Partnership #880 - Agreement - January 19, 2017

OSHA Partnership

The Denmark High School
STRATEGIC PARTNERSHIP
Between
Occupational Safety and Health Administration
Atlanta-East Area Office
And
The Georgia Institute of Technology-Occupational Safety and Health Programs Office
And
Barton Malow Company

  1. PURPOSE/SCOPE

    This Partnership was developed jointly by the Occupational Safety and Health Administration (OSHA), the Georgia Institute of Technology Onsite Safety and Health Consultation Program (Georgia Tech) and the Barton Malow Company. This Partnership will cover the construction of the Denmark High School (DHS), which is located in Alpharetta, Georgia. The common objective and goals of the Partnership will include the following: reduced injuries and illnesses; increased safety and health training; increasing the number of employers with effective safety and health management systems, as well as increasing the monitoring of health hazards at the worksite. 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 resources, 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, Georgia Tech and the Barton Malow Company will implement a Partnership under the OSHA Strategic Partnership Program (OSPP). By combining their efforts, skills, knowledge and resources, OSHA, the Barton Malow Company and Georgia Tech expect to reduce exposure to hazards and thereby decrease the possibility of serious injuries and fatalities during all phases of construction at the Denmark High School Partnership site.

  2. IDENTIFICATION OF PARTNERS

    The Partnership will include:

    • Occupational Safety and Health Administration;
    • Georgia Institute of Technology Onsite Safety and Health Consultation Program; and
    • Barton Malow Company

  3. GOALS/STRATEGIES/PERFORMANCE MEASURES

    The primary objective of this partnership is to create a working relationship that focuses on preventing work-related 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:

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    GOALS

    STRATEGIES

    MEASURES
    Reduce the total number of injuries and illness cases by 10 percent, 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 DHS' Total Case Incident Rate (TCIR) and Days Away From Work, Restricted, or Job Transferred (DART) 1 rates.
    3. Compare this data with the baseline rates for the Partnership.
    1. This goal will be measured by the number of companies participating in the Partnership, which reduce their TCIR and DART rates below the baseline for the Partnership.
    2. Baseline will be based on the 2014 BLS Rates for Non-residential Construction (NAICS 2362), which are 2.7 and 1.4.
    Effectively control workplace hazards by increasing the number of construction companies with safety and health management systems. Methods to evaluate the participant’s performance in this area will include the implementation of comprehensive safety and health management systems and the increase in the number of employers that establish effective safety and health management systems. 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.
    Increase the number of employees, employers and supervisors who are provided effective safety and health training, such as the OSHA 10-hour/OSHA 30-hour courses.
    1. Evaluate implementation of the employers’ safety and health training programs.
    2. Evaluate the employers that provide employees with OSHA 10-hour/ OSHA 30-hour training.
    1. Measure the number of employers with effective safety and health training programs.
    2. Compare the number of managers, supervisors and employees provided with OSHA 10-hour/ OSHA 30-hour training with the baseline for the Partnership. The baseline will be established during the initial year of the Partnership.

    Conduct effective self-inspections, sampling, monitoring, training and consultative activities in areas where employees might be exposed to health hazards such as the following: hazardous noise levels; lead; silica; ergonomic stressors; and other health-related hazards.

    The overall outcome of this goal should be the reduced overexposure of workers to health hazards, as well as a reduced injury and illness rate.
    1. Track health hazard related program improvements, as well as training focused on the prevention of health hazards.
    2. The GC and subcontractors will track the number of self-inspections and site audits, as well as the number of health hazards identified during these activities.
    		 A comparison will be made between the number of health hazards identified during self-inspections and audits conducted during the (baseline) initial year of the Partnership.
    i Days Away from work, Restricted, or job Transferred (DART) rate: This includes cases involving days away from work, restricted work activity, and transfers to another job. It is calculated based on (N / EH) x (200,000) where N is the number of cases involving days away, and/or restricted work activity, and/or job transfer; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees. For example: Employees of an establishment including management, temporary, and leased workers worked 645,089 hours at this worksite. There were 22 injury and illness cases involving days away and/or restricted work activity and/or job transfer from the OSHA 300 Log (total of column H plus column I). The DART rate would be (22 / 645,089) x (200,000) = 6.8

