I. PURPOSE AND SCOPE
Petra Construction Corp., the United States Department of Labor, Occupational Safety and Health
Administration (OSHA), Bridgeport Area Office (BAO) and the State of Connecticut Department of Labor
Division of Occupational Safety & Health (CONN-OSHA) mutually recognize the importance of ensuring a
safe and healthful work environment in the construction industry in the State of Connecticut. To
advance this mutual goal, the partnership between Petra Construction Corp, the BAO and CONN-OSHA has
been established to formalize a cooperative effort between these entities, encourage companies to
improve their safety and health performance voluntarily, provide methods to assist them in their
efforts, and recognize companies with exemplary safety and health programs.
This Partnership will provide training and education for up to 30 subcontractors. Workers for these
subcontractors are exposed to the four recognized hazards within the construction industry which are
falls, electrocution/electrical shock, struck-by and caught between hazards. Many of these small
subcontractors lack sufficient resources to conduct safety and health training. The purpose of the
partnership is to provide training in recognizing the four hazards in the construction industry,
develop methods of controlling and/or eliminating the hazards, identify predictors of unsafe acts,
and build and reinforce a culture of safety and health within the workplace.
This partnering agreement, which has been developed for Petra Construction Corp., is for a 12,000
square foot residence, located in Guilford, CT will be limited to the Petra Construction Corp. and
subcontractors at the site. Petra Construction Corp. will request subcontractors to join the
partnership at the time they start working on the site. The partnership will provide benefits to
Petra Construction Corp. and the subcontractors, which include, among others, special recognition
from OSHA and priority in compliance assistance programs.
The Project consists of the erection of a 2.5 story wood frame residence. The five million dollar
project is scheduled for completion in February 2010.
II. PARTNERS
The following are identified as partners:
- U.S. Department of Labor-OSHA, BAO
- State of Connecticut Department of Labor, CONN-OSHA
- Petra Construction Corp.
- Subcontractors working at the site.
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 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.
|
a) Petra Construction Corp. will establish a system
to collect and analyze injury and illness trends (including near-miss incidents) by all
subcontractors performing work at the site. This data will be used as a tool for continual safety
and health program improvement. |
i. OSHA 300 injury and illness data.
ii. Number of site inspections performed at the site by Petra Construction Corp. or any third
party.
iii. Number of hazards identified and corrected. |
3) Allow OSHA to focus resources on companies that
require attention from OSHA, rather than on companies that have demonstrated existence of
effective safety programs.
4) Make OSHA safety and health resources available to Petra Construction Corp. and its
subcontractors on site, as resources allow. |
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:
- Include employee involvement.
- Include effective employee training for avoidance of hazards specific to the Project
- Provide construction site supervisors and foremen (including supervisors and foremen of
subcontractors) 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. If resources allow,
train supervisory personnel on the 30 hour Construction Safety Course.
b) Require all