I. BACKGROUND/IDENTIFICATION OF PARTNERS AND SITE
A. Background
To facilitate the goal of reducing occupational fatalities and injuries within the construction
industry, OSHA, the United Illuminating Company (UI), and Black & Veatch Energy (B & V) collectively
the “Partners” have agreed to enter into a cooperative partnership agreement that will effectively
implement all facets of jobsite safety and health through cooperative efforts by labor, management,
and OSHA.
This partnership is designed to address hazards within the construction industry and to promote and
recognize jobsites controlled by contractors who have implemented an effective safety and health
program. This Partnership Agreement is an effective tool for ensuring safety and health at the
Middletown-Norwalk Transmission Project in Southern Connecticut. This Partnership will establish a
cooperative effort to ensure safety and maintain an open line of communication between OSHA and the
contractors on the worksite. This Partnership is consistent with OSHA’s long-range efforts to
develop a contractor/government partnership approach to safety management. It allows for innovation
in safety management and encourages more participation in the safety and health process by the
construction community.
B. Project Description
The Middletown - Norwalk Transmission Project is a system of higher capacity power lines required to
address Connecticut’s growing energy needs. There are two major utilities involved in the
construction of the Project, “The Connecticut Light and Power Company” (Northeast Utilities) (CL&P)
and The United Illuminating Company (UI). The Project has been broken into four segments. CL&P is
primarily involved with segments 1, 2, and 4 while the UI and its construction manager Black &
Veatch (B & V) are primarily involved with segment 3. Segment 3 encompasses approximately 24 miles
along the I-95 corridor from the towns of Stratford to Norwalk Connecticut. The UI and B & V’s
portion of the project will consist of the erection of the new Singer Substation in Bridgeport, the
construction of 6 miles of underground concrete-encased duct line and the connection of underground
lines to the Singer and Pequonnock Substations. The total cost of the UI’s portion of the Project is
estimated at $250 million. The Project is expected to be completed in December 2009. This
Partnership applies only to the UI and B & V portion of the project, i.e., to segments 3 and 4.
C. Partners
Region I Occupational Safety & Health Administration
The United Illuminating Company (UI)
Black & Veatch Energy (B & V) (UI’s construction Manager)
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by United Illuminating Company UI, Black & Veatch B
& V and OSHA. The common objective and goal of this Agreement is to provide a safe and healthful
work environment for employees involved in the construction industry and to help prevent fatalities
and serious accidents and injuries within the industry through increased training, implementation of
best work practices, enhanced safety and health programs, and compliance with applicable OSHA
standards and regulations.
By focusing the efforts of the partners and utilizing the skills, knowledge and resources of OSHA,
the Partners expect to reduce the risk of exposure to hazards and the incidence of fatalities and
serious injuries on segments 3 and 4 of the Middletown – Norwalk Transmission Project. Increased
communication between the stakeholders and the resultant mutual respect are additional benefits
expected to be realized from this cooperative and voluntary Partnership.
According to 2004 data from the Bureau of Labor Statistics, construction in that year had a fatality
rate of 11.9 per 100,000 full-time employees compared with the rate in manufacturing, which was 2.8
per 100,000 full-time employees. In Connecticut for 2003, the Days Away, Restricted, and Transferred
(DART) rate per 100 full-time employees for construction was 7.1 compared with the national average
of 3.6. The top causes of fatalities, injuries and illnesses on projects such as this in the
construction sector of employment are those associated with: falls; struck by equipment or
machinery; electrocution; cut and cover work; trenching; cranes; work zone safety; chemical,
biological and physical hazards; and being caught in or between equipment. On average, OSHA has
traditionally devoted 50-60% of its compliance resources to enforcement activity in the construction
industry. The goal of this partnership agreement is to foster self-sufficiency in safety and health,
and, as a result of the Partnership, to eliminate fatalities and injuries on this project and to
achieve a DART rate for the project substantially below the national average of 3.6.
III. GOALS, STRATEGIES, AND MEASURES
The overall goal of this Partnership is to create a working relationship that focuses on preventing
work-related fatalities, reduces or eliminates serious workplace hazard and injuries, and
establishes an effective safety and health program.
| GOALS |
STRATEGIES |
MEASURES |
| 1. Reduce serious injuries and illnesses and provide
a safe and healthful work environment for employees working on segments 3 and 4 of the Middletown
– Norwalk Transmission Project |
a. UI 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
b. B & V will implement a comprehensive jobsite inspection program as required by OSHA standards.
Examples of activities within the program include but are not limited to:
- Complete job hazard analyses conducted prior to employee exposure to the hazard that identify
potential hazards to employee safety and health and identify ways of mitigating them.
- Conduct initial monitoring for all toxins, carcinogens, or hazardous substances currently
emphasized by OSHA and which present inhalation and other hazards, such as but not limited to
silica, hexavalent chromium, lead, cadmium, and/or isocyanates. Appropriate respiratory and
dermal protection will be worn until the results of the initial monitoring studies are received
and demonstrate no potential for over exposure.
- Daily self-audits of the various job sites will be performed. In addition, on a monthly
basis, a comprehensive audit of the jobsite will be performed, requiring participation by a
representative of each contractor working at the site at the time of the monthly audit. Any
hazards found during the self-audits will be corrected promptly.
c. An aggressive Fall Protection Plan to include fall protection in all cases
where work is being performed six feet or more above lower surfaces will be implemented. |
i. The measurement system will use B & V’s TCIR and
DART rates for the previous three years to establish the baseline and these measures will be used
to identify the project’s percent reduction against the baseline.
The following will be tracked:
ii. Number and rates for falls from elevation.
iii. Number of supervisors trained
iv. Percentage of employees trained by OSHA authorized trainers.
v. Number of tool box meetings
vi. Number of best practices identified and highlighted
vii. Number of near-miss reports filed
viii. Number of jobsite inspections
ix. Number of OSHA inspections and verification visits
x. Number of job-related injuries and illnesses. |
| 2. Continuous improvement in the safety and health
programs of sub-contractors through the sharing of best practices |
Require sub-contractors who have written safety and health programs to submit them to B & V. B & V
Energy will evaluate all sub-contractors’ program. Companies that have a deficient or do not have
a written safety and health program have the option either of adopting the safety and health
program of B & V or developing one by utilizing services provided by other Partnership members. |
The baseline measure will include the percentage of
all sub-contractors with written programs. Intermediate measures will include the number of safety
and health programs instituted and/or improved. The programs will be maintained on site by B & V.
The programs will be evaluated by OSHA and B & V. |
| 3. Increase construction hazard recognition,
evaluation and control skills for employees, employers and supervisors through enhanced safety and
health training |
a. Confirm employees receive training as follows:
- 100% of B & V’s on-site supervisory personnel and all of the subcontractor’s safety designees
will complete the 30-hour OSHA construction course. Sub-contractors can utilize other
instructors provided the sub-contractor receives 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. In addition, employees will receive
training on the content of the Job Hazard Analyses (JHAs) for operations they will encounter.
Retraining will be conducted when substantial changes are made to the JHAs.
- Safety and health training of Hispanic/Latino sub-contractors with non-English speaking
employees will be conducted in Spanish.
- Other hazard-specific training will be conducted on an as-needed basis.
b. Train employees in the OSHA 10-hour construction course to the extent possible,
with a goal of at least 20% of the expected employees being trained. Sub-contractors may utilize other
instructors provided that the sub-contractor receives a valid certification card showing
completion of the course. B & V has primary responsibility for providing this training. OSHA will
provide assistance, as resources allow. |
i. Actions specific to arc flash hazards and work on
live electrical parts, such as maintaining training records, PPE availability and use, and
permits.
ii. Number of supervisory personnel and sub-contractors receiving the 30-hour training will be
tracked.
iii. Number of safety orientation sessions covering safety and health issues will be tracked.
iv. Number of non-English speaking employees trained will be tracked.
v. Number and percent of employees trained in the OSHA 10-hour course will be tracked. |
| 4. Ensure where feasible all serious hazards are
eliminated or controlled through controls, safe processes and/or procedures, and PPE. |
a. Confirm health-related issues arising during the
course of the construction work are adequately addressed by B & V and/or the affected contractor
and subcontrators, with technical assistance from OSHA (when available) and/or United Illuminating
Company, as needed. All health-related issues will be discussed monthly during the partnership
meetings.
- A hearing conservation program, including noise monitoring, audiograms, PPE and
engineering controls, where feasible, will be implemented.
- An effective environmental monitoring program will be implemented to control airborne
hazards, such as silica and hexavavalent chromium and will include personal monitoring, employee
training, implementation of engineering controls where feasible, and the use of respiratory and
dermal protection when necessary.
b. Confirm compliance with arc flash safety procedures when working on live
electrical equipment, including training of affected employees and the availability and use of personal
protective equipment.
c. Confirm that all subcontractors conduct toolbox talks to inform workers of all serious hazards
and the controls, procedures, safe processes and/or PPE necessary to protect against them. |
i. Documented jobsite inspections and the total
number of hazards identified and corrected by the construction manager and by each sub-contractor.
The job site inspections will indicate the number of hazards observed and subsequent progress and
improvements made as a result of their safety and health programs.
ii. The number of disciplinary actions involving those individuals who do not fully comply with B
& V safety requirements will be tracked.
iii. The number of employees trained on respiratory protection will be tracked.
iv. The number of employees trained on safe electrical work practices as they relate to this
project.
v. The number of tool box talks regarding conditions on the worksite for the duration of the
project will be tracked. |
IV. ANNUAL EVALUATION
The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual
Evaluation Format as specified in Appendix C of OSHA Instruction CSP 03-02-002, OSHA Strategic
Partnership Program for Worker Safety and Health. It will be the responsibility of OSHA to conduct,
write and submit the annual evaluation.
V. BENEFITS
Participant benefits that OSHA may provide through the Partnership Agreement:
- Application of penalty reductions for good faith and/or history as permitted by the OSHA Field
Inspection Reference Manual (FIRM). When calculating the initial penalty reduction, OSHA may provide
an additional 10% reduction for good faith beyond the reductions provided in the FIRM where the
employer, in implementing the OSP, has taken specific significant steps beyond those provided in the
FIRM to implement the Act and achieve a high level of employee protection (see FIRM, Chapter
IV.C.2.i.5 [b]). This additional reduction will not apply to high gravity serious, willful, failure
to abate or repeat citations. In cases where a partner’s total penalty reduction is 100 percent or
more, the minimum penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b).
- In the event that a citation with penalties is issued, the Regional Administrator has the
authority to negotiate the amount of an additional penalty reduction as part of the informal
conference settlement agreement.
- Upon successful completion of one annual enforcement verification inspection within a one-year
period, the site will be deleted from the programmed inspection list for 12 months. Additionally,
two non-enforcement inspections per month will be implemented as addressed in paragraph VI below.
VI. OSHA INSPECTIONS AND VERIFICATION
OSHA will conduct two announced non-enforcement visits per month for the term of the Project to
assess the implementation of the Partnership agreement. OSHA worksite observations on these visits
must be sufficient to confirm that the Partner’s worksite is operating a safety and health
management system that adequately ensures the protection of employees. If during such visits, OSHA
personnel identify serious hazards that site management refuses to correct, OSHA will refer the site
to enforcement, which will then conduct an enforcement inspection.
B & V the General Contractors and their sub-contractors will remain subject to OSHA inspections and
investigations in accordance with agency procedures, i.e., OSHA continues to investigate fatalities,
referrals, complaints, and catastrophes that occur at Partnership member companies.
VII. EMPLOYEE/EMPLOYER 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, under 29 CFR 1960), nor does it abrogate any
responsibility to comply with rules and regulations adopted pursuant to the Act.
VIII. PARTNERSHIP MANAGEMENT AND OPERATION
A Partnership Management Team (“PMT”) will be formed to administer and supervise the Partnership.
The PMT will consist of representatives from:
- OSHA Regional and/or Area Office Staff
- Black & Veatch Energy
- United Illuminating
The PMT will perform a variety of activities to facilitate the success of the
Partnership, including:
- Determining Partnership procedures
- Holding quarterly conference calls
- Tracking, analyzing, and sharing information on Partnership activities and results
- Meeting at least annually to jointly evaluate the effectiveness of the Partnership. Meeting Agenda
items may include:
- Sharing information on current violations and statistics applicable to B & V sites or similar
industry projects.
- Clarifying the meaning and application of OSHA standards and policy through relevant
interpretations and compliance directives on standards, proposed standards, and violations.
- Evaluating data and partnership impact.
A. Black & Veatch Energy:
- B & V will gather and review the General Contractors’ and each subcontractors’ safety and health
program, which must include:
- Management commitment and employee involvement;
- Hazard analysis;
- Hazard control;
- Arrangement of training assistance for other stakeholders on site.
- B & V will mentor the General Contractors and sub-contractors in safety and health management
systems.
- Where the potential for airborne silica or hexavalent chromium exposure exists, the Project will
require the use of wet cutting techniques and/or dust collection systems in addition to the
mandatory use of approved respiratory protection. To the extent feasible, personal air monitoring
will be conducted to assess employee exposure levels. Where the potential for other health issues
such as exposure to carbon monoxide or lead, or to toxins generated by the large-scale use of
chemicals in the building interior (such as floor finishing) exists, the Project will coordinate and
ensure the completion of air monitoring to assess employee exposure levels. Sampling results will be
compiled and tracked by B & V.
- B & V will confirm the use of 100% fall protection for all fall hazards over six (6) feet.
- B & V will identify and ensure correction of serious ergonomic hazards by reducing manual
handling and lifting to the extent feasible.
- B & V will confirm that Ground Fault Circuit Interrupters (GFCI) are used to protect all
electrical circuits that are installed for work and that all contractor employees are protected by
the use of a GFCI at all times.
- The Site Safety Manager for B & V will be responsible for overseeing site safety and serving as
the Partnership point of contact and overseeing the partnership goals.
- The Site Safety Manager and/or Safety Coordinator will ensure that daily safety self-audits are
conducted. Since this is a multi-employer worksite and all contractors are to work together on
safety issues, a schedule of all daily site-safety audits will be developed by B & V and the Project
safety committee. This schedule will be posted near the site safety station for easy access.
- B & V will conduct and document job site safety meetings/toolbox talks on a weekly basis.
- B & V will submit monthly injury and accident reports to the partners, including injury,
property damage and near-miss reports.
- B & V’s designated Site Safety Coordinator will coordinate and conduct a comprehensive site
audit on a monthly basis. Partnership Committee Members will participate in the site safety audit as
needed. The safety representative for each sub-contractor currently working on-site will also
participate in the monthly safety audit. If non-compliant activity or hazards are discovered,
immediate correction is required. Black & Veatch Energy will document the corrective action taken
and share this information during the monthly update meetings.
- B & V will confirm that information from jobsite inspections and near-miss investigations will
be shared and made available to all sub-contractors.
- B & V will require the use of personal protective equipment. Hardhats and eye protection will be
worn at all times on the worksite. Employees working at night shall wear high-visibility reflective
clothing.
- B & V will require that all confined space entry and work within confined spaces is performed in
accordance with current OSHA standards.
B. United Illuminating Company
- UI will provide assistance and coordination efforts to the Project as resources allow.
- A designated safety representative of UI will attend B & V’s monthly safety audit meetings.
It will be the responsibility of UI to gather required participant data to evaluate and track the
overall results and success of the Partnership program. This data will be shared with OSHA on a
quarterly basis.
C. OSHA:
- OSHA will participate in the monthly Partnership Committee meetings.
- OSHA will designate an experienced safety and health specialist to serve as a resource and
liaison for partnership participants. OSHA will also assist with safety and health training, as
resources permit.
- OSHA will give appropriate priority to UI and B & V work on the Middletown – Norwalk Transmission
Project when technical assistance is needed.
- OSHA will audit the monthly reports/documents and make recommendations for improvements in
meeting Partnership goals.
- OSHA will conduct inspections in accordance with section VI of this Partnership.
IX. TERMINATION
This agreement shall be in effect until completion of construction activities on this project. If
OSHA or any of the other participants wish to withdraw their participation prior to the established
termination date, the agreement will terminate upon receiving a written notice from any signatory to
withdraw. Any party may also propose modification or amendment of the agreement. Changes to the
Partnership Agreement may be implemented if all parties are in agreement that doing so is in the
best interest of all members involved.
X. SIGNATORIES
Signed this 19th day of September, 2007.
_________________________________________
EDWIN G. FOULKE Jr.
Assistant Secretary of Labor
For Occupational Safety and Health |
_________________________________________
MARTHE B. KENT
Regional Administrator, New England
Occupational Safety & Health Administration |
_________________________________________
ANTHONY J. VALLILLO
President & Chief Operating Officer
United Illuminating |
_________________________________________
DEAN OSKVIG
President
Black & Veatch Energy |
_________________________________________
RICHARD PALO, MS, CIH
Director
State of Connecticut Department of Labor
Division of Occupational Safety & Health
On-Site Consultation Program |
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