Partnership #1280 - Agreement - November 30, 2022

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  1. General

    The Charleston Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Marshall University College of Business (hereafter referred to as "Project"). The overarching goal of this Partnership is to encourage joint cooperation between OSHA, PJ Dick, 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 Recommended Practices Safety and Health Programs in Construction. OSHA will provide timely responses to requests for information and for clarification of OSHA standards and will assist as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating trade contractors (hereafter referred to as "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 PJ Dick, Project Owner/Developer, or participating contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action(s). This Partnership will not in any way affect employees' ability to exercise rights under the Occupational Safety and Health Act (hereafter referred to as "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, Charleston Area Office
    • PJ Dick Incorporated

    The following organizations pledge to support the Partnership:

    • Marshall University
    • Tri-State Building & Construction Trades Council (KY, OH, WV)
    • Trade Contractors
       
  3. Project Overview

    Project construction started in March 2022 with completion set for December 2023. It is expected that 20 trade contractors will employ approximately 70 craft persons at peak construction.

    Project details include:

    Owner:

    Marshall University
    One Marshall Drive
    Huntington, WV 25755

    Project highlights:

    • New College of Business
    • Construction cost $31,915,000
    • 78,000 square-feet
    • 3 levels

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

  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:

    Partnership Goals, Strategies, Measures
    Goal Strategy Measures/Products

    1. Reduce the total number of injuries 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 5.3
    2. Reduce the DART rate by 2 percent annually.

    2. Control workplace hazards by assisting trade contractors with the implementation of an effective safety and health management systems.
    1. PJ Dick will conduct evaluations of each trade contractor's safety and health management system in accordance with Appendix C and make suggestions for improvement.

    The Partners will meet quarterly to review:

    1. The number of trade contractors that have completed PJ Dick's safety and health management system evaluation and have pledged both support and cooperation to the Partnership.

    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. PJ Dick will document all self-inspections, the number of hazards corrected, and safety training conducted by trade contractors for workers on the Project.
    2. All workers and unescorted visitors will be oriented to the content of PJ Dick's Subcontractor Safety Handbook.

    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.
    3. The number of trade contractor workers and supervisors who have completed site orientation training.

    4. Develop a working relationship with OSHA to maintain a continuing dialogue that supports various safety and health campaigns/initiatives.
    1. PJ Dick and all on-site participating trade contractors will participate in the OSHA Region III Focus Four Campaign.
    2. PJ Dick 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. PJ Dick and all participating trade contractors will display a stand-down poster and stickers (available on OSHA webpage) on site.
    3. PJ Dick and all on-site participating trade contractors will participate in the NIOSH/OSHA annual Heat Illness Prevention campaign until the Project is completed. PJ Dick and all participating trade contractors will use the OSHA/NIOSH Heat Safety Tool App and display new Heat Illness Prevention infographics in both English and Spanish (available on OSHA webpage) on site.
    4. PJ Dick 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. PJ Dick and all participating trade contractors will display the stand-down poster and stickers (available on OSHA and NUCA webpages) on the site.
    5. PJ Dick and all on-site participating contractors will register and hold an annual event to support the OSHA Safe + Sound Week until the Project is completed. PJ Dick and all participating trade contractors will display campaign information (available on OSHA webpage) on site.
    6. PJ Dick and all on-site participating contractors will hold an annual event to support the prevention of Suicide and Opioid deaths in construction until the Project is completed. PJ Dick and all participating trade contractors will display information (available on OSHA and NIOSH webpages) on site.

    The Partners will meet as needed to verify and/or review:

    1. The number of workers trained in each safety talk that is associated with the Region III Focus Four Campaign.
    2. The use OSHA's "National Fall Safety Stand-Down" webpage to log their event, provide information about their stand down activity, complete the survey and print participation certificate.
    3. The implementation of PJ Dick's heat illness prevention plan. The number of workers trained on the annual Heat Illness Prevention "Water, Rest, Shade" campaign.
    4. The use NUCA's "National Trench Safety Stand-Down" webpage to log the event(s), provide information about their stand down activity, complete the survey and print participation certificate.
    5. The use OSHA's Safe + Sound Week Campaign webpage to register the event(s), provide information about their activity, complete the survey and print participation certificate.
    6. The number of workers trained in each safety talk that is associated with the prevention of suicide and opioid deaths in construction.
  5. Partnership Management and Operation

    PJ Dick and OSHA 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 (CAS) will serve as OSHA's primary contact. The Committee will review trade 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 PJ Dick's Project 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 (CAS) to serve as a resource and liaison person for the Partnership.
    3. Meet with PJ Dick quarterly and as needed 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 and OSHA Policy permit.
    5. Provide information on OSHA training resources available.

