Partnership #934 - Agreement - April 16, 2019

Partnership Logos

City of Boynton Beach Town Square Development
Project
Strategic Partnership
Between
Occupational Safety and Health Administration
Ft. Lauderdale Area Office,
University of South Florida On-site Consultation
Program
and
The Haskell Company


  1. PURPOSE/SCOPE

    The Occupational Safety and Health Administration (OSHA), the University of South Florida On-site Safety and Health Consultation Program (USF), and the Haskell Company (or Haskell) developed this Partnership jointly. The common objective and goals of the Partnership include the following:

    1. Reduce injuries and illnesses;
    2. Increase safety and health training; and
    3. 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 resources and innovation in safety management. It will also encourage more participation in the safety process from the construction industry.

    To facilitate the goal of reducing occupational-related fatalities and serious injuries within the construction industry, OSHA, USF and the Haskell Company will implement a Partnership under the OSHA Strategic Partnership Program (OSPP). This Partnership covers the Town Square Projects--more specifically the new city hall and library, district energy services plant (DES building) and all site work- /- infrastructure as well as landscaping. The intent is to unify all safety measures site-wide, yielding a unified operation despite separate contracts with the Owner/ Developer.

    The city hall and library building will be a four-story (full height) tilt-panel construction with structural steel columns / framing and curtain wall system totaling approximately, 109,085 sq. ft. The DES building will be a two story (full height), tilt-panel construction with structural steel columns/framing to house chiller systems, which will feed all buildings within the development, and a back-up generator for the chiller systems and fire station. The project started October 2018 and it is projected for completion in May 2020. The average daily employment on-site will be approximately 260 employees, with as many as 30 different contractors on-site daily.

    By combining their efforts, skills, knowledge and resources, OSHA, USF, and Haskell expect to reduce exposure to hazards and thereby decrease the possibility of serious injuries and fatalities at the Partnership site.

  2. IDENTIFICATION OF PARTNERS

    The Partnership participants will include:

    • Occupational Safety and Health Administration;
    • University of South Florida On-Site Consultation Program; and
    • The Haskell 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:

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

    GOALS STRATEGIES MEASURES
    Maintain an OSHA recordable injury frequency at or below the national average for the applicable SIC/NAICS code. Provide a safe and healthy work environment for construction industry workers employed at this project.
    1. Review the OSHA 300 Log data of the Partnership participants and their contractors, excluding OSHA.
    2. Calculate 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 1TCIR and DART rates below the baseline for the partnership.
    2. The baseline rate will be based on the 2016 BLS rates for Non-Residential Construction, NAICS 2362, which are 2.4 and 1.3.
    Effectively control workplace hazards by increasing the number of construction companies with safety and health management systems (SHMS). Methods to evaluate the participants' performance in this area will include implementing 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 SHMS as a result of participating in the Partnership, to the baseline for the Partnership.

    The baseline will be established during the initial year of the Partnership.

    Increase the number of employees that are provided effective safety and health training, such as the OSHA 10-hour course and relevant Competent Person and user level training. Evaluate employers that provide employees with OSHA 10-hour/ OSHA 30-hour training and appropriate Competent Person and user training and establish baseline.

    Provide or assist in providing necessary training.

    Compare the number of employees provided safety and health training, as a result of participating in the Partnership, to the number of employees provided training 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. MANAGEMENT AND OPERATION

