Partnership #872 - Agreement - May 4, 2016


Gilbane Building Company-Northwest Mutual Tower and Commons


Milwaukee Building & Construction Trades Council, AFL-CIO

The Occupational Safety and Health Administration


for the


    Gilbane Building Company /CG Schmidt Joint Venture (Gilbane); the Milwaukee Building & Construction Trades Council, AFL/CIO; and the Milwaukee Area Office of the Occupational Safety and Health Administration (OSHA) recognize the importance of providing a safe and healthful work environment for employees engaged in the construction industry. This OSHA Strategic Partnership Agreement (OSP) at the Northwestern Mutual (NML) Tower and Commons in Milwaukee, Wisconsin, will facilitate the goals of the Occupational Safety and Health Administration (OSHA) to reduce occupational-related fatalities and serious injuries and illnesses within the construction industry.

    Gilbane is one of the nation's oldest family-owned design and build companies. Founded in 1873 as a family-run carpentry and general contracting shop in Providence, Rhode Island, the company serves clients from over 50 full-service office locations. The company has begun construction of the NML Tower and Commons which will have an estimated 1.1 million square feet of space. The 32-story Tower (approximately 550 feet tall) will adjoin the two-block-long, three story space known as The Commons. It is anticipated that at its peak the project will employ a total of 500 tradespersons at the site. Construction activities will be completed at year end 2016.

    All contractors and their subcontractors that work on this project will be considered Partners. The activity level required to complete this project on schedule will call for complete compliance and cooperation efforts by all parties to ensure this project has a safe and healthful work environment at all times.

    The groups listed below have developed this OSHA Partnership Agreement jointly with a common objective to provide a safe and healthy environment for all employees at the NML Tower and Commons worksite. It is the intent of this agreement to focus their combined expertise and knowledge to promote safety and health, and to encourage all workers on site to do their part in doing the same.


    • Gilbane Building Company CG Schmidt Joint Venture (Gilbane)
    • The Milwaukee Building & Construction Trades Council, AFL/CIO
      • Boilermakers Union, Local 107
      • Bricklayers and Allied Craftsmen District Council, Local 8
      • International Brotherhood of Electrical Workers Union, Local 494
      • Elevator Constructors Union, Local 15
      • Heat and Frost Insulators Union, Local 19
      • Ironworkers Union, Local 8
      • Laborers Union, Local 113
      • Chicago Regional Council of Carpenters – North Region 3
      • Operating Engineers Union, Local 139
      • Operative Plasterers and Cement Masons Union, Local 599
      • International Union of Painters and Allied Trades, District Council 7
      • Plumbers Union, Local 75
      • Roofers Union, Local 65
      • Sheet Metal Workers Union, Local 18
      • Sprinkler Fitters Union, Local 183
      • Steamfitters Union, Local 601
      • Teamsters Union, Local 200
      • Tile & Terrazzo Layers Union, Local 5
    • U.S. Department of Labor/Occupational Safety and Health Administration – Milwaukee Area Office


    A Project Labor Agreement is also in place with the Building Trades. Most Business Agents representing Trades Council members are on the project's Safety Committee which conducts scheduled monthly safety walks.


    The purpose of this Partnership is to provide a safe and healthful work environment for employees involved in the construction industry. Gilbane and the Milwaukee Building Trades Council are committed to preventing serious incidents and fatalities during the construction of the NML Tower and Commons through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.


    The overall goal of the partnership is to create a working relationship that focuses on preventing work-related fatalities, eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. Specific responsibilities for contractor compliance and involvement in the partnership for compliance, site audits, partnership improvements and evaluations of partnership modifications and achievements are delineated in Paragraph X of this Partnership. Responsibilities are delineated for Gilbane and all other contractors on site, OSHA, and Trade Unions.