    PJ Dick agrees to:

    1. Provide a 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' safety and health management systems utilizing PJ Dick's Safety Evaluation (Attachment 2).
    5. Notify the OSHA Charleston Area Office of trade contractors that have completed PJ Dick'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) 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 PJ Dick 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 trade contractor's 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 trade 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. PJ Dick agrees to investigate these complaints regardless of the trade 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 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 trade 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

    PJ Dick will receive the following benefits from OSHA:

    1. Special recognition, which may include but is not limited to, press releases issued by OSHA and recognition on OSHA's web page designating PJ Dick as a Partner.
    2. Informational materials such as safety and health publications and electronic educational resources.
    3. Participating trade contractors will be provided special priority consideration for free, confidential On-Site Consultation services from the West Virginia OSHA Consultation Program. Small subcontractors may request a no-cost, confidential consultation visit by telephone at 1-304-558-7890 or on-line at https://labor.wv.gov/Safety/Occupational_Safety/Federal_OSHA_consultation/
  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, 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).

  10. Safety and Health Management Systems (SHMS)

    OSHA and PJ Dick support the implementation of safety and health management systems, including the main elements of management commitment/employee involvement, hazard identification, hazard correction/control and employee training. PJ Dick commits to implementing a SHMS at this Partnership site as detailed in Appendix C.

  11. 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 no later than 45 days after the signing anniversary date each year.

  12. Termination

    This Partnership will terminate 2 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 July 31, 2022), 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

  14. 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 Marshall University College of Business.

    Signed______________ day of_______________________ , 2022

    Partners:

    Prentice Cline
    Area Director
    Charleston Area Office
    USDOL/OSHA

    Jake D. Ploeger
    Co-Chief Executive Officer
    PJ Dick Incorporated

    Timothy B. O'Brien
    Co-Chief Executive Officer
    PJ Dick Incorporated

    In Support of:

    Mark Johnson
    Business Manager
    Tri-State Building & Construction Trades Council

    PARTNERSHIP FACT SHEET – APPENDIX A

    The Charleston Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Marshall University College of Business (hereafter referred to as "Project").

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

    The Partnership between PJ Dick and OSHA calls for the Project to be managed consistent with OSHA's Recommended Practices for Safety and Health Programs in Construction 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 PJ Dick, 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 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, for innovation in safety management, and encourages more participation in the safety process by each stakeholder.

    PLEDGE – APPENDIX B

    The Charleston Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Marshall University College of Business (hereafter referred to as "Project").

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

    The Partnership between PJ Dick and OSHA calls for the project to be managed consistent with OSHA's Recommended Practices for Safety and Health Programs in Construction 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 PJ Dick, 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 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 / PJ Dick Partnership by following the PJ Dick Project Safety Plan.

    Authorized Representative (print / type)

    Signature

    Title (print / type)

    Company / Organization (print / type)

    SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION – APPENDIX C

    1. PJ Dick and trade contractors have implemented a comprehensive written Project Safety Plan.
    2. PJ Dick will have copies of trade contractors' safety and health plans, hazard communication plans, and fall protection plans (where applicable) or PJ Dick requires trade contractors to follow its safety plan.
    3. PJ Dick 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. The 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. PJ Dick and trade contractors have or will have trained field supervisory personnel and provide 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. PJ Dick will have a safety and health management system orientation for all new workers, including hazard recognition specific to the work sites.
    6. PJ Dick 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. PJ Dick and trade contractors will conduct and document weekly employee safety meetings.
    8. PJ Dick will conduct and document self-audits.
    9. PJ Dick and trade contractors will follow a six-foot fall protection policy.
    10. PJ Dick and trade contractors have a written enforcement program.
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