    1. Haskell will:

      1. 1. Ensure subcontractors on-site establish a comprehensive safety and health management system. The written safety and health program should address recognized hazards and should be based on a combination of Haskell's Code of Safe Practices and OSHA's "Recommended Practices for Safety and Health Programs in Construction," dated October, 2016. This may be found at https://www.osha.gov/shpguidelines/docs/8524_OSHA_Construction_Guidelines_R4.pdf. The OSHA's "Recommended Practices" contain the following seven core elements:
        1. Management leadership and commitment
        2. Employee participation
        3. Worksite analysis
        4. Hazard prevention and control
        5. Education and training
        6. Program evaluation and improvement
        7. Communication and coordination for employers on multiemployer worksites
      2. Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered subcontractors that arrive for work on the site.
      3. Enforce safety rules and regulations, as well as implementing an appropriate disciplinary program. This safety enforcement authority will include provisions to hold subcontractors and workers accountable and, if necessary, take appropriate actions to enforce compliance with the established project safety rules and regulations. Haskell will also ensure that subcontractors adhere to procedures for reporting all work-related injuries and illnesses, which prohibits discrimination against an employee from reporting these events, as directed in 29 CFR 1904.35 and 1904.36.
      4. Ensure that where the potential for airborne silica exposure exists, require the use of wet-cutting, or soft-cutting techniques and/or a dust collection system in compliance with Table 1 of 29 CFR Part 1926.1153 and when employee exposure levels require the mandatory use of approved respiratory protection. Where the potential for air-borne silica exposure exists, personal air monitoring will be conducted to assess employee exposure levels. Where the potential for other health issues exists (i.e., carbon monoxide, lead, or large-scale use of chemicals in the building interior during floor finishing), Haskell will coordinate with the subcontractor responsible for creating the hazard and ensure the subcontractor conducts air monitoring to assess employee exposure levels. Haskell will compile and track sampling results.
      5. Ensure that the project leadership establishes a safety committee that consist of a representative from each subcontractor. Safety Committee and subcontractor members will participate in the site safety audit and document the results in daily logbooks. If non-compliant activity or hazards are discovered, immediate correction is required. Haskell will review subcontractors daily logbooks, note any hazards found, and then review them at the weekly coordination/subcontractor and/or jobsite safety meetings.
      6. Review accident reports with the subcontractors including first aid and near miss reports.
      7. Ensure that the site conducts and document job site safety meetings/toolbox talks, as well as any safety and health-related training on a weekly basis.
      8. Share the results of jobsite audits/inspections, as well as information concerning near misses with all workers. Near misses and daily safety audits will be discussed during toolbox talks.
      9. In addition to complying with reporting requirements under 29 CFR 1904 Subpart E, notify the local OSHA area office of safety or health-related events, which are likely to generate public attention and/or news media coverage. This notification will be provided within 2 hours and will include sufficient background and incident information for responding to agency and public inquiries.
      10. Ensure Superintendent and on-site Safety Manager serve as a point of contact, monitor safety and health at the site and its progress toward achievement of the Partnership goals.
      11. 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 engineering or administrative controls to a level as low as possible. Regarding full hazard risk assessments:
        1. Critical risks will not be tolerated. A 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. All personnel exposed to a fall greater than 6 feet shall conform to Haskell's 100 percent tie-off for all employees with fall exposure at heights at six feet or greater.
      12. Coordinate OSHA 10-hour training for all workers, that do not currently have an equivalent level of safety and health training.
      13. Ensure to the extent feasible, serious ergonomic hazards will be identified and corrected.
      14. Ensure that ground fault circuit interrupters (GFCI) are used to protect all electrical circuits that are used for work. All contractors will ensure that employees are protected by the use of a GFCI at all times.
      15. Ensure that no employees are allowed to work directly below a suspended load except for situations where no other safe alternative may exist. In these rare cases, the following criteria must be met:
        1. Materials being hoisted shall be rigged to prevent unintentional displacement.
        2. Hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping out of the hook.
        3. A qualified rigger shall rig all loads.
        4. Appropriate use of tag lines will be utilized to minimize work below suspended loads.
      16. Require the use of appropriate personal protective equipment. Hard hats are mandatory. Employees on-site shall wear high-visibility reflective clothing. A 100 percent eye protection program will be implemented. Gloves must be worn when hand injuries are likely to occur.
      17. Ensure that all signs and warnings will be posted in English and Spanish, as well as any other languages spoken frequently by workers on-site.
      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.
      19. Audit the Partnership and make recommendations for improvement.
      20. Post signage identifying the site as a participant in the OSHA Strategic Partnership Program.
      21. Provide all data to OSHA that is needed for the annual OSPP report.
    2. Subcontractors:

      1. Appoint a representative to the site Safety Committee who will be responsible for resolving job safety matters and serving as a liaison to Haskell's Superintendent. Every subcontractor 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 Project Team Safety walkthroughs and monthly safety update meetings.
      2. Participate in the monthly Safety Committee/subcontractor meeting and safety audits. If non-compliant activity or hazards are discovered, immediate correction is required. Abatement methods and verification must be submitted to Haskell's on-site Safety Manager, who will document the correction taken and share this information during the monthly update meetings.
      3. Conduct jobsite safety inspections for employees under their supervision. 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 Haskell's on-site Safety Manager.
      4. Share the results of jobsite inspections with all workers by posting them in the project office and notifying all workers of the location of the results.
    3. OSHA:

      1. Participate, to the extent resources permit, in the monthly Partnership Committee/subcontractor meetings, but will not participate in the walk around inspection, except that the verification visits (see Section VIII. OSHA Verification below) may be scheduled as part of the weekly walk around inspection.
      2. Serve as a resource and liaison for Partnership participants and assist with safety and health training, as resources permit.
      3. Give priority to the construction project, as resources permit, when technical assistance is needed.
      4. Audit the monthly reports/documents and make recommendations for improvements in meeting Partnership goals.
      5. Conduct inspections in accordance with section VIII of this Partnership Agreement.
      6. Conduct the annual Partnership evaluation report in accordance with section VI of this Partnership Agreement.
    4. USF On-Site Consultation Program:

      1. Perform quarterly jobsite inspections and, to the extent resources permit, participate in quarterly meetings with the Partners.
      2. Give priority consideration to requests for services from small contractors who are engaged in work at the project.
      3. Support and perform activities and monitoring related to a Heat Illness Prevention Program.
      4. Support and perform activities including monitoring, if applicable, related silica dust generating activities, potential lead exposure, as well as hazardous noise generating activities.
      5. Support and perform activities monitoring, if applicable, related to safety focus areas not limited to the following: falls; confined space; trenching; and excavation.
  5. SAFETY AND HEALTH MANAGEMENT SYSTEM

    Haskell will ensure subcontractors on-site establish a comprehensive safety and health management system. The written safety and health program should address recognized hazards and should be based on a combination of Haskell's Code of Safe Practices and OSHA's "Recommended Practices for Safety and Health Programs in Construction," dated October, 2016. The OSHA's "Recommended Practices" contain the following seven core elements and sub-elements:

      Management Leadership

    1. Haskell will ensure that the competent person from each subcontractor will attend project preconstruction meetings before major operations of work, as well as the weekly meetings. The Regional Safety Manager for Haskell or his /her designee will oversee the meetings. During weekly meetings, all participants will evaluate the progress of the Partnership. Representatives will review the completed and summarized safety audits/ inspections of the site as part of the weekly meeting. Identified hazards and abatement as well as trends will be discussed. OSHA may provide a representative to share current issues in construction risk control and provide input for improvement.
    2. All Haskell employees and contractors on this project will comply with the requirements of the Code of Safe Practices (COSP) developed by Haskell and all OSHA regulations pertaining to their scopes of work. Several requirements of the COSP exceed OSHA requirements, in such areas as fall protection (100%), temporary electric (GFI), cave-in protection for excavations at 4 ft., and scaffolding.
    3. Employee Participation

    4. The site will establish an employee Safety Committee consisting of one member per subcontractor 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 of the general workforce. Near misses and daily safety audits will be discussed during Tool Box Talks.
    5. Worksite Analysis

    6. Haskell shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the project management plan, which defines how the project is executed, monitored, and controlled. Haskell will also work with subcontractors to conduct pre-task daily plans to identify hazards and develop corrective measures.
    7. Haskell will perform Job Hazard Analyses (JHA) for all high-risk task performed by the workers. Haskell shall hold a weekly meeting with all subcontractor foremen that shall include discussions of the construction project's safety and health issues, as well as a review of the JHA for upcoming work activities. These weekly meetings shall include representatives of all active subcontractors to discuss participant performance and progress toward achieving the goals of the Partnership. OSHA representatives will be welcome to attend these meetings.
    8. Haskell shall conduct and document weekly safety and health audits to identify and correct conditional and behavioral deficiencies. Haskell will compile a monthly summary of all weekly worksite audits that are conducted by its subcontractors. Repeat deficiencies will be discussed at weekly foremen meetings.
    9. Haskell will ensure that a method for reporting worksite hazards is available and communicated to all employees onsite. Employees should be encouraged to utilize this hazard reporting system.
    10. Hazard Prevention and Control