    1) Maintain a project-wide injury and illness rate which is 25% below the 2014 BLS Total Recordable Case (TRC) rate and Days Away from Work, Restricted or Transfer (DART) rate for the industry. Establish proactive measures for the common hazards found at construction sites.
    1. Provide all necessary engineering controls, administrative controls and personal protective equipment.
    2. Provide a comprehensive Job Site Safety Orientation for all workers prior to allowing them to work on site
    3. Implement a site- wide hazard analysis to assure all anticipated hazards that can be engineered out are addressed, create administrative controls/procedures to cover those hazards that cannot be engineered out and complete a personal protective equipment assessment.
    4. 100% of employees on site will participate in a daily "stretch and flex program".
    Gilbane will collect, calculate and submit to OSHA the following injury and illness data on a monthly basis for comparison to the national average:
    - Total Recordable Case rate (TCR)
    - Days Away / Restricted or Transfer rate (DART)
    Gilbane will compare the sites (TCR) and (DART) with the 2014 BLS data published (TCR) rate of 2.7 2.7 and a (DART) rate of 1.4 1.5 for (General Contractors) NAICS Code 2362.
    2) Promote a cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.
    1. Conduct weekly toolbox safety meetings.
    2. Keep an open door safety policy and encourage hazard reporting.
    3. Conduct hazard analysis during Pre-Task Safety Planning.
    4. Ensure worker participation (all crafts represented) in the onsite safety and health committee.
    1. Minutes of tool box meeting will be used to track and document attendance.
    2. Course rosters/sign-ins will be used to track the number of employees receiving training.
    3. Track incoming safety issues, suggestion forms and complaints and their resolution.
    3) Identify and prevent the most common causes of workplace injuries and illnesses in the construction industry, included but not limited to: falls, electrical safety, struck-by, caught in/between, trenching/excavations, cranes, crystalline silica, carbon monoxide, stress, and noise.
    1. Provide weekly toolbox safety meetings.
    2. Implement a six foot fall protection rule.
    3. Limit the use of ladders; all construction elevated access points shall be engineered scaffold stairs and no "job ladders" will be built. Work performed from ladders will require a Permit issued by Gilbane site safety personnel.
    4. Conduct site audits and daily site walk through.
    5. Implement an environmental monitoring to control airborne hazards, such as silica and carbon monoxide, and to include personal monitoring. All cutting of bricks and concrete block and, where feasible, all other cutting of concrete will be done using "wet" methods.
    1. Site safety personnel will conduct daily, weekly and monthly audits to ensure that the most common hazards are addressed.
    2. When available and at OSHA's discretion, OSHA representatives will be present for monthly safety audits and to meet with the site safety and health committee.
    3. OSHA log 300 will be used to track the number of work-related injuries and illnesses. TCR and DART Rates for previous years will be used for comparison purposes.
    4. Gilbane site safety personnel will track ladder Permits issued.
    5. Near miss tracking forms will be utilized to track near misses on the site.
    6. Injuries, illnesses and near misses will be categorized based on type of hazard and trends will be analyzed in the annual evaluation. See Paragraph VII.
    4) Utilize daily Safety Task Assignments (STA) across all trades for a continuous look at daily safety items/hazards.
    1. 100% of employees on site will participate in the daily STA review sessions prior to starting work.
    Gilbane will maintain and monitor copies of all contractors', subcontractors', and tier-subcontractors' daily STA review sessions. Goal measurement is based on percent of STAs completed.
    5) Support OSHA's Fall Protection Initiative to further the industry's awareness of fall hazards in the workplace.
    1. Gilbane and all on-site contractors will participate in OSHA's annual "National Safety Stand-Down to Prevent Falls in Construction" event until the project is completed. Gilbane and all on-site contractors will print and display OSHA's National Safety Stand-Down Poster in locations where employees are working and inside their on-site trailers.
    Gilbane, along with their contractors will use OSHA's "Join the National Safety Stand-Down" webpage to sign-up for the event, provide information about their stand down activity and complete the survey. In addition, Gilbane, along with their contractors, will provide the Milwaukee Area Office the number of employees that were participants, with the goal being 95% participation of all employees on site.

    The Safety and Health Management System (SHMS) is a critical part of this OSHA Partnership Agreement in that it is an important aspect of collaboration between the project management team, supervisors, and the workers on site. The Gilbane SHMS will enhance the partnership through collaboration of all parties on site, and increased communication among parties, to impact worker safety and health. Examples of interactions between Gilbane and subcontractors through their SHMS will be incorporated in the annual evaluation. This SHMS will include but not be limited to the following core elements:

    Management Leadership

    Gilbane will implement a SHMS patterned after the 2015 revised OSHA Safety and Health Program Management Guidelines that will encourage partnering employers to commit a high level of worker involvement to assist in monitoring and identifying job site hazards on a continual basis to prevent accidents. The SHMS will be implemented at the initiation of the job and continue to be implemented during the entire duration of the Partnership.

