OSHA STRATEGIC PARTNERSHIP AGREEMENT
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
DALLAS AREA OFFICE
HOLDER CONSTRUCTION GROUP, LLC
(AMERICAN AIRLINES IOC PARKING DECK)
IDENTIFICATION OF PARTNERS
To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries within the construction industry, OSHA and Holder Construction Group, LLC ("Holder") have agreed to enter into a cooperative partnership agreement with respect to the Project which will effectively implement all facets of jobsite safety and achieve self-compliance through cooperative efforts from labor, management, and OSHA.
This partnership is designed to address the hazards within the construction industry, and to promote and recognize a jobsite controlled by a contractor that has demonstrated an effective safety and health program. The Partnership agreement is an effective tool for ensuring safety at the project. It will serve to establish a cooperative effort in ensuring safety and maintaining an open line of communication between OSHA and contractors on the worksite. The 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, and encourages increased participation in the safety process from the construction community.
The Occupational Safety and Health Administration (OSHA), Dallas Area Office and the Holder Construction Group, LLC "(Holder)."
PURPOSE / SCOPE
This partnering agreement was developed jointly by OSHA Dallas Area Office and Holder. The common objective and goal of the agreement is to provide a safe and healthful work environment for employees involved in the construction industry and to help prevent serious accidents and fatalities within the industry through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.
GOALS AND STRATEGIES
Employers who choose to enter into this partnership will receive OSHA assistance (as resources allow) and an annual on-site enforcement inspection in accordance with approved protocols.
The overall goal of the 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. This partnership will strive to achieve that goal by establishing a foundation of proactive measures which will include:
- Promoting a Zero Accident Culture at the Project;
- Developing a model safety and health program, utilizing OSHA’s updated Recommended Practices for Safety and Health Programs as a model;
- Provide for collaborative training opportunities between Holder and the Dallas Area OSHA Offices;
- Collaborate, using Holder and OSHA Dallas Area OSHA Office resources, to create and disseminate new safety and health materials to all participants;
- Mentoring and training participating subcontractors and their employees;
- Increasing communication and mutual respect between stakeholders;
- Developing a business/labor/government partnership approach to safety management;
- More efficiently directing OSHA resources towards the construction industry whose safety and health efforts require the most assistance.
These goals shall be achieved through vigorous self-inspection and implementation and verification of written comprehensive safety and health programs. While this partnership focuses on specific safety and health elements, partners are encouraged to implement a comprehensive Safety and Health Management System (SHMS) based on the following guidelines:
Implement a comprehensive job site inspection program by:
Ensure employees receive training as follows:
Require subcontractors who have written safety and health programs to submit them to Holder. Those that do not have their own written safety and health programs will adopt Holder’s safety and health program.
Ensure health-related issues arising during the course of the construction work are adequately addressed internally by Holder. All health-related issues will be discussed during the quarterly partnership safety meetings.
An assessment of work areas will be conducted as appropriate to determine what, if any, respiratory protection is necessary to prevent harm to employees from potential overexposures to hazardous levels of dust, fumes, mists, vapors or gasses. Each Subcontractor is responsible for conducting assessments and/or sampling for respiratory hazards associated with their scope of work. A written Respiratory Protection Plan that complies with all Federal, State, and Local regulations must be submitted to the Holder and authorized prior to activities requiring respiratory protection.
Ensure compliance with NFPA 70E when working on live electrical equipment, including training and the availability and use of personal protective equipment. A system of control procedures will be implemented to oversee the implementation of appropriate protective measures prior to exposure.
ARC Flash training to be provided.
Ensure all equipment capable of worker extremity amputations is adequately guarded per OSHA and equipment manufacturer requirements.
Utilize a third-party, independent, qualified/certified crane inspector to inspect all long-term cranes after they have been erected and certify them for safe operation. A recent inspection (less than one year) by a certified crane inspector will be required for all cranes. Tower Cranes are inspected monthly and mobile cranes are inspected quarterly. Inspections must be current within 30 days upon arrival on site.
Establish and utilize a program to insure that all crane operators are competent and certified to operate the specific crane in use. Crane Operators are required to have their Certification of Crane Operators (CCO).
Plan all critical lifts to be performed during the construction of the Project. Lifts over 50% are considered critical and require additional documentation, such as the Critical Lift Checklist. Critical Lift loads will not exceed 75% of crane load chart capacity.
