident Rate (TCIR) and Days Away From Work, Restricted, or Job Transferred (DART) rates.
    3. Compare this data with the baseline rates for the Partnership.
    1. This goal will be measured by the number of participating contractors in the Partnership, which reduce their TCIR and DART rates below the baseline for the Partnership.
    2. Baseline will be based on prior historical rates, which are 3.9 and 2.0.
    3. Partners will meet quarterly to review injury and illness statistics and work together to resolve workplace safety and health issues.
    2. Effectively control workplace hazards by increasing the number of participating contractors with safety and health management systems.
    1. Methods to evaluate the participants' performance in this area will include the implementation of comprehensive safety and health management systems and the increase in the number of participating contractors that establish effective safety and health management systems.
    1. Compare the number of participants that develop and implement effective safety and health management systems as a result of participating in the Partnership, with the baseline for the Partnership. The baseline will be established during the initial year of the Partnership.
    3. Conduct effective self-inspections, training, technical assistance, and consultation activities in areas where employees might be exposed to hazards.

    The overall outcome of this goal should be the reduced exposure of workers to hazards, as well as a reduced injury and illness rate.
    1. Skanska will use an established tracking tool to document all self-inspections, the number of hazards corrected, and training conducted during the Project
    A comparison will be made after establishing baseline data during the first year for the following categories. 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 by the partners, training hours for workers and supervisors/managers
    4. Develop a working relationship with to maintain a continuing dialogue that supports various OSHA Safety and health campaigns/initiatives Skanska and all on-site participating contractors will participate in OSHA's Focus Four Campaign and annually will hold a National stand- down to prevent falls in construction event until the project is completed.
    1. Skanska and all on-site participating contractors will print and display OSHA's National safety stand-down poster in visible working locations and inside their on-site trailers.
    2. Skanska will present, and all on-site participating contractors will participate in the weekly toolbox talks associated with Region III's Focus Four Campaign.
    3. Participate in the Injury Free Environment Outreach
    All data below will be provided to OSHA during the quarterly meetings.
    1. Skanska, along with their participating contractors will use OSHA's "Join the National Safety Stand-Down" webpage to sign-up for the event, provide information about their stand down activity and complete the survey. In addition, Skanska, along with their contractors will provide the Wilmington Area Office the number of workers that participated.
    2. Skanska will provide the Wilmington Area Office with the number of workers trained in each week's toolbox talk that is associated with the Region III Focus Four Campaign.
    3. Skanska will report on any Injury Free Environment outreach.
  4. Non-enforcement Verification

    Non-Enforcement Verification: OSHA will conduct the initial on-site non-enforcement verification 60 days after the Partners formally enter into this Agreement. During this period, Skanska and participating contractors will develop and implement the safety and health management systems required under this agreement. After this period, OSHA will conduct an annual non-enforcement verification visit. The Compliance Assistance Specialist or staff that is familiar with the CCHS Strategic Partnership will conduct the verification.

    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 the 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 participating contractors whose employees are exposed to or are creating plain view hazards at the CCHS Project. OSHA reserves the right to issue citations and penalties for regulatory violations for which mandatory penalties are established.

    Complaint/Referral Investigations: This Partnership provides for the immediate response to each allegation of a safety or health hazard brought to its attention by any person. Upon a finding that an allegation is valid, the employer 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 CCHS Project site office. In accordance with applicable law, the identity of a complainant will be kept confidential and will not be revealed. Skanska agrees to investigate these complaints regardless of the employer involved and provide OSHA with a written response within 5 working days of receiving the non-formal complaint/referral.

    Accident Investigations: Employers participating in this Partnership recognize that they must report all serious accidents to OSHA, including fatalities within 8 hours, and in-patient hospitalization, amputations, loss of an eye or other serious injury within 24 hours. OSHA fully investigates all accidents involving a fatality and reserves the right to investigate other serious injury reports as defined above. If during the course of the investigation OSHA determines that a fatality resulted from violations of OSHA standards, the Partnership may be terminated.

  5. Statement of Agreement

    OSHA agrees to:

    1. Evaluate Skanska's CCHS Project Site Health and Safety Plan (Attachment 1) prior to and during the OSHA non-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 for the Partnership.
    3. To conduct an on-site non-enforcement verifications within 60 days of the signing of the Agreement, and annually thereafter.
    4. Attend quarterly meetings with the project Safety Leadership Team to review any safety and health concerns on the project and plan any training or outreach events.
    5. Meet with Skanska quarterly to review CCHS Project safety performance. Safety performance will be evaluated through review of participating contractors' OSHA 300 logs for the CCHS Project, related accident reports, self-inspection data, training information and any campaign/outreach information addressed in Goal #4.
    6. Provide timely responses to requests for information and clarification of OSHA standards, as resources permit.
    7. Provide information on OSHA training resources.
    8. 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.

    Skanska agrees to:

    1. Provide a dedicated Site EHS Manager to serve as a safety resource and liaison person for the Partnership and to assist participating contractors with safety issues / concerns.
    2. Provide notice to all participating contractors that the CCHS Project is subject to this Partnership and include the Partnership Fact Sheet (Appendix A) in the CCHS Project New Employee Safety Orientation.
    3. Develop and implement the CCHS Project Site EHS Plan (Attachment 1).
    4. Evaluate each participating contractors' site-specific health and safety plans, prior to their work commencing on site. Further review at the pre-construction meeting for each trade.
    5. Notify the OSHA Wilmington Area Office of participating contractors that have completed Skanska's Safety Evaluation and have pledged both support and cooperation to the Partnership (Appendix B).
    6. Offer participating 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 CCHS Project Safety Performance Report. Require all active participating contractors to submit an updated OSHA 300 Log for the CCHS Project.
    8. Meet with OSHA quarterly to review the safety performance of Skanska and participating contractors and provide feedback on noted incident trends or patterns. This includes related accident reports, self-inspection data, training information and any campaign/outreach information addressed in Goal #4. This collection of data will be posted throughout the project for all the trades to see.
    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.
    10. Implement a six-foot fall protection policy with all participating contractors.
    11. During Safety Week 2019 Skanska will work directly with OSHA to have an outreach event.
    12. Conduct at least one Injury Free Environment (IFE) Outreach with all the participating contractors principles annually
    13. For any new OSHA standards, Skanska will conduct lunch and Learn at least on a quarterly bases
    14. Hold monthly Project Safety Leadership (Safety Committee) meeting with representatives from the trades.
    15. Commits to implementing a Safety and Health Management System at this Partnership site as detailed in Appendix C.
    16. 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.
    17. Encourage and promote the use of the Delaware On-Site Consultation Program (https://dia.delawareworks.com/osha-consultation), including sharing provided brochures, to small and medium sized contractors that operate at the site. Consultation is a free, confidential service that can assist small employers with hazard identification and control, and implementation of effective safety and health management systems. More information on this free confidential, voluntary service is available at https://www.osha.gov/dcsp/smallbusiness/consult.html
  6. Employee 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 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 reporting. Employee involvement will be included in the Safety and Health Management System Evaluation (Appendix C).

  7. Safety and Health Management Systems

    OSHA and Skanska 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. Skanska commits to implementing a SHMS at this partnership site as detailed in Appendix C.

  8. Annual Evaluation

    Partners will jointly prepare an annual evaluation of the Partnership. 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 no later than 30 days after the signing anniversary date each year.

  9. Termination

    It is understood that this Partnership shall be in effect until completion of construction activities at the CCHS Partnership site, but in no case longer than three-years. Should any "signatory" stakeholder choose to withdraw prior to project completion, a written notice shall be given, stating the reason(s) and providing 30 days' notice to the other party(s).

  10. 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

      Based on a mutual interest to protect construction workers, the below parties agree to the terms of the OSHA / Skanska Partnership Agreement for the construction of The CCHS Project.

      Signed ______day of________________________________, 2019

       

      Partners:

       


      • Erin Patterson
      • Area Director
      • Wilmington Area Office
      • USDOL/OSHA

      In Support of:

       


      • Matthew T. Degli Obizzi, Sr., Chairman
      • Associated Builders and Contractors
      • Delaware Chapter

       

       

       


      • James Maravelias, President
      • Business Representative
      • Delaware Building and Construction Trades Council

       


      • C. Todd Lofgren, LEED AP BB+C
      • Senior Vice President – Account Manager
      • Skanska USA Building Inc.

     

     

    PARTNERSHIP FACT SHEET - APPENDIX A

    The Wilmington Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Skanska USA Building Inc. (hereafter referred to as "Skanska"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The CCHS Women's & Infant's Project (hereafter referred to as "CCHS Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, Skanska, and participating contractors to foster a safe work environment for all CCHS Project employees.

    The agreement between Skanska and OSHA calls for the CCHS Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines, OSHA's Recommended Practices for Safety and Health Programs in Construction, or their 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 participating contractors from or lessen their safety responsibilities nor change any contractual obligations between Skanska, CCHS Project Owner, 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's resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

     

     

     

    PLEDGE - APPENDIX B

    The Wilmington Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and Skanska USA Building Inc. (hereafter referred to as "Skanska"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The CCHS Project (hereafter referred to as "CCHS Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, Skanska, and participating contractors to foster a safe work environment for all CCHS Project employees.

    The agreement between Skanska and OSHA calls for the CCHS Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines, OSHA's Recommended Practices for Safety and Health Programs in Construction, or their 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, participating contractors will voluntarily sign a pledge (Appendix B)

    This Partnership will not relieve any participating contractors from or lessen their safety responsibilities nor change any contractual obligations between Skanska, CCHS Project Owner, 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 regulations.

    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's 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 / Skanska Partnership Agreement by following the Skanska CCHS Project Safety Plan.

     


    Authorized Representative (print / type)

     


    Signature

     


    Title (print / type)

     


    Company / Organization (print / type)

     

     

     

    SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION - APPENDIX C
    1. Skanska and participating contractors have and will have implemented a comprehensive written CCHS Project Environmental Health and Safety Plan.
    2. Skanska maintains or will maintain copies of participating contractors' safety and health plans, Construction Work Plans, hazard communication plans, and fall protection plans (where applicable). Skanska requires participating contractors to follow its Environmental Health and Safety plan and will not accept any plans or practices that are less stringent.
    3. Skanska will have a full time 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 CCHS Project Environmental Health and Safety Plan.
    4. Skanska and participating 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).
    5. Skanska has and will provide an Environmental Health and Safety orientation for all new workers, including hazard recognition specific to the work sites.
    6. Skanska and participating contractors will have employee involvement in the Partnership. Examples include, but will not be 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. Skanska and participating contractors will follow a six-foot fall protection policy.
    8. Skanska and participating contractors will conduct and document weekly employee safety meetings.
    9. Skanska and its Subcontractors will conduct and document self-audits.
    10. Skanska will compile all data through Predictive Solutions or similar application on a tablet device.
    11. Skanska and participating contractors will have a written enforcement program. Skanska's written enforcement program is a progressive discipline system. The program progresses from verbal warnings to written warnings with enforcement. The written enforcement notices will require either complete re-training or dismissal from the job site at Skanska's discretion. Skanska reserves the right for immediate dismissal without warnings for anything that is deemed a flagrant disregard of safety rules and regulations. Subcontractors are subjected to the same enforcement program and policy.
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