    Worker Participation

    The workers will be encouraged to report job site hazards and bring all potential hazards to the attention of Gilbane and/or supervisors if discovered for immediate response and correction. Reported information will be used to improve workplace safety and no worker will experience retaliation for bringing such information to management's attention. Participation will be encouraged in the following ways:

    • Gilbane will hold a Job Site Safety Orientation with each worker prior to work on site.
    • Gilbane will provide a system to allow workers to report potential job site hazards to Gilbane, all other contractors, and/or supervisors upon discovery to stop work if necessary.
    • Gilbane will provide a system for reporting near misses and allow worker participation in near miss investigations.
    • Gilbane and all other contractors will require all workers to attend weekly tool box talks.
    • Gilbane and all other contractors will participate in monthly safety audits and provide all subcontractors on site with a copy of the safety audit reports for use in discussion with workers during tool box talks.
    • Gilbane and all other contractors will share the result of accident investigations, site safety walkthroughs, and exposure monitoring to help workers understand workplace hazards.


    Hazard Identification and Assessment

    This project will focus on safety at all times and Gilbane will enforce job site safety compliance to OSHA standards including but not limited the following ways:

    • Gilbane will conduct daily site inspections and review all subcontractors, workers and site conditions for safe practices.
    • Gilbane and all other contractors involved will take immediate action to correct any unsafe conditions.
    • Gilbane will continually monitor all workers, visitors and others entering the work site to ensure safe conditions throughout the worksite.
    • Gilbane will maintain and communicate a disciplinary program for workers and contractors for non-compliance with site safety and health rule violations.


    Hazard Prevention and Control

    Gilbane considers Hazard Prevention and Control a process requiring continual efforts of monitoring and identifying job site hazards and taking corrective actions to maintain a safe and healthy job site at all times.

    • Gilbane will ensure that hazard correction procedures are in place.
    • Gilbane and all other contractors involved will ensure that everyone knows how to use and maintain personal protective equipment.
    • Gilbane and all other contractors involved will make sure that everyone understands and follows safe work procedures.


    Education and Training

    • Gilbane and all other contractors involved will ensure only properly authorized and instructed employees are permitted to do any job.
    • Gilbane and all other contractors involved will ensure workers do not do a job that appears to be unsafe.
    • Gilbane and all other contractors involved will ensure that supervisors are trained to recognize both health and safety hazards associated with their line of work, and understand their responsibilities.


    Program Evaluation and Involvement

    • Gilbane and all other contractors involved will define appropriate indicators to measure safety and health performance. Performance measurement including trends or patterns will be communicated to site workers.
    • Gilbane and all other contractors involved will use performance measurement data to drive enhancements to the site SHMS.


    Multiemployer Coordination and Communication

    • Gilbane will perform ongoing hazard assessment throughout the project development and will communicate potential hazards to contractors/sub-contractors through pre-job/task and weekly status meetings.
    • Gilbane and all other contractors will utilize daily Safety Task Assignments (STA) for continuous look at daily safety items/hazards.
    • Gilbane will hold a Job Site Safety Orientation with each worker prior to work on site.



    • Gilbane and all other contractors involved will ensure workers and/or their representatives are involved with daily and monthly site inspections.
    • Gilbane and all other contractors involved will ensure workers and/or their representatives participate in monthly safety and health committee meetings, as well as report any near miss or unsafe conditions.
    • Gilbane and all other contractors involved will provide support to all workers and/or their representatives by providing feedback on risks and assisting them in eliminating hazards.

    Performance measures as outlined in Paragraph III will be used to assess the effectiveness of the Partnership. Gilbane will collect and track data for the performance measures and share the information with OSHA and other Partners. Specific measures will include: TCR and DART rate evaluations; numbers of employees trained; numbers of safety suggestions, hazards corrected, and complaints resolved; number of weekly and monthly safety and health audits conducted; hazards identified and corrected during walk-throughs; near misses identified and corrected; number of Ladder Permits issued and, the number of employees participating in the annual Fall Stand Down event.


    The program will be evaluated (by OSHA) on an annual basis through the use of the Strategic Partnership Annual Evaluation Format measurement system, as specified in Appendix C of OSHA Directive CSP 03-02-003.

    It will be the responsibility of Gilbane, in conjunction with other contractors on site, to collect required data to evaluate and track the overall results and successes of the Partnership program. This data will be submitted to OSHA to be included in the annual evaluation and shared with other Partners as necessary.

    OSHA will conduct, write and submit the annual evaluation with input received from the Partners.


    OSHA will conduct one unannounced enforcement verification inspection each year for the term of the project. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to complaints, Local/National Emphasis Programs, or referrals will qualify as the enforcement verification inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite. These inspections include the potential for issuing citations and assessing penalties for violations. In the case that an enforcement activity is not generated during a calendar year, an enforcement verification visit will be conducted to ensure that the partnership and SHMS are being effectively implemented.

    All contractors on site will remain subject to OSHA inspections and investigations in accordance with agency procedures.


