Partnership #945 - Agreement - May 8, 2019

US DOL Seal

Phillips Medisize St. Croix
Meadows (PMSCM)
PARTNERING AGREEMENT
BETWEEN
UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
EAU CLAIRE AREA OFFICE

OSHA

AND
Market & Johnson Inc.

Market and Johnson

AND
WISCONSIN ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM

WisCon Onsite Safety and Health Consultation in Wisconsin

  1. Identification of Partners

    The Eau Claire Area Office of the Occupational Safety and Health Administration (OSHA) and Market & Johnson Inc. 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 Phillips Medisize St. Croix Meadows (PMSCM) project in Hudson, Wisconsin, will facilitate the goals of OSHA to reduce occupational-related fatalities and serious injuries within the construction industry.

    Market & Johnson provides construction services to the following markets: healthcare, commercial/office/retail, hospitality/entertainment, educational, religious, governmental, community, environmental, electrical, food processing, and general industrial.

    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 PMSCM project. It is the intent of this agreement to focus combined expertise and knowledge to promote safety and encourage all workers on site to do their part in achieving the same.

    • U.S. Department of Labor's Occupational Safety and Health Administration – Eau Claire Area Office
    • Market & Johnson, Inc.
    • Wisconsin Onsite Safety and Health Consultation Program

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

    The following Labor Unions are participants in this partnership agreement (hereinafter, collectively "Labor Unions"):

    • International Brotherhood of Electrical Workers (14)
    • International Union of Elevator Constructors (9)
    • Laborer's Local (268)
    • Carpenter's Local (1074 & 322)
    • Sprinkler Fitters Local (669)
    • Cement Masons (599)
    • Bricklayers/Cement Finishers Local (19)

  2. Purpose/Scope

    The purpose of this partnership is to provide a safe and healthful work environment for workers involved in the construction industry. Market & Johnson is committed to preventing serious accidents and fatalities during the layout and construction of the PMSCM project in Hudson, Wisconsin, through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.

    The PMSCM project consists of the construction of a precast building of approximately 210,000 gross square feet. The building is comprised of warehouse, production and office space over a partial basement. The building will consist of precast panel construction, structural steel columns and beams, bar joists and metal deck roof.

  3. Goals/Strategies

    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 Section X of this document. Responsibilities are delineated for Market & Johnson, OSHA, Wisconsin Onsite Safety and Health Consultation Program, and Labor Unions.

