Partnership #916 - Agreement - July 12, 2018

Department of Labor






Milwaukee Building-constriction Trades Council


    The Gilbane Building Company, the Milwaukee Building & Construction Trades Council 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 workers engaged in the construction industry. This OSHA Strategic Partnership Agreement (OSP) at the Potawatomi Hotel Expansion in Milwaukee, Wisconsin, will facilitate the goals of OSHA to reduce work-related fatalities, injuries and illnesses as well as to improve worker protections by engaging employer groups, individual employers, workers, labor organizations, and others in formal, cooperative relationships with OSHA to carry out the purposes of the OSH Act within the construction industry.

    Gilbane Building Company ("Gilbane") is a construction and real estate development firm that was founded in 1873. Concentrating in select markets throughout North America, as well as internationally, Gilbane has 48 office locations around the world in construction and real estate development. Gilbane Building Company is recognized as a three time winner of FORTUNE's 100 Best Places to Work. For more information, please visit

    The groups listed below have developed this OSP agreement jointly with a common objective to provide a safe and healthy environment for all at the Potawatomi Hotel Expansion Project. It is the intent of this agreement to focus their combined expertise and knowledge to promote safety and encourage all workers on site to do their part in achieving the same.

    • Gilbane Building Company
    • U.S. Department of Labor/Occupational Safety and Health Administration – Milwaukee Area Office
    • The Milwaukee Building & Construction Trades Council

    The following parties, as members of the Milwaukee Building & Construction Trades Council, agree to participate in the partnership agreement:

    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
    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

    All Contractors and/or Subcontractors working at this site agree to participate in the partnership agreement.


    The purpose of this partnership is to provide a safe and healthful work environment for workers involved in the construction industry. Gilbane is committed to preventing serious accidents and fatalities during the construction of the expanded Potawatomi Hotel in Milwaukee, Wisconsin, through increased training, implementation of best work practices, enhanced safety and health management system (SHMS), and compliance with applicable OSHA standards and regulations.

    The Potawatomi Hotel Expansion consists of hotel tower expansion of 119 additional keys to the existing facility for a total of 500 rooms. The tower will be constructed on top of the existing four story podium and extend to Level 19. A four-story infill area between the existing casino and hotel will also be added and include storage, a kitchen expansion, a pastry kitchen, and banquet facilities.

    Construction on the Potawatomi Hotel Expansion is scheduled to be completed in 2019. The development is planned to be constructed on top of the existing Hotel podium and in the open area south of the hotel proper.


    The overall goal of the partnership is to create a working relationship that focuses on preventing work-related fatalities, injuries and illnesses by eliminating serious workplace hazards, and establishing a foundation for the development of an effective SHMS. A Project Labor Agreement is in place with the Building Trades, and most Business Agents are on the Project's Safety Committee. Specific responsibilities for contractor compliance and involvement in the partnership for compliance, site audits, partnership improvement, and the evaluation of partnership modifications and achievements are delineated in Section X of this agreement. Responsibilities are delineated for Gilbane, OSHA, and the Milwaukee Building & Construction Trades Council.