    OSHA's Field Operations Manual details opportunities available during citation/case settlement for all employers who undergo onsite enforcement inspections. These opportunities are also available for partnering companies participating in OSHA's Strategic Partnership Program.


    Gilbane, in association with other contractors on site, the U.S. Department of Labor/Occupational Safety and Health Administration – Milwaukee Area Office, and the Milwaukee Building Trades Council, AFL/CIO representing all listed Unions, will form a partnership committee to monitor the implementation of this Partnership. It will consist of a representative from each of the designated Partners. Gilbane will serve as the chairperson and as OSHA's primary contact. The Committee will review contractor compliance and involvement in the partnership, analyze job site audits, make partnership improvements, and evaluate partnership modifications, achievements, and success.

    Gilbane, in conjunction with all other contractors onsite, will:

    • Implement their company's comprehensive safety and health programs, which includes:
      1. Management commitment and employee involvement;
      2. Hazard analysis; and
      3. Hazard control.
    • Mentor subcontractors who have not yet developed their own safety and health program and, if necessary, refer them to OSHA and/or On-Site Consultation for assistance.
    • Enforce 100% fall protection for all fall hazards over six (6) feet, including steel erection activities.
    • Limit work from ladders. Work performed from ladders will require a Permit issued by Gilbane site safety personnel. Buy-in and support from all subcontractors will be encouraged including the use of alternative methods to performing work at elevated locations.
    • Share the responsibility for overseeing site safety, to serve as a point of contact, and to oversee the partnership goals.
    • Conduct daily safety audits.
    • Ensure that all subcontractors participate in job-site safety meetings/toolbox talks on a weekly basis and document all attendance and topics.
    • Submit monthly accident reports to the Partners, including first aid, injury, property damage, and near-miss reports.
    • Coordinate and conduct a comprehensive site audit on a monthly basis. OSP Partners and subcontractor representatives, will participate in the site safety audit. If non-compliant activity or hazards are discovered, immediate correction is required. Gilbane and all other contractors involved will document the corrective action taken, and share this information during the monthly safety committee meetings.
    • Allow OSHA access to the site during inspection activities (programmed and un-programmed activities such as fatalities, referrals, and employee complaints).
    • Audit the partnership and make recommendations for improvement.
    • Share and make available to all workers, job-site inspections and investigation of near-misses and incidents.
    • Require the use of appropriate personal protective equipment by everyone entering the work site. Appropriate personal protective equipment will include leather work shoes / boots (dress shoes, tennis shoes and any other types of shoes are not allowed on site), ANSI approved hardhats, eye protection and high-visibility reflective vests or clothing as a minimum, and will be worn at all times on the worksite.


    OSHA will:

    • Participate in the Safety and Health Committee meetings and the monthly site audit inspections when available and at OSHA's discretion.
    • Designate a Milwaukee Area Office contact to be used as a resource for technical issues, and will be available to assist with safety and health training/tool box meetings.
    • Review Gilbane safety and health self-audits.


    Milwaukee Building Trades Council/Trade Unions will:

    • Appoint a representative to the Safety and Health Committee.
    • Represent all Unions affiliated with the work trade scopes of this project.
    • Assist in trade jurisdiction and work requirements and offer additional OSHA certified safety training to their respective Union members.
    • Assist in planning and implementation of all safety and health management systems.



    This partnership does not preclude workers and/or employers from exercising any rights under the OSH Act (or, for federal workers, 29 CFR 1960), nor does it abrogate any responsibility to comply with the Act.

  12. OSP TERM

    This agreement will terminate on May 15, 2017, or at the completion of construction activities if that occurs sooner. If any signatory of this agreement wishes to terminate its participation prior to the established termination date, written notice of the intent to terminate must be provided to all other signatories.

    If OSHA chooses to terminate its participation in the partnership, the entire agreement is terminated.

    Changes to the Partnership Agreement may be implemented in writing if all parties are in agreement that it is in true best interest of all members involved


    United States Department of Labor
    Occupational Safety & Health Administration

    Based upon a mutual interest to protect construction workers, the parties below agree to the above terms on the Gilbane Building Company / Milwaukee Building and Construction Trades Council, AFL/CIO/ OSHA Partnering Agreement for the Northwestern Mutual Tower and Commons in Milwaukee, Wisconsin.

    Signed this ____ day of April, 2016

    Christine Zortman, Area Director, OSHA - Milwaukee Area Office


    Adam Jelen, Senior Vice President, Gilbane Building Company


    Dan Bukiewicz, President, Milwaukee Building and Construction Trades Council, AFL/CIO

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