    11. Work with OSHA and Safety Committee members to provide the resources to conduct initial monitoring for toxins, which are anticipated to be present during construction of this project (silica, etc.). Employee exposures during activities, which may produce these hazards, 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. Haskell will endeavor to ensure that no work with these materials will occur, thus preventing any exposure.
    12. Haskell and its subcontractors shall have an electrical safety program, which includes, but is not limited to, the following elements:
      1. All temporary electrical systems shall be installed and maintained in accordance with applicable OSHA regulations;
      2. A JHA of the jobsite addressing all electrical hazards and potential worker exposure shall be performed and documented;
      3. A job safety procedure shall be developed and documented for all tasks where there is the potential for employee exposure to an electrical hazard (or hazards);
      4. A policy of "no live work" shall be implemented and documented for work involving electrical systems on the jobsite;
      5. A policy for trouble shooting, voltage testing, and diagnostic work shall be implemented and documented;
      6. A lockout/tagout policy and procedures complying with all of the requirements of 29 CFR 1910.333(b)-(2) shall be implemented and documented.
    13. Haskell will ensure that prior to use, all cranes, hoists, and personnel lifts (scissor/aerial) will be inspected and certified as safe.
    14. Haskell will ensure that all workers use appropriate personal protective equipment (PPE) and that they are properly trained on its use.
    15. Haskell and/or the affected subcontractors adequately address health-related issues, which occur during the course of the project. OSHA will provide assistance as its resources permit. All health-related issues will be discussed monthly during the Partnership update meetings.
      1. An effective hearing conservation program, including noise monitoring and implementation of engineering controls, where possible, will be implemented by Haskell's 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.
    16. Safety and Health Training:

    17. All Haskell Permanent Craft Employees (PCE's) shall receive the OSHA 10-hour Construction Course or equivalent training (National Center for Construction, Education and Research), and all training will be conducted in a language that the workers understand. Either effective translators or bi-lingual instructors will be utilized to perform this training. Employees will be trained in hazard recognition, OSHA standards, company safety policies and their rights under the OSH Act of 1970.
    18. On this project, all contractors shall have a minimum of one supervisor or foreman with a current First Aid/Cardiopulmonary Resuscitation (CPR) and OSHA 30-hour card or its equivalent. Current OSHA 30- hour cards are ones completed within the last three years. Contractor supervisors or foreman not meeting the current First Aid/CPR and OSHA 30-hour requirement shall update this certification within the first sixty days of assignment. Supervisors or foreman without documented First Aid/CPR and OSHA 30-hour training shall attain these within 30-days of assignment.
    19. Program Evaluation and Improvement

    20. Haskell and its subcontractors will evaluate and improve their safety and health program by periodically measuring the effectiveness of hazard control systems. A process will also be established to certify program implementation, monitor program performance, identify program shortcomings and initiate improvements.
    21. Regarding recording, documenting, tracking and closing issues, the Haskell project team utilizes Safety Net, which is a digital online / mobile compatible application used to record safety walks, document pictures and sends notifications to responsible parties where concerns are noted / observed. The application is a powerful tool, which keeps record of all inspections and notes the remediation of each item for clear and accurate record keeping. Results will be posted in the jobsite office for all to review. For employees without this software, the format will be provided, and all comments will be posted in the jobsite office requiring participation from everyone on site.
    22. Communication and Coordination for Employers on Multi-Employer Worksites

    23. This is multiemployer worksite; therefore, Haskell will ensure that contractors and subcontractors communicate and coordinate with all employers, which includes:
      1. General contractors, contractors, and staffing agencies commit to provide the same level of safety and health protection to all workers.
      2. General contractors, contractors, subcontractors, and staffing agencies to communicate the hazards present at the worksite and the hazards that work of any contract workers may create on-site.
      3. General contractors must establish specifications and qualifications for contractors and staffing agencies.
      4. Prior to beginning work, general contractors, contractors, and staffing agencies must coordinate on work planning and scheduling to identify and resolve any conflicts that could affect safety and health.
      5. Nothing in the Agreement will exempt the general contractors from meeting their obligation to control the site and to promptly remove employees at the site from safety and health hazards. The general contractor may be subject to citation(s) in accordance with OSHA's multi-employer citation policy outlined in OSHA's compliance directive CPL 02-00-124 (CPL 2-0.124).
  6. 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.

    Haskell 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.

  7. INCENTIVES

    Participant incentives 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 02-00-160 (August 2, 2016).
    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. An OSHA focused inspection is available where the Partnership participant has an effective safety and health management system fully compliant with Parts 29 CFR 1926.20 and 29 CFR 1926.21. (For additional details refer to the August 22, 1994, memo signed and issued by former Deputy Assistant Secretary for OSHA James Stanley, which was revised in September 20, 1995.)
  8. OSHA VERIFICATION

    1. Verification Enforcement Inspections: OSHA will conduct the initial verification enforcement inspection no sooner than two months, but within three 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 an annual verification enforcement inspection. Compliance Safety and Health Officers (CSHOs) that are familiar with the Town Square Projects Strategic Partnership will do verification inspections. Employee rights under the Act will be afforded. If during the verification enforcement inspections OSHA personnel identify serious hazards, 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 work site and filed with OSHA will be delivered to the Partnership site office by a CSHO, or forwarded by fax. In accordance with applicable law, the name of the complainant requesting confidentiality will not be revealed. Haskell 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 OSHA standards, the Partnership may be terminated.
  9. WORKER INVOLVEMENT / WORKER AND EMPLOYER RIGHTS

    This Partnership does not preclude employees and/or employers from exercising any right provided under the Act, nor does it abrogate any responsibilities of the Partnership participants to comply with rules and regulations adopted pursuant to the Act.

    Haskell will ensure employee involvement by establishing 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. The Partnership members' management and supervisors will also continue to discuss near misses and daily safety audits during toolbox talks.

  10. TERM OF PARTNERSHIP

    It is understood that this Partnership shall be in effect until completion of construction activities at the Partnership site, but in no case longer than three-years from the date the Partnership is signed. If any signatory of this Partnership wishes to terminate their participation prior to the established termination date, a written notice of the intent to withdraw must be provided to all other party(s), which provides a 30-day notice.

    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 the changes are in the best interest of the Partnership.

    This Partnership is intended to create contractual rights and obligations as between the partners identified in section two only and shall not be construed to bestow any third-party beneficiary or other contractual rights on any other person or entity; and no other person or entity other than the partners identified in section two shall be entitled to assert any claim based upon this Partnership.

  11. OSHA STRATEGIC PARTNERSHIP

     


    • Condell Eastmond
    • Area Director
    • OSHA Fort Lauderdale Area Office

     


    • Ben Bering
    • Project Manager- II
    • The Haskell Company

     


    • Rick Craven
    • General Superintendent
    • The Haskell Company

     


    • Lance Simons
    • VP of Safety and Quality
    • The Haskell Company
    • Date
    •  

    •  

    • Date
    •  

    •  

    • Date
    •  

    •  

    • Date
    •  

    •  


    • Brian L. Warrick, PhD
    • Program Director
    • USF SafetyFlorida Consultation Program

     


    • Chris Bunch
    • Regional Safety Manager
    • The Haskell Company

     


    • Chris Ware
    • Senior Project Manager
    • The Haskell Company

     


    • Brian Roundtree
    • Director of Corporate Safety
    • The Haskell Company
    • Date
    •  

    •  

    • Date
    •  

    •  

    • Date
    •  

    •  

    • Date
    •  

    •  

Back to Top