    1) Maintain a project-wide injury and illness rate 25% below the 2016 BLS Total Recordable Case (TRC) rate of 2.4 and Days Away from Work, Restricted or Transfer (DART) rate of 1.3 for the construction industry (NAICS 2362). 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.
    1. Gilbane will collect and calculate the following injury and illness data on a monthly basis for comparison to the national average:
      • Total Recordable Case rate (TRC)
      • Days Away/Restricted or Transfer rate (DART)
    2. Gilbane will compare the site's TRC and DART with the 2016 BLS data published TRC rate of 2.4 and DART rate of 1.3 for construction (NAICS 2362).
    2) Promote cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.
    1. Conduct daily Safety, Quality, Production (SQP) huddles and stretches; identifying work tasks, conditions, applicable OSHA standards, and discussing potential hazards prior to workers performing the tasks.
    2. Conduct weekly toolbox safety meetings.
    3. Keep open-door safety policy and encourage hazard reporting.
    4. Conduct hazard analysis during Pre-Task Safety Planning.
    5. Ensure worker participation in safety committee.
    6. Project-wide stand-down meetings in conjunction with OSHA initiatives.
    1. Document discussion on SQP excellence huddle form or photo of work board and store in project file.
    2. Minutes of toolbox meeting will be used to track and document attendance.
    3. Track incoming safety issues, suggestion forms, and complaints and their resolution.
    4. Retain pre-task work sheets
    5. Retain attendance rosters for safety committee meetings
    6. Document attendance and topics for stand-downs
    3) Identify and prevent the most common causes of workplace injuries and illnesses in the construction industry, including, but not limited to, falls, electrical safety, struck-by, caught in/between, silica, heat stress, material handling, and noise hazards.
    1. Implement a six-foot fall protection rule for the project.
    2. Maintain a Ladder-Limited Jobsite to reduce work performed from ladders.
    3. Implement an assured grounding conductor program for all temporary and permanent wiring, along with the use of ground fault circuit interrupters (GFCI).
    4. Endorse 100% hand protection for all contractors on site.
    5. Conduct site audits and daily site walk-through.
    6. No man baskets will be used on Forklifts.
    7. Implement silica exposure control program with integrated engineering controls for every task with potential exposure to silica dust using additional administrative/PPE controls as necessary.
    8. Implement a "Stretch and Flex" Program.
    9. Area carbon monoxide monitoring is conducted when a combustion CO emitting source is used inside an enclosed area.
    10. Implement a Hearing Conservation program on site
    1. Review six foot fall protection requirements with all workers on site and document training on the site orientation forms
    2. Provide job access alternatives for workers at heights.
    3. Document compliance of assured grounded program for each contractor quarterly on the assured grounding certification letter
    4. Site leadership will conduct daily personnel preconstruction checks and inspection to ensure availability and use of proper clothing and PPE.
    5. Site safety personnel will conduct daily, weekly, and monthly audits to ensure that the most common hazards are addressed.
    6. A ladder hazard awareness program will be initiated and initiated by Gilbane.
    7. Conduct silica exposure monitoring for bathroom tile demolition and other task as determined.
    8. Participation of Stretch and Flex for site personnel is mandatory.
    9. Monitor carbon monoxide levels and take corrective actions when levels are elevated. At no time will levels above 35 ppm be allowed.
    10. Monitor sound exposure levels during pile driving operations
    4) One hundred percent (100%) of contractors and subcontractors to have site-specific comprehensive written SHMS.
    1. Written SHMS will be required for all contractors, subcontractors, and tier-subcontractors.
    1. Gilbane will require and maintain copies of all contractors', subcontractors', and tier-subcontractors' SHMS.
    2. Gilbane will review all contractors' SHMS, and will provide guidance and assistance to all contractors in their SHMS development as needed to ensure alignment with the project's SHMS.
    5) Electronic (tablet)-based inspection documentation will be used at the worker level to document worksite hazards during the daily project site audit.
    1. When contractors are working on site, they will participate in a daily project site audit that will be conducted by one contractor per day.
    1. Gilbane will provide the tablet and training on how to use the tablet. Additionally, Gilbane will develop and maintain the rotating daily schedule that will assign a specific contractor to perform the daily audit.
    6) Increased training and retraining will be offered onsite as the need dictates.
    1. As the needs of personnel training or retraining are identified and/or requested, Gilbane will provide the necessary training utilizing all resources.
    1. Gilbane will develop a training schedule for the project which includes but not limited to topics such as OSHA Focus Four, aerial lift, 1st Aid/CPR, Incident & Injury Free, rigging, and fall protection and other hazards identified during job site inspections.