     

  4. OSHA STRATEGIC PARTNERSHIP PROGRAM (OSPP) MANAGEMENT AND OPERATION

    1. Barton Malow will:
      1. Establish a jobsite safety walk team, consisting of a representative of all primary trades active on site in order to develop an understanding and awareness that all accidents are preventable. This action will be accomplished by implementing the Denmark High School Partnership's Safety Vision, a comprehensive safety and health management system, which includes:
        1. Management commitment and employee involvement;
        2. Hazard analysis;
        3. Hazard control; and
        4. Arrangement of training assistance for other stakeholders on site.
      2. Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered subcontractors that arrive for work on the site.
      3. Where the potential for airborne silica exposure exists, require the use of wet cutting, or soft cutting techniques and/or dust collection system, and when needed, the mandatory use of approved respiratory protection. Personal air monitoring will be conducted to assess employee exposure levels. Where the potential for other health issues exist (i.e., carbon monoxide, lead, or large-scale use of chemicals in the building interior during floor finishing), Barton Malow will coordinate with the subcontractor responsible for creating the hazard and ensure that air monitoring is accomplished to assess employee exposure levels. Barton Malow will compile and track sampling results.
      4. Enforce safety rules and regulations. This role includes holding contractors, subcontractors, and employees accountable for following safety rules and regulations and the ability to remove a contractor's employees and supervisors from the job site, if necessary.
      5. Ensure that a competent person performs a risk assessment of all fall hazards. The probability and severity of occurrence for each identified hazard will be evaluated to eliminate or reduce the risk through conventional fall protection, engineering or administrative controls to a level as low as possible.
        1. Critical risk will not be tolerated. Critical risk is defined by work that contains high probability in occurrence and high severity in consequence. No work will be performed until action is taken to reduce the level of risk to as low as reasonably feasible.
        2. Workers on the face of formwork or reinforcing steel must be protected from falling by personal fall arrest systems, with the use of a positioning device, and/or lanyards.
        3. Bricklayers performing overhand bricklaying and related work above lower levels must be adequately protected. No monitor system will be allowed.
      6. Identify and correct serious ergonomic hazards.
      7. Ensure that ground fault circuit interrupters (GFCI) are used to protect all electrical circuits that are installed for work. All contractors will ensure that employees are protected by the use of a GFCI at all times.
      8. The Project Manager and Safety Director for Barton Malow will serve as points of contact, monitoring safety and health at the site and its progress toward achievement of the Partnership goals.
      9. The Barton Malow Superintendents, Construction Managers and Project Managers will ensure that daily Safety Audits are conducted (since this is a multi-employer worksite and all workers are to work together on safety issues). Barton Malow, upon request, will review subcontractors daily log books, audits, note any hazards found, and then review them with all Safety Committee members at the weekly coordination/subcontractor meeting.
      10. Conduct and document job site safety meetings/toolbox talks on a weekly basis.
      11. Submit monthly accident reports to the Barton Malow Safety Committee, including first aid, injury, property damage and near miss reports.
      12. Coordinate and conduct a comprehensive site audit twice each month led by safety director of Barton Malow. Safety Committee and Subcontractor Members will participate in the site safety audit. If non-compliant activity or hazards are discovered, immediate correction is required. Barton Malow will document the corrective action taken and share this information with OSHA and the GEORGIA TECHduring the quarterly update meetings.
      13. Continually audit the Partnership’s effectiveness and recommend improvements.
      14. Ensure that no employees are allowed to work directly below a suspended load except for: employees engaged in the initial connection of steel and employees necessary for hooking or unhooking the load. The following criteria must be met when employees are allowed to work under the load: materials being hoisted shall be rigged to prevent unintentional displacement; hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping off the hook; all loads shall be rigged by a qualified rigger. Appropriate use of tag lines will be utilized to prevent work below suspended loads.
      15. Require the use of appropriate personal protective equipment. Hardhats are mandatory. Employees exposed to or working with heavy equipment and all flagmen on site shall wear high-visibility reflective clothing. A 100 percent eye protection program will be implemented.
      16. Ensure that all safety signs and warnings will be posted in English and Spanish, as well as any other appropriate languages.
      17. Implement a 100 percent Fall Protection Plan for all work performed 6 feet or more above lower surfaces
      18. Implement an effective Heat Illness Prevention Program (Heat Program) to educate workers about the hazards of working outdoors in the heat and steps needed to prevent heat-related illnesses. This Heat Program should utilize tools such as OSHA's Heat Safety Tool Smartphone App and the Employer Guide to Using the Heat Index.
      19. Provide all data to OSHA that is needed for the annual OSHA Strategic Partnership Program (OSPP) report.
    2. Subcontractors will:

       

      1. Appoint a representative to the DHS Partnership Safety Committee responsible for resolving job safety matters and serving as a liaison to the Barton Malow Superintendents. Every prime trade contractor will have a person available to participate in the Safety Committee. Participation in this committee will consist of, but will not be limited to, participation in the Barton Malow Safety Walkthroughs and monthly Safety Committee meetings.
      2. Conduct jobsite safety inspections for those employees under their control. These jobsite safety inspections will be in addition to the general inspections that are to occur daily. If non-compliant activity or hazards are discovered, immediate correction is required. Documentation of abatement methods and verification must be submitted to the appropriate Barton Malow Safety Director.
      3. Participate in the weekly Safety Committee/subcontractor meetings and safety audits. If non-compliant activity or hazards are discovered, immediate correction is required. Abatement methods and verification must be submitted to the appropriate Barton Malow Safety Director who will document the correction taken and share this information during the monthly update meetings.
      4. Share the results of jobsite inspections with all workers by posting them in the project office or on the jobsite bulletin board, to ensure all workers are notified of the results.
    3. OSHA will:

       

      1. Participate, to the extent resources permit, in the quarterly meeting with the partners, but will not participate in the walk around inspection, except that the verification visits may be scheduled as part of the weekly walk around inspection.
      2. Serve as a resource and liaison for Partnership participants and also assist with safety and health training, as resources permit.
      3. Give priority to the construction project when technical assistance is needed.
      4. Audit the monthly reports/documents and make recommendations for improvements in the meeting of Partnership goals.
      5. Conduct inspections in accordance with section IX of this Partnership.
      6. Conduct the annual Partnership evaluation report in accordance with section VII of this Partnership.
    4. Georgia Tech will:

       

      1. Perform quarterly jobsite inspections which will be either a safety or a health visit.
      2. Give priority consideration to requests for services to small contractors who are engaged in work at the project.
      3. Appoint a representative to the DHS Partnership Safety Committee and participate in meetings to the extent resources allow.
      4. To the extent feasible, conduct personal air monitoring to assess employee exposure levels to chemicals, such as silica, carbon monoxide, heavy metals, isocyanates, hexavalent chromium and any other noted chemical hazards.
      5. To the extent feasible, conduct personal noise monitoring to assess employee exposure.

  5. SAFETY AND HEALTH MANAGEMENT SYSTEM

    Barton Malow will use their systems to collect and analyze injury and illness trends (including near-miss incidents) by all contractors performing work at the site. This data will be used as a tool to ensure continual safety and health improvement at the site. The management of this Partnership will be accomplished by Barton Malow implementing a comprehensive jobsite safety and health management system which includes:

    1. Barton Malow will complete a risk assessment prior to exposing any employee to potential safety and health hazards. This will be accomplished by the use of the Barton Malow Job Safety Analysis (JSA) and Safety Task Assignment forms.
    2. Work with OSHA, Georgia Tech and safety committee members to provide the resources to conduct initial monitoring for all toxins, carcinogens, or hazardous substances currently emphasized by OSHA and which present inhalation hazards, such as silica, lead, cadmium, and/or isocyanates. Employee exposures will be assumed and respiratory protection worn until the results of the initial monitoring studies are received and demonstrate no exposure problems or site-based prior surveys show no hazard exists. Barton Marlow will endeavor to ensure that no work with these materials will occur, thus preventing any exposure. Barlow Malow will request periodic evaluation visits by its insurance company's Industrial Hygienist or Georgia Tech Safety Consultation as part of their quarterly visits.
    3. All subcontractors on site will perform daily audits. In addition, twice each month, a comprehensive audit of the jobsite will be performed. A representative of the subcontractors will be a safety audit participant in the jobsite areas where their employees may be exposed to hazards. Any hazards found during the audits will be corrected promptly. Items noted on the audits will be annotated on a daily log. When hazards cannot be corrected immediately they will be tracked until abatement is completed. Employees exposed to these hazardous conditions will be informed of the hazard and effective interim control measures will be implemented. A record will be kept of all hazards found during the comprehensive site safety audits and the number of hazards corrected as a result of the weekly audits.
    4. Implement an aggressive Fall Protection Plan to include fall protection in all cases where work is being performed 6 feet or more above lower surfaces.
    5. Ensure employees receive training as follows:
      1. Supervisory personnel should possess an OSHA 30-hour card or its equivalent. Barton Malow will work with all subcontractors to provide each subcontractor's safety designee with an OSHA 30-hour card, or its equivalent through available on-site training options, such as the Georgia Tech - OSHA Training Institute (OTI) Education Center OSHA-10 and 30 hour online training courses.
      2. All employees will receive a site-specific construction safety orientation covering jobsite safety and health issues, procedures related to the work being performed, as well as the requirements outlined in the Partnership. In addition, employees shall receive training on the content of the risk assessment for operations they will encounter. This may require periodic retraining of employees on the content of the risk assessment as they become relevant due to entering new phases of construction. This material will be provided by Barton Malow to each subcontractor's designated safety representative for completion.
      3. Safety and health training will be provided to all workers in a language they understand. Bi-lingual instructors will be contracted to perform this training. A list of instructors will be provided by Barton Malow to all subcontractors to ensure that all workers are effectively trained.
      4. Other hazard-specific training will be conducted on an as-needed basis.
      5. Subcontractors can utilize other instructors as long as these instructors can provide a valid certification card showing completion of the OSHA 10-hour course. Barton Malow will have primary responsibility for coordinating this training; Barton Malow plans to hold 10-hour Safety Training sessions periodically as needed to help train all personnel as the schedule allows.
    6. Each subcontractor with a written safety and health management system must submit it to Barton Malow for evaluation. Companies without safety and health management systems may adopt the Barton Malow's Environment, Health and Safety (EHS) Plan or develop an adequate safety and health management system with the assistance of the Georgia Tech Safety Consultation Program.
    7. Ensure health-related issues which arise occur during the course of the project are adequately addressed by Barton Malow and/or the affected subcontractors, with the assistance of OSHA and Georgia Tech Safety Consultation, as resources permit. All health-related issues will be discussed monthly during the monthly safety committee meetings.
      1. An effective hearing protection program, including noise monitoring and engineering controls, where possible, will be implemented by Barlow Malow Safety Department.
      2. An effective environmental monitoring program will be implemented to control airborne hazards, such as silica, and will include personal monitoring, employee training, implementation of engineering controls where possible, and the use of respiratory protection when necessary. Previous site-based data will be considered acceptable.
    8. Ensure compliance with the NFPA 70E when working on live electrical equipment, including training and the availability and use of personal protective equipment. A permit system will be implemented whenever working in close proximity to or on live electrical systems to ensure the implementation of appropriate protective measures prior to exposure. The permit form includes requirements for pre-task review and lockout/tagout procedures to be followed.
    9. Ensure all equipment capable of causing amputations is adequately guarded.
    10. The Barton Malow will explore the possibilities of extending training opportunities to area contractors based on relevance of the topics and availability of space.

