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OSHA Strategic Partnerships Program > Region 1 > #542 Partnership Agreement
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Partnership - An OSHA Cooperative Program
PARTNERSHIP
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
PROVIDENCE AREA OFFICE
AND
SKANSKA USA BUILDING INC.,
AND
RHODE ISLAND BUILDING AND CONSTRUCTION TRADES COUNCIL

I. PURPOSE AND SCOPE

Skanska USA Building Inc., the Rhode Island Building and Construction Trades Council, and the United States Department of Labor, Occupational Safety and Health Administration (OSHA), Providence Area Office (PAO) mutually recognize the importance of ensuring a safe and healthful work environment in the construction industry in the State of Rhode Island. To advance this mutual goal, the partnership between Skanska USA Building Inc, Providence OSHA and the Rhode Island Building and Construction Trades Council, has been established to formalize a cooperative effort between these entities, committed to encouraging companies to improve their safety and health performance voluntarily, providing methods to assist them in their efforts, and recognizing companies with exemplary safety and health programs.

This partnering agreement, which has been developed for the Skanska USA Building Inc, project located at T.F. Green Airport in Warwick, RI, will be limited to the Skanska USA Building Inc, and specialty or trade contractors at the site. Skanska USA Building Inc will request specialty or trade contractors to join the partnership at the time they start working on the site. The partnership will provide benefits to, Skanska USA Building Inc and the specialty or trade contractors, which include, among others, special recognition from OSHA and priority in compliance assistance programs.

The Skanska USA Building Inc project components consists of an in-line EDS Baggage Handling System, Security Screening Checkpoint Expansion, Administrative Office Expansion, Accelerated Lobby Infill and Pre-Screening Concessions, Security Bypass Sloped Walkways, Concessions Expansion, Ticket Counter Expansion and Bag Belt Consolidation. The project incorporates approximately 93,000 square feet of new construction and 244,000 square feet of renovated space at a projected cost of approximately 80 million dollars. It is anticipated that at the peak of the project, Skanska USA Building Inc and its approximately thirty-five (35) specialty or trade contractors will employ approximately one hundred and fifty (150) trade employees on this project.

The Skanska USA Building Inc, retains all rights guaranteed under the Occupational Safety and Health Act (OSH Act), including the right to appeal or contest citations issued by OSHA.

II. PARTNERS

The following are identified as partners:
  1. U.S. Department of Labor-OSHA, Providence Area Office.
  2. Skanska USA Building Inc
  3. Specialty and/or Sub- contractors working at the site.
  4. Rhode Island Building and Construction Trades Council
III. GOALS / STRATEGIES / MEASURES
 
GOALS STRATEGIES MEASURES
1) Reduce workforce fatalities, serious injuries, and illnesses and provide a safe work environment for employees at the T.F. Green Airport Expansion Project.

2) Reduce by 5% annually the number of injuries, illnesses, and fatalities affecting participating employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by, caught-in/between, electrocution and trenching.

3) Decrease worker compensation costs and the number of OSHA citations for this project within PAO’s jurisdiction.
a) Skanska USA will establish a system to collect and analyze injury and illness trends (including near-miss incidents) by all contractors performing work at the site. This data will be used as a tool for continual safety and health program improvement. i. OSHA’s 300 injury and illness data.

ii. Number of site inspections performed at the site by the Skanska USA Building Inc., or any third party.


iii. Number of hazards identified and corrected.
4) Allow OSHA to focus resources on companies that require attention from OSHA, rather than companies that have demonstrated existence of effective safety programs.

5) Make safety and health resources available to Skanska USA Building Inc, and its specialty or trade contractors on site, as resources allow.
a) Develop and implement a comprehensive safety and health program that adheres to, or exceeds, both the OSHA Safety and Health Program Management Guidelines. The comprehensive written safety and health program will, at a minimum:
  1. Include employee involvement.
     
  2. Include effective employee training for avoidance of hazards specific to the company's work site.
     
  3. Provide construction site supervisors and foremen (including supervisors and foremen of specialty or trade contractors) and all employees with the OSHA's 10-hour Construction Safety Course to be able to recognize work hazards and have the authority to take prompt action.
     
  4. Require 100% fall protection for all activities above six (6) feet.
b) Require all specialty or trade contractors onsite to work toward implementing a "zero tolerance" safety practice in order to help achieve the desired reduction of worksite incidents.

c) Designate a competent person at the worksite.
i. Number and type of training conducted.

ii. Number of employees trained.
6) It is anticipated with minimal use of OSHA resources, this OSPP will result in improved safety and health programs, a higher level of employee safety and health training, and as a secondary benefit, improved job site safety and health program commitments by other specialty or trade contractors working with/for the OSPP participants.

7) Foster open and continuing communication between the partners.
a) Conduct and document weekly safety training at the worksite.

b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends and establishing an industry baseline.

c) Compile a summary of the number of inspections made by the Skanska USA Building Inc’s Safety Director (or their designee) and any third party. The report will be broken down into the four major categories of construction-focused hazards, and will show the number of items within the four (4) categories that were corrected.

d) Have designated personnel conduct documented safety inspections. These personnel will have the authority to take prompt corrective action.

e) Set a positive example for desired safety behavior and establish goals and accountability for safety excellence.
See Above
8) Share knowledge of the best practices.

9) Offer support by the partners for contractors and compliance officers’ training. Skanska USA Building Inc, will establish a training goal for each year of participation in the partnership.
a) Conduct and document weekly safety training at the worksite.

b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends and establishing an industry baseline.
i. Number and type of training conducted for supervisors

ii. Percentage of employees trained by OSHA.

IV. EVALUATION

An annual evaluation of this partnership will be conducted within thirty (30) days of the first anniversary of the signing of the agreement. The Appendix C of the Directive CSP [03-02-002], "OSHA Strategic Partnership program for Worker Safety and Health," will be used to provide pertinent information needed to assess the partnership.

It will be the responsibility of the Skanska USA Building Inc, to gather required participant data to evaluate and track overall results and success of the partnership.

After the first year of the partnership, subsequent evaluations are to be conducted at least thirty (30) days prior to the anniversary of the signing.

V. BENEFITS

In good standing, the Skanska USA Building Inc, will receive the following benefits from OSHA:
  1. Special recognition, which may include but is not limited to, press releases issued by OSHA and recognition on OSHA’s web page designating the Skanska USA Building Inc, as a participant in the SPP.

  2. Availability of informational materials such as safety and health publications and electronic tools.

  3. Following the necessary onsite enforcement inspection(s) conducted to meet OSHA Strategic Partnership verification requirements, it will not be necessary to conduct a programmed inspection at T.F. Green Airport, Terminal Improvement Project, 2000 Post Road, Warwick, RI, Partnership Agreement project site within the next twelve (12) months.

  4. Priority status to the Skanska USA Building Inc and specialty or trade contractors for compliance assistance and outreach activities, including the OSHA 10- Hour Construction Course, as resources allow.

  5. If cited, the Skanska USA Building Inc, and specialty or trade contractors that join in the partnership may be provided an additional 10% reduction for good faith beyond the reductions provided in the Field Inspection Reference Manual (FIRM) where the Skanska USA Building Inc, in implementing this SPP, has taken specific steps beyond those provided in the FIRM, to implement the Act. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations.
Although certain benefits described above may modify OSHA enforcement procedures, OSHA personnel will continue to investigate workplace complaints, referrals, fatalities, catastrophes, and other significant accidents or events at the site, per standard Agency procedures.

VI. VERIFICATION PROCEDURES
  1. To determine contractor compliance with the terms of the agreement, an on-site comprehensive enforcement verification inspection will be conducted within thirty (30) days from the signing of the partnership agreement. Citations and penalties may be issued, when appropriate, as a result of this inspection. Enforcement verification inspections are performed in accordance with the applicable sections of the OSHA FIRM, and other enforcement guidance documents.

  2. If additional inspections are necessary they will be conducted in accordance with the FIRM and other applicable enforcement documents. A focused inspection, concentrating on the project safety and health program/plan, and the four leading hazards in construction: falls, electrical hazards, caught in/between hazards, and struck by hazards may be performed where upon initial inspection of the site the CSHO determines that the contractor meets the requirement of the Focused Inspection Initiative.

  3. The Area Director will determine the number of inspections necessary based upon the following guidelines:

    • the number of inspections needed to cover all the types of work performed by the employer,
    • the quality of the safety and health management system evidenced during the initial verification,
    • the number and nature of citations and penalties issued to the employer in the three years prior to the partnership application
    • the phases of construction and the nature of the hazards associated with such work
    • the geographic scope of the partnership
    • other factors which OSHA determines may affect its ability to fully and accurately assess the effectiveness of the participant’s safety and health management system.
VII. MANAGEMENT AND OPERATION OF PARTNERSHIP PROGRAM

A Partnership Management Team (PMT) with members from the Skanska USA Building Inc, Rhode Island Building and Construction Trades Council, and OSHA will oversee and coordinate this partnership. The team will determine partnership procedures, which will include measures to be used and data to be collected, hold conference calls, and meet at least annually to evaluate the effectiveness of the agreement.

Once the baseline is established, during the annual evaluation it will be determined whether the annual goal of a 5% reduction in the number of injuries, illnesses, and fatalities has been met. Skanska USA Building Inc, and PAO are responsible for collecting baseline and annual performance data upon which the OSPP will be measured. Skanska USA Building Inc, aggregate injury and illness incidence rates (total case rates) and fatality rates will be compared with the most current BLS published data to determine whether goals have been met.

VIII. EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

IX. TERM

This agreement will terminate two (2) years from the day of signing. If either OSHA, the Skanska USA Building Inc, Rhode Island Building and Construction Trades Council, , 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.

XI. SIGNATORIES

Signed this____ day of ______, 2007.

 


 
Patrick J. Griffin
Occupational Safety & Health Administration
Providence Area Office


 
Steven Eustis Skanska Rep
Account Manager
Skanska USA Building Inc


 
Michael J. Ruggieri
President
Rhode Island Building and Construction Trades Council


 
Jane Guerette
Regional Environmental and Safety Director
Skanska USA Building Inc
 
 
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  Page last updated: 05/22/2007