    The Safety and Health Management System (SHMS) is a critical part of this OSP agreement in that it is an important aspect of collaboration between the project management team, supervisors, and the workers on site. This SHMS will include, but not be limited to, the following core elements:

    Management Leadership Roles

    Gilbane will implement an SHMS patterned after OSHA's "Recommended Practices for SHMS in Construction" that will encourage partnering employers to commit a high level of worker involvement to assist in monitoring and identifying jobsite hazards on a continual basis to prevent accidents. The SHMS will be implemented at the initiation of the partnership and continue to be implemented during the entire duration of the partnership.

    Worker Participation

    The workers will be encouraged to report jobsite hazards and bring all potential hazards to the attention of Gilbane and/or supervisors if discovered for immediate response and correction. This 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 jobsite hazards to Gilbane and/or supervisors upon discovery and stop work if necessary. Gilbane will require all workers to attend weekly stand-down meetings. All identified hazards and resolutions will be tracked.
    • Gilbane and the Milwaukee Building & Construction Trades Council Union Representatives as well as OSHA, as resources permit, 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 toolbox talks.
    • Daily project site audits will be performed by all subcontractors on a rotational basis by supervision. The site superintendent for Gilbane will provide a schedule at the beginning of each month.

    Hazard Identification and Assessment

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

    • Gilbane will conduct daily site inspections and review all subcontractors, workers, and site conditions for safe practices.
    • Gilbane will take immediate action to correct any unsafe conditions, track all unsafe observations, and provide final statistics to all parties in this agreement.
    • Gilbane will continually monitor all workers, visitors, and others entering the worksite to ensure safe conditions throughout the worksite.

    Hazard Prevention and Control

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

    • Gilbane or responsible contractor will ensure that hazard correction procedures are in place and identified
    • Gilbane or responsible contractor will ensure that everyone knows how to use and maintain personal protective equipment.
    • Gilbane or responsible contractor will make sure that everyone understands and follows safe work procedures.

    Education and Training

    Gilbane understands that providing workers with an understanding of hazard recognition and control, and actively involving them in the process, can help to eliminate hazards before an incident occurs.

    • Gilbane or the responsible contractor will ensure work tasks are assigned to workers who are trained and authorized.
    • Gilbane or the responsible contractor will ensure workers are not performing work tasks that appear to be unsafe.
    • Gilbane or the responsible contractor will ensure that supervisors are trained to recognize hazards and understand their responsibilities. Incident & Injury Free Supervisory training sessions will occur quarterly over the life of the project and will be required for all personnel in a supervisory role for their respective firms.

    Program Evaluation and Improvement

    Gilbane understands that once a safety and health management system is established, it should be evaluated to verify that it is being implemented as intended. After that, employers should quarterly, and at least annually, step back and assess what is working and what is not, and whether the program is on track to achieve its goals.

    • Control measures are periodically evaluated for effectiveness.
    • Processes are established to monitor program performance, verify program implementation, and identify program shortcomings and opportunities for improvement.
    • Necessary actions are taken to improve the program and overall safety and health performance.

    Communication and Coordination for Employers on Multi-employer Worksites

    Gilbane considers effective communication and coordination among contractors and their workers critical to a safe workplace.

    • General contractors, contractors, subcontractors, and staffing agencies commit to providing the same level of safety and health protection to all workers.
    • General contractors, contractors, subcontractors, and staffing agencies communicate the hazards present at the worksite and the hazards that contract workers may create on site.
    • General contractors establish specifications and qualifications for contractors, subcontractors, and staffing agencies.
    • Prior to beginning work, general contractors, contractors, subcontractors, and staffing agencies coordinate on work planning and scheduling to identify and resolve any conflicts that could impact safety or health.

    • Gilbane and the Milwaukee Building & Construction Trades Council will ensure workers and/or their representatives are involved with daily and monthly site inspections.
    • Gilbane and the Milwaukee Building & Construction Trades Council will ensure workers and/or their representatives participate in monthly safety meetings as well as report any near miss or unsafe conditions.
    • Gilbane will provide support to all workers and/or their representatives by providing feedback on risks and assisting them in eliminating hazards. The weekly stand down meeting is the vehicle for open dialogue and feedback.

    Performance measures as outlined in Section III will be used to assess the effectiveness of the partnership. Gilbane will gather and track data for the performance measures and share the information with OSHA and other partners, as specified in Appendix B of the OSHA Directive CSP 03-02-003.


    The program will be evaluated 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 to gather required data to evaluate and track the overall results and successes of the partnership program. This data will be shared with OSHA and members of the Milwaukee Building & Construction Trades Council.

    OSHA will conduct, write, and submit the annual evaluation with input received from Gilbane and the Milwaukee Building & Construction Trades Council.


    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 reported accidents, complaints, Local Emphasis Programs, or referrals will qualify as the enforcement verification inspection if, in addition to addressing the accident/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 addition to the above enforcement verification inspection, onsite non-enforcement verification reviews will be conducted as part of the quarterly partnership meeting. Union representatives will be part of the inspection group. If non-compliant activity or hazards are discovered, immediate correction is required. Gilbane will document the corrective action taken, and share this information during the quarterly update meetings. A referral for an enforcement inspection will be made if management refuses to correct a serious hazard identified during the non-enforcement verification visit.

    Gilbane and its subcontractors 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 the OSP program.


    Gilbane and its subcontractors, in association with the U.S. Department of Labor/Occupational Safety and Health Administration – Milwaukee Area Office, and all listed unions, will form a partnership committee to monitor the implementation of this Agreement. 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 jobsite audits; make partnership improvements; and evaluate partnership modifications, achievements, and success.

    Gilbane will:

    • Implement Gilbane Construction's comprehensive safety and health management system, which include
      1. management leadership roles,
      2. worker participation,
      3. hazard identification and assessment,
      4. hazard prevention and control,
      5. education and training,
      6. program evaluation and improvement, and
      7. communication and coordination for employers on multi-employer worksites.
    • Mentor subcontractors who have not yet developed their own safety and health management system and, if necessary, refer them to OSHA and/or the Wisconsin On-Site Consultation for assistance.
    • Enforce 100% fall protection for all fall hazards over six (6) feet.
    • Participate in the National Fall Prevention Safety Stand-Down.
    • Participate in national Ladder Safety Month.
    • Share the responsibility for overseeing site safety, serving as a point of contact, and overseeing the partnership goals.
    • Ensure daily safety audits are conducted.
    • Ensure that all subcontractors participate in jobsite 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.
    • Allow OSHA representation to the site for inspection activities (monitoring and un-programmed activities such as fatalities and employee complaints).
    • Audit the partnership and make recommendations for improvement.
    • Share and make available to all workers jobsite inspections and near-misses incidents.
    • Require the use of appropriate personal protective equipment by all entering the worksite. 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 high-visibility clothing as a minimum, will be worn at all times on the worksite.

    OSHA will:

    • Participate in the monthly site audit inspection as resources allow.
    • Designate a Milwaukee Area Office contact to be used as a resource for technical issues, and who will be available to assist with safety and health training/toolbox meetings.
    • Review Gilbane safety and health self-audits.

    Trade Unions will:

    • Represent all unions affiliated with the work trade scopes of this project.
    • Assist in trade jurisdiction and work requirements and can 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 provided under the OSH Act (or, for federal workers, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

  12. OSP TERM

    This agreement will terminate on July 1, 2019, 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 OSP agreement may be implemented in writing if all parties are in agreement that it is in the 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 of the OSHA / Gilbane Construction Partnership Agreement for the Potawatomi Hotel Expansion in Milwaukee, Wisconsin.

    Signed this ____th day of ___________, 2018

    OSHA, Milwaukee Area Office – Area Director

    Printed Name: Christine Zortman, Area Director
    Gilbane Building Company

    Printed Name: Adam Jelen, Senior Vice President
    Milwaukee Building-constriction Trades Council
    The Milwaukee Building & Construction Trades Council

    Printed Name: Daniel Bukiewicz, President
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