  6. WORKER INVOLVEMENT

    Establish an employee Safety Committee that will meet on a monthly basis to share the results of jobsite inspections, information concerning accidents and near misses, suggestions for improvement and recommendations for training for the general workforce. Near misses and daily safety audits will be continued to be discussed during Tool Box Talks.

  7. ANNUAL EVALUATION

    The Partnership will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format as specified in Appendix C of OSHA Instruction CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health.

    Barton Malow will be responsible for gathering required participant data to evaluate and track the overall results and success of the Partnership. This data will be shared with OSHA. OSHA will be responsible for writing and submitting the annual evaluation.

  8. INCENTIVES

    Participant benefits from OSHA may include:

    1. Maximum penalty reductions for good faith and history, to the extent allowed by the OSHA Field Operations Manual (FOM), OSHA Instruction CPL 02-00-159 (October 1, 2015).
    2. In the event that a citation with penalties is issued, the Area Director has the authority to negotiate the amount of an additional penalty reduction as part of the informal conference settlement agreement, which is consistent with OSHA's current policy regarding this matter.
    3. Priority Consultation service and assistance for small employers working on the construction site from the Consultation program.
    4. An OSHA focused inspection is available where the Partnership participant has an effective safety and health management system fully compliant with 29 CFR 1926.20 and 29 CFR 1926.21. For additional details refer to the 1994 memo signed by then Deputy Assistant Secretary for OSHA James Stanley, which was revised in September 20, 1995 - (https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=21584)

  9. OSHA VERIFICATION

    1. Verification Enforcement Inspections: OSHA will conduct the initial verification enforcement inspection no sooner than three months, but within four months after Partnership participants formally enter into this agreement. During this period participants should develop and implement the safety and health management systems required under this agreement. After this period, OSHA will conduct the verification enforcement inspection and annually thereafter. Verification enforcement inspections will be conducted as a focused inspection, per the appropriate OSHA guidelines. Compliance Safety and Health Officers (CSHOs) that are familiar with the DHS Partnership will do verification enforcement inspections. Employee rights under the OSH Act will be afforded. During the verification enforcement inspections, if OSHA personnel identify serious hazards that site management refuses to correct, the scope of the inspection may be expanded.
    2. 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.
    3. OSHA agrees that a copy of each non-formal complaint/referral related to the worksite and filed with OSHA will be forwarded by fax, or by CSHO, to Barton Malow's Project Management office onsite. In accordance with applicable law, the name of the complainant requesting confidentiality will not be revealed. Barton Malow 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.
    4. Accident Investigations: Employers engaged in this Partnership recognize that OSHA fully investigates accidents involving a fatality or serious physical harm. If during the course of the investigation OSHA determines that the incident resulted from violations of the OSHA standards, the employer will not be afforded Partnership incentives.

  10. WORKER AND EMPLOYER RIGHTS

    This Partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, nor abrogates any responsibility to comply with rules and regulations adopted pursuant to the OSH Act.

  11. TERM OF PARTNERSHIP

    It is understood that this Partnership shall be in effect until completion of construction activities at the DHS 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).

    If OSHA chooses to withdraw its participation in the Partnership, the entire Partnership is terminated. Any party may also propose modification or amendment of the agreement. Changes may be implemented, if all parties are in agreement that they are in the best interest of the Partnership.

  12. BARTON MALOW - DENMARK HIGH SCHOOL CONSTRUCTION PROJECT - OSP SIGNATURE PAGE

    Partnership Signing Date:

     

    • William C. Fulcher
    • Area Director
    • Occupational Safety & Health Administration


    • Dean Slate
    • General Superintendent
    • Barton Malow Company


    • Jordan Carlin CCHT
    • Southeast Region Safety Director
    • Barton Malow Company
    • Daniel Ortiz
    • Program Manager
    • Georgia Tech Research Institute's Safety, Health & Environmental
    • Technology Division


    • Chris Torchia
    • Project Director
    • Barton Malow Company
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