Partnership #937 - Agreement - April 16, 2019


Shawmut

Ransom School Construction Project
Strategic Partnership
Between
Occupational Safety and Health Administration
Ft. Lauderdale Area Office,
University of South Florida On-site Consultation
Program
and
Shawmut Design and Construction Company


  1. PURPOSE/SCOPE

    This Partnership was developed jointly by the Occupational Safety and Health Administration (OSHA), the University of South Florida On-site Safety and Health Consultation Program (USF), and Shawmut Design and Construction Company (or Shawmut). The common objectives 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 Shawmut will implement a Partnership under the OSHA Strategic Partnership Program (OSPP). This Partnership covers the Ransom Everglades School Construction Project. This project consist of constructing a 39,700 square-foot, three-story, and LEED-certified STEM (science, technology, engineering and mathematics) academic building in Miami, Florida. The facility has been designed to include classrooms, laboratories, workshops, offices, collaboration space and a multi-purpose room. In addition to the STEM building the scope of this project includes the construction of a new drop-off loop, two (2) parking lots and an outdoor meeting space. The total project budget is $19.5 million. The project began in August 2018 and is expected to be completed February 2020.

    By combining their efforts, skills, knowledge and resources, OSHA, USF, and Shawmut 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
    • Shawmut Design and Construction 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 2017 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 (SHMS). Methods to evaluate the participants' performance in this area will include the 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. Shawmut will:

      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 Shawmut'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. Shawmut will ensure that 100% of all subcontractors have developed and implemented a written Site-Specific Safety and Health Plan prior to their work on-site.
      3. 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, 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), Shawmut will coordinate with the subcontractor responsible for creating the hazard and ensure the subcontractor conducts air monitoring to assess employee exposure levels. Shawmut will compile and track sampling results.
      4. Enforce safety rules and regulations. Shawmut's role includes holding contractors, subcontractors, and employees accountable for following safety rules and regulations and removing a contractor's employees and supervisors from the jobsite, 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 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.
      6. To the extent feasible, serious ergonomic hazards will be identified and corrected.
      7. Shawmut and its subcontractors who are participating in this Partnership shall have an electrical safety program, which includes, but is not limited to, the following elements:
        1. 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.
        2. All temporary electrical systems shall be installed and maintained in accordance with applicable OSHA regulations.
        3. A Job Hazard Analysis (JHA) of the job site addressing all electrical hazards and potential worker exposure shall be performed and documented.
        4. 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).
        5. A policy of "no live work" shall be implemented and documented for work involving electrical systems on the jobsite.
        6. A policy for trouble shooting, voltage testing, and diagnostic work shall be implemented and documented.
        7. A lockout/tagout policy and procedures complying with all of the requirements of 29 CFR 1910.333(b)-(2) shall be implemented and documented.
      8. Shawmut's Superintendent will serve as a point of contact, monitor safety and health at the site and its progress toward achievement of the Partnership goals.
      9. Shawmut's Superintendent will ensure that daily Safety Audits are conducted. Shawmut will review subcontractors' pre-task plans, note any hazards found, and then review them at the weekly coordination/subcontractor meeting.
      10. Conduct and document jobsite safety meetings/toolbox talks on a weekly basis.
      11. Shawmut's Superintendent will lead, coordinate and conduct a comprehensive site audit on a weekly basis. Safety Committee and subcontractor members will participate in the site safety audit. If non-compliant activity or hazards are discovered, immediate correction is required. Shawmut will document the corrective action taken and compile a monthly summary of all weekly worksite audits that are conducted by its subcontractors. Repeat deficiencies will be discussed at weekly foremen meetings.
      12. Share the results of jobsite inspections and information concerning near misses with all workers. Near misses and daily safety audits will be discussed during toolbox talks.
      13. Prior to use, all cranes, hoists, and personnel lifts (scissor/aerial) will be inspected and certified as safe.
      14. 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.
      15. 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.
      16. Safety and health-related training will be provided to all workers in a language they understand. Either effective translators or bi-lingual instructors will be utilized to perform this training.
      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. Shawmut will compile and monitor summaries of monthly subcontractor injury and illness data. This data will be used to measure Partnership progress toward meeting the objectives of the Partnership Agreement. Additionally, this data shall be provided to OSHA, at least annually, for the annual OSPP evaluation report.
    2. Subcontractors will:

      1. All participant subcontractors shall provide a site-specific safety and health plan, which meets or exceeds Shawmut's safety and health plan requirements for this project. Shawmut will collect and review plans for adequacy.
      2. All subcontractor employees, including new arrivals, will receive project-specific orientation and instructions prior to starting work.
      3. All subcontractors shall perform a Pre Task Daily Plan (PTP) and review with crew. The PTP shall identify potential hazards employee need to be aware of and the corrective action that will be required for that day's work activities. All subcontractors shall allow an OSHA representative to attend any of these meetings when requested by OSHA.
      4. Appoint a representative to the site Safety Committee who will be responsible for resolving job safety matters and serving as a liaison to Shawmut's Superintendent. All such representatives, at a minimum, will have completed the OSHA 10-hour construction outreach course. 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 weekly site audit and weekly foremen meeting.
      5. All subcontractors shall designate at least one trades person to participate in the monthly Safety Committee meetings. This person shall not be the subcontractor's Foreman.
      6. All subcontractors shall conduct weekly inspections of their work areas to identify conditional and behavioral deficiencies, as defined by the project safety and health plan and OSHA standards. All deficiencies will be documented and corrected, or reported to Shawmut for corrective action. If the finding is reported to Shawmut, including the type of deficiency and corresponding action taken, on a weekly basis.
      7. Subcontractors shall ensure that their employees receive necessary safety and health training. This training will be on going as now projects, tasks, or processes arise. Training conducted for employees will also be open to OSHA personnel as applicable.
      8. 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.
      9. All subcontractors shall record workplace injuries and illnesses as required by 29 CFR 1904 and shall report recordable incidents to Shawmut for recording on the project OSHA 300 Log.
    3. OSHA will:

      1. Participate, to the extent resources permit, in the monthly Safety Committee 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 will:

      1. As resources permit, perform quarterly jobsite inspections and periodically attend site safety and health meetings.
      2. Give priority consideration to requests for services from small contractors who are engaged in work at the project and provide feedback on incident trends and patterns.
      3. Provide initial review of Shawmut's safety and health plan for the Ransom School construction project. Make recommendations where deficiencies or opportunities for improvement exist.
      4. Support and perform activities and monitoring related to a Heat Illness Prevention Program.
      5. Support and perform activities including monitoring, if applicable, related silica dust generating activities, potential lead exposure, as well as hazardous noise generating activities.
      6. 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

    Shawmut will use its system 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. Shawmut will manage this Partnership effectively by implementing a comprehensive jobsite safety and health management system, which will include the following components:

      Management commitment and employee involvement

    1. Shawmut is committed to the reduction of occupational-related fatalities and serious injuries and illnesses during the construction of the Ransom School Construction Project. Shawmut will ensure that the subcontractors involved in this construction project also support this Partnership effort. Shawmut will require all subcontractors to develop and implement written, site-specific safety and health management programs. Additionally, Shawmut will develop a subcontractor safety committee, comprised of trades personnel, to ensure employee involvement during the project.
    2. Shawmut shall conduct a pre-construction meeting with each subcontractor. This meeting shall include a discussion regarding either the requirement for the development of a project-specific health and safety plan (a copy of which shall be submitted to the project superintendent) or the integration of Shawmut's safety and health policies into their standard safety and health program.
    3. Worksite Hazard Analysis

    4. Shawmut 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. Shawmut will also work with subcontractors to conduct pre-task daily plans to identify hazards and develop corrective measures.
    5. Shawmut will perform Job Hazard Analyses (JHA) for all high-risk task performed by the workers. Shawmut 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.
    6. Shawmut shall conduct and document weekly safety and health audits to identify and correct conditional and behavioral deficiencies. Shawmut 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.
    7. Shawmut 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.
    8. Shawmut shall maintain a project OSHA 300 Log (or equivalent) in accordance with the requirements of 29 CFR 1904. Shawmut will compile and monitor summaries of monthly subcontractor injury and illness data. This data will be used to measure Partnership progress toward meeting the objectives of the Partnership Agreement.
    9. Hazard Prevention and Control

    10. 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. Shawmut will endeavor to ensure that no work with these materials will occur, thus preventing any exposure.
    11. Shawmut 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.
    12. Shawmut will ensure that prior to use, all cranes, hoists, and personnel lifts (scissor/aerial) will be inspected and certified as safe
    13. Shawmut will ensure that all workers use appropriate personal protective equipment (PPE) and that they are properly trained on its use.
    14. Ensure Shawmut 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 Shawmut'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.
    15. Safety and Health Training:

    16. Shawmut to make available and conduct OSHA 10-hour training courses for workers. Training will be provided to all workers in a language they understand. Either effective translators or bi-lingual instructors will be utilized to perform this training.
    17. All subcontractor employees, including new arrivals, will receive project-specific orientation and instructions prior to starting work.
    18. Subcontractors shall ensure that their employees receive necessary safety and health training. This training will be ongoing as now projects, tasks, or processes arise. Training conducted for employees will also be open to OSHA personnel as applicable.
  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.

    Shawmut 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 Shawmut Ransom School Construction Project Strategic Partnership will do verification inspections. Employee rights under the OSH Act (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. Shawmut 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.

    The Shawmut 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.

  11. OSHA STRATEGIC PARTNERSHIP

      Partnership Signing Date: April 16, 2019

     


    • Condell Eastmond
    • Area Director
    • Fort Lauderdale Area Office

     


    • Lisa Bendas
    • Project Executive
    • Shawmut Design and Construction

     


    • Timothy Barges
    • Project Manager
    • Shawmut Design and Construction

     


    • Timothy Hussey
    • Director Southern Florida
    • Shawmut Design and Construction

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

     


    • David Overmyer
    • Senior Project Manager
    • Shawmut Design and Construction

     


    • Leonard Roaen
    • Project Superintendent
    • Shawmut Design and Construction

     


    • Shaun Carvalho
    • VP – Safety Director
    • Shawmut Design and Construction
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