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

    Goals Strategies Measures
    1) Maintain a project-wide injury and illness rate 25% below the 2017 BLS Total Recordable Case (TRC) rate of 2.7 and Days Away from Work, Restricted or Transfer (DART) rate of 1.4 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.
    3. Assure that wall bracing and Controlled Access Zones (CAZ) are being used and kept up.
    1. Market & Johnson 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. Market & Johnson will compare the site's TRC and DART with the 2017 BLS data published TRC rate of 2.7 and DART rate of 1.4 for construction (NAICS 2362).
    2) Promote a cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.
    1. Conduct daily Safety huddles and identifying tasks, conditions, and standards and discussing potential hazards.
    2. Conduct weekly toolbox safety meetings.
    3. Conduct OSHA-10 classes as needed.
    4. Keep open-door safety policy and encourage hazard reporting.
    5. Conduct hazard analysis during Pre-Task Safety Planning.
    6. Ensure worker participation in safety committee.
    7. Weekly project-wide stand-down meetings.
    1. Document Safety huddle and store in project file.
    2. Minutes from 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 worksheets.
    5. Retain attendance rosters for safety committee meetings.
    6. Document attendance and topics for stand-down meetings.
    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, asbestos, lead, carbon monoxide, heat stress, cranes, and noise.
    1. Implement a six-foot fall protection rule for the project.
    2. Work with precast and steel erector subcontractor to ensure safe work practices for high-reaching aerial boom lift.
    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 proper hand protection for the assigned task with all contractors on site.
    5. Conduct site audits and daily site walk-through.
    6. Weather alerts and monitoring as appropriate.
    7. The use of personal entertainment or electronic devices is not allowed on the worksite.
    8. Implement silica exposure control program with integrated engineering controls for every task with potential exposure to silica dust using additional administrative/PPE controls as required.
    9. Monitoring is conducted when a combustion-emitting source is used inside an enclosed area.
    1. Review six-foot fall protection requirements with all workers on site and document training on the site orientation forms.
    2. Document pre-planning and aerial lift reviews with all affected contractors.
    3. Document compliance of assured grounding program for each contractor quarterly.
    4. Crew leadership will conduct daily personnel pre-construction checks and inspection to ensure availability and use of proper clothing and PPE.
    5. Pre-plan site safety personnel will track daily, weekly, and monthly audits to ensure that the most common hazards are addressed.
    6. Weather will be tracked for the number of alerts and number of times the site modified work practices.
    7. Use OSHA log 300 to track the number of work-related injuries and illnesses and perform trend analysis.
    8. Conduct silica exposure monitoring for concrete work and other tasks as determined.
    9. Monitor carbon monoxide levels and take corrective actions when levels are elevated. At no time will levels above 35 ppm be allowed without immediate actions.
    4) One hundred percent (100%) of contractors and subcontractors to have site-specific, comprehensive written safety and health programs.
    1. Written safety and health programs will be required for all contractors, subcontractors, and tier-subcontractors.
    2. WisCon will review and assist all contractors in developing or improving safety programs.
    1. Market & Johnson will track and maintain copies of all contractors' and subcontractors' safety and health programs.
    2. WisCon will review all contractor programs.
    5) Electronic (tablet)-based inspection documentation will be used at the worker level to document worksite hazards during the weekly walk-around audit, along with the ability to research the correct answer.
    1. Training materials can be in the form of videos, PowerPoints, and/or documents. The information should be developed in various formats to take advantage of web postings, conferences, and social media.
    1. Market & Johnson will develop training material(s) in the effective use of the electronic (tablet) worksite inspection process for other contractors and workers.
    6) 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. Market & Johnson will provide the tablet and a M&J Safety Rep. to walk with the assigned subcontractor or M&J employee.

  4. Safety and Health Management Systems

    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
    Market & Johnson will implement an SHMS patterned after OSHA's "Recommended Practices for Safety and Health Programs 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. https://www.osha.gov/shpguidelines/docs/8524_OSHA_Construction_Guidelines_R4.pdf

    Worker Participation
    The workers will be encouraged to report jobsite hazards and bring all potential hazards to the attention of Market & Johnson and/or supervisors if discovered for immediate response and correction. This will be encouraged in the following ways:

    • Market & Johnson will hold a Job Site Safety Orientation with each worker prior to performing work on site.
    • Market & Johnson will provide a system to allow workers to report potential jobsite hazards to Market & Johnson and/or supervisors upon discovery and stop work if necessary. Market & Johnson will require all workers to attend weekly stand-down meetings.
    • Market & Johnson will participate in monthly safety audits and provide all contractors and 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 will provide a schedule at the beginning of each month.
    • On-site hazard training will be provided by Market & Johnson.

    Hazard Identification and Assessment
    This project will focus on safety at all times and Market & Johnson will enforce jobsite safety compliance to OSHA standards including, but not limited to, the following ways:

    • Market & Johnson will conduct daily site inspections and review all contractors, subcontractors, workers, and site conditions for safe practices.
    • Market & Johnson will take immediate action to correct any unsafe conditions.
    • Market & Johnson will continually monitor all workers, visitors, and others entering the worksite to ensure safe conditions throughout the worksite.

    Hazard Prevention and Control
    Market & Johnson 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.

    • Market & Johnson or the responsible contractor will ensure that hazard correction procedures are in place.
    • Market & Johnson will hold Toolbox Talks and the responsible contractor will ensure that everyone knows how to use and maintain personal protective equipment.
    • Market & Johnson or the responsible contractor will make sure that everyone understands and follows safe work procedures.

    Education and Training
    Market & Johnson 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.

    • Market & Johnson or the responsible contractor will ensure only properly authorized and instructed workers are allowed to do any job. Proper training documentation will be required for anyone using boom lifts, scissors lifts, scaffolding on this Market & Johnson job site.
    • Market & Johnson or the responsible contractor will install controlled access zones and mark areas with overhead work.
    • Market & Johnson or the responsible contractor will ensure workers do not do a job that appears to be unsafe.
    • Market & Johnson or the responsible contractor will ensure that supervisors are trained to recognize hazards and understand their responsibilities.

    Program Evaluation and Improvement
    Market & Johnson understands that once a safety and health program is established, it should be evaluated to verify that it is being implemented as intended. After that, employers should periodically, 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
    Market & Johnson 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.

  5. Worker Involvement

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

  6. Performance Measures

    Performance measures as outlined in Section III will be used to assess the effectiveness of the partnership. Market & Johnson will gather and track data for the performance measures on a monthly basis and share the information with OSHA as specified in Appendix B of OSHA Directive CSP 03-02-003.

  7. Evaluation

    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 Market & Johnson 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 the Wisconsin Onsite Safety and Health Consultation Program.

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

  8. Verification Procedures

    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 will complete a focused inspection protocol for the worksite. These inspections include the potential for issuing citations and assessing penalties for violations.

    Onsite non-enforcement verification consisting of worksite reviews will be conducted as part of the monthly partnership meeting. A union representative can choose to be part of the inspection group. If non-compliant activity or hazards are discovered, immediate correction is required. Market & Johnson will document the corrective action taken. A referral for an enforcement inspection will be made if management refuses to correct a serious hazard identified during the non-enforcement verification visit.

    Market & Johnson and its subcontractors will remain subject to OSHA inspections and investigations in accordance with agency procedures.

  9. Incentives

    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 partnership program.

  10. OSP MANAGEMENT AND OPERATION

    Market & Johnson and its contractors, in association with the U.S. Department of Labor/Occupational Safety and Health Administration – Eau Claire Area Office, Wisconsin Onsite Safety and Health Consultation and all listed Labor 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. Market & Johnson 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; implement partnership improvements; and evaluate partnership modifications, achievements, and success of the partnership.

    Market & Johnson will:

    • Implement comprehensive safety and health programs, 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 program and, if necessary, refer them to OSHA and/or Wisconsin On-Site Consultation for assistance.
    • Enforce 100% fall protection for all fall hazards over six (6) feet.
    • Participate in the National Safety Fall Protection Stand-Down.
    • Share the responsibility for overseeing site safety, serving as a point of contact and overseeing the partnership goals.
    • Ensure daily safety audit is conducted.
    • Ensure that all subcontractors participate in jobsite safety meetings/toolbox talks on a weekly basis and document all attendance and topics.
    • Share monthly accident reports with the partners, including first aid, injury, property damage, and near-miss reports.
    • Onsite non-enforcement verification reviews will be conducted as part of the monthly partnership meeting. A union representative can choose to be part of the inspection group. If non-compliant activity or hazards are discovered, immediate correction is required. Market & Johnson will document the corrective action taken. A referral for an enforcement inspection will be made if management refuses to correct a serious hazard identified during the non-enforcement verification visit.
    • Allow OSHA access to the site during 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 information regarding jobsite inspections and near-miss incidents.
    • Require the use of appropriate personal protective equipment by everyone entering the worksite. Appropriate personal protective equipment including 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:

    • As resources allow, participate in the monthly site audit inspection as part of the Committee.
    • Designate an Eau Claire 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 Market & Johnson safety and health self-audits.

    Wisconsin On-Site Safety and Health Consultation Program will:

    • Appoint a representative to the Committee.
    • Participate in monthly safety audit(s).
    • Provide/assist in training as resources permit.
    • Provide industrial hygiene and safety consultation services upon request.

    Labor Unions will:

    • 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.

  11. Worker and Employer Rights

    This OSP Agreement does not preclude workers and/or employers from exercising any right 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 OSP Agreement will terminate on May 1, 2020, 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.

Signed this 8th day of May, 2019

OSHA

OSHA, Eau Claire Area Office

Signature:_________________________________________
Printed Name: Mark Hysell, Area Director
Market and Johnson

Market & Johnson, Inc.

Signature:_________________________________________
Printed Name: Mike Shea, Project Manager
WisCon Onsite Safety and Health Consultation in Wisconsin

Wisconsin Onsite Safety and Health Consultation Program

Signature:_________________________________________
Printed Name: Steve Strebel, WisCon Acting Program Manager
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