- Utilizing technological tools, such as SafetyNet and other means, such as Job Hazard Analysis or the Job Safety Analysis to effectively reduce or eliminate potential hazards to employees working at the site.
- Effectively correcting hazards found during the project on a day-to-day basis.
- Ensure all serious hazards are controlled through safe processes or procedures.
- Implement an aggressive Fall Protection Plan to include fall protection in all cases where work is being performed six feet or more above lower surfaces.
- Utilize third-party Risk Engineers to conduct monthly site surveys.
- Will achieve 100% of on-site supervisory personnel (e.g. safety superintendents, assistant superintendents, and field engineers) and 50% of the major subcontractor competent person designees will complete the 30-hour OSHA construction course (or its equivalent). Subcontractors can utilize other instructors as long as they can show a valid certification card showing completion of the course.
- All employees will receive a site-specific construction safety orientation covering jobsite safety and health issues and procedures relative to the work being performed and the requirements outlined in this Partnership Agreement.
- Safety and health training to subcontractors with Spanish speaking employees will be conducted in Spanish should the need arise. The training classes offered are listed below:
- OSHA 10-Hour
- First Aid / CPR / AED
- Scaffold / Fall Protection
- Excavation / Confined Space
- Other hazard-specific training will be conducted on an as-needed basis.
- Provide training for employees in the OSHA 10-hour construction course. Subcontractors can utilize other instructors as long as they can show a valid certification card showing completion of the course. Subcontractors have primary responsibility for providing this training. OSHA will provide assistance as needed.
The Dallas Area OSHA Office will conduct an enforcement verification inspection and a non-enforcement verification inspection.
The measurement system will use the OSHA 300 logs and self-inspections to determine the Days Away, Restricted and Transferred rate (DART) for the participating contractors and compare to the average for the construction industry nationally.
Monthly reports will indicate the applicable number of employers, supervisors and employees trained. Records will be maintained of training certifications. All contractors will be required to conduct daily and/or weekly safety toolbox talks, which will be reported as training hours.
Outcome measures will be gathered on a monthly basis and will incorporate data to analyze the number of employees surveyed, number of injuries, illnesses, fatalities, and serious hazards found and abated as a result of onsite audits and job site inspections.
Measurement factors will be compiled monthly and submitted to the OSHA Partnership Coordinator.
Partnership Evaluation: The partnership will be evaluated by the Dallas Area Office on an annual basis, in accordance with the Strategic Partnership Annual Evaluation Format measurement system as specified in Appendix C of CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health Directive.
OSHA may ask that the following information be provided by the company during the on-site enforcement verification visit, for review or collection by OSHA:
- OSHA 300/300A and 301 Logs of Injuries and Illnesses.
- Exposure assessment data for all hazardous chemicals to which employees may exposed.
- Number of employee training sessions held, number of employees and supervisors/managers trained.
- Number of and results of safety /health audits and inspections, which may include hazards identified and corrected.
- Any documentation relating to employee involvement or participation, including minutes of safety meeting.
- Any documentation of communication between management and employees (may include computer memos, feedback on each suggestion, or other appropriate documentation).
- Any documentation relating to any partners participation in health or safety seminars (i.e. 10 and 30-Hour Construction Safety and Health Courses, Safety and Health Fair, Trade Shows, etc.).
Maximum penalty reductions for all tiered contractors working on any partnership jobsite as allowed in the OSHA Field Operations Manual (FOM) for good faith and history. When calculating the initial penalty reduction, OSHA will grant the 25% reduction provided in the OSHA FOM where the employer has taken specific, significant steps beyond those provided in the OSHA FOM to achieve a high level of employee protection. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations.
Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by OSHA as resources allow.
OSHA INSPECTIONS & VERIFICATIONS
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/Regional Emphasis Programs, or Referrals will qualify as a verification inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite.
The enforcement verification visits will be conducted within 6 months of the partner member signing. OSP verifications must be performed in accordance with the OSP Program Directive, CSP [03-02-002].
OSHA, in addition, will conduct at least one non-enforcement verification inspection annually. Non-enforcement inspections will be conducted by an OSHA Compliance Assistance Specialist (CAS). Non-enforcement inspections will be planned and coordinated by Holder. OSHA will report the hazards identified and recommendations will be made to each exposing contractor and Holder. Abatement will be made by each exposing contractor and documentation thereof sent to Holder and the OSHA CAS.
Holder and its subcontractors will remain subject to OSHA inspections and investigations in accordance with agency procedures. OSHA will continue to investigate fatalities and catastrophes that occur at member companies as well as formal complaints received.
PARTNERSHIP MANAGEMENT & OPERATION
Selection Criteria for Participants
Executive Commitment: Participants agree to submit a letter stating executive commitment to develop and maintain a safety and health program for construction this construction project. It should make clear such a program is a priority for the officer and that he (or she) will personally track programs and hold managers accountable for administration of the program. The letter should be addressed to the OSHA Area Director. A similar letter should be addressed to managers and employees and posted for two months in the workplace. Such letters must also be translated (in writing) in the language of the workers.
Commitments to develop a safety and health program, below are the elements of such a program:
Management Commitment and Employee Involvement
Member agrees to:
- State a worksite policy on safe and healthful work and working conditions, so that all personnel with responsibility at the site (and personnel at other locations with responsibility for the site) fully understand the priority and importance of safety and health protection in the organization.
- Establish and communicate a clear goal for the safety and health program and define objectives for meeting that goal so that all members of the organization understand the results desired and measures planned for achieving them.
- Provide visible top management involvement in implementing the program so that all employees understand that management's commitment is serious.
- Arrange for and encourage employee involvement in the structure and operation of the program and in decisions that affect their safety and health so that they will commit their insight and energy to achieving the safety and health program's goal and objectives.
- Assign and communicate responsibility for all aspects of the program so that managers, supervisors, and employees in all parts of the organization know what performance is expected of them.
- Provide adequate authority and resources to responsible parties so that assigned responsibilities can be met.
- Review program operations at least quarterly to evaluate their success in meeting the goals and objectives so that deficiencies can be identified and the program and/or the objectives can be revised when they do not meet the goal of effective safety and health protection.
Member agrees to:
- Conduct periodic workplace inspections/audits for the purpose of identifying and correcting safety and health hazards. Fall, electrical, struck by and caught between hazards will be documented and corrected.
- Inspections/audits will be conducted as frequently as deemed necessary by the company, but in no case less than once every month
- The company will utilize the services of the Safety Representative or their designee to perform these inspections/audits in addition to their own inspection/audit.
- Perform routine job hazards analyses.
- Provide a reliable system for employees to notify management personnel about conditions that appear hazardous and to receive timely and appropriate responses and encourage employees to use the system without fear of reprisal. This system utilizes employee insight and experience in safety and health protection and allows employee concerns to be addressed.
- Investigate accidents and "near miss" incidents so that their causes and means of prevention can be identified.
- Maintain records of recordable injuries and illnesses as required by OSHA.
- Analyze injury and illness trends to identify work practice improvements or material modifications necessary to prevent accidents.
- The safety and health official will prepare an annual analysis of the company’s safety and health program. This will include a summary of all major hazards found and corrected through inspection and safety committee efforts, those still uncorrected, injury/illness trends, and recommendations for safety and health improvements.
Hazard Prevention and Control
Member agrees to:
- Establish, at the earliest time, safe work practices and procedures that are understood and followed by all affected parties. Understanding and compliance are a result of training, positive reinforcement, correction of unsafe performance, and if necessary, enforcement through a clearly communicated disciplinary system.
- Provide personal protective equipment.
- Plan and prepare for emergencies, and conduct training and emergency drills, as needed, to ensure that proper responses to emergencies will be "second nature" for all persons involved.
- Establish a medical program that includes first aid onsite as well as nearby emergency medical care to reduce the risk of any injury or illness that occurs.
Safety and Health Training
Member agrees to:
- Instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.
- Train workers on fall protection and prevention of electrocutions, caught-between and struck-by accidents.
- Train select personnel in basic first aid and CPR
- Train personnel in hazard communications.
- Make material safety data sheets (MSDS)/safety data sheets (SDS) available to any requesting employee.
- Train workers in any other aspects that will enable them to do their jobs safely.
- Train workers in "I Am Safety" which provides workers with information on recognizing and avoiding construction safety and health hazards, as well as the authority to stop work.
Cooperation with OSHA
Member agrees to:
- Allow OSHA to conduct an annual on-site enforcement verification visit in accordance with this partnership agreement. The inspection may result in citations and penalties being issued to the company.
- Cooperate with OSHA during all inspections and to share information on its safety and health program, program analysis, recordkeeping data, and internal inspection/audit results.
- Allow an employee representative to participate on OSHA inspections and to allow interviews with workers.
- Post notices of imminent danger, when issued by OSHA, and then will immediately correct the hazards or voluntarily remove workers from exposure.
- OSHA will endeavor to support the company in reasonable requested training.
- OSHA will furnish technical advice, publications and training material to the employer upon request. Such requests will not cause an OSHA inspection.
- Informal complaints (unsigned) --- participant will have an opportunity to resolve such complaints; however, if corrections are inadequate, an inspection may be made to compel compliance.
- OSHA will participate as available in the monthly Partnership Committee meetings.
It is stipulated that partnering employers remain subject to OSHA inspections and investigations in accordance with established Agency procedures.
Limited Scope Inspections
- OSHA will conduct un-programmed inspections in accordance with the current Agency enforcement policies and procedures, as specified in the Field Operations Manual CPL 02-00-148.
- OSHA will conduct fatality/accident investigations.
- OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer.
Holder will be responsible for providing the required monthly evaluations to the Compliance Assistance Specialist at the Dallas Area OSHA Office.
EMPLOYEE AND EMPLOYER RIGHTS
This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, nor does it abrogates responsibilities to comply with rules and regulations adopted pursuant to the Act.
If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated.
This agreement will terminate when the project is completed. If either OSHA or Holder wishes to withdraw their participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.
For non-signatory participants of the partnership, OSHA may terminate the participant's involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with a written notice of the intent to withdraw to OSHA.
OSHA will terminate the participant’s agreement or involvement for any sustained willful violation or any sustained failure-to-abate situations.
OSHA will terminate the participant’s agreement or involvement for a fatality or catastrophic event that occurs at the site. The partnership will terminate and will be closed for the duration of this project.
OSHA will terminate the participant’s agreement or involvement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act.
TERM & LOCATION OF PARTNERSHIP AGREEMENT
This partnership will expire at the completion of this project.
Signed this ___ day of _________ 2017
Jorge Cisneros, Corporate Safety Director
Holder Construction Group, LLC
Cesar Ponce, Superintendent
Holder Construction Group, LLC
Tracy Turner, Vice President
Holder Construction Group, LLC
U. S. DOL - OSHA
Dallas Area Office
Management Commitment Letter
Application Site Information
Mr. Basil Singh
U.S. Department of Labor - OSHA
1100 E. Campbell Rd,
Richardson, Texas 75081
Dear Mr. Singh,
Holder Construction Group, LLC ("Holder") is committed to a comprehensive safety and health program that will involve employees at all levels. It is our goal to include the employee in safety and health inspections, and safety and health program analysis.
Holder will focus our efforts on providing safety and health training to our employees in the four areas where most accidents occur in the construction industry: falls, struck by, caught in between and electrocutions hazards. To accomplish this goal, we will utilize the Holder Safety designee to assist in maintaining records of all injuries occurring in the work place, conducting inspections of the work place and providing training to all associates.
STRATEGIC PARTNERSHIP APPLICATION SITE INFORMATION
Employer Name: Holder Construction Group, LLC
Name of Project: American Airlines Campus
Est. Completion Date
AA Building 6
4440 American Blvd.
Fort Worth, TX 76155
AA IOC Parking Deck
4992 American Blvd.
Fort Worth, TX 76155
AA TCC Parking Deck
To be determined
OSHA STRATEGIC PARTNERSHIP WEEKLY SELF INSPECTION
Employer Name: Holder
Name of Project: Dallas_______ Project
Total number of employees on-site: ________
Number of Days Away cases: ________
Number of restricted/Transferred cases: ________
Hazards identified and corrected:
Report for the Month of: ________
Number of Sub Contractors/Companies in Partnership: ________
Number of Self Inspections Performed: ________
Number of Workers Covered by Self Inspection: ________
Training Hours: ________
Type of Hazards
# Immediately Corrected
# Corrected within 1 Week
Struck by Hazard
Caught In/Between Hazard
# of employees
# of supervisors
Inspection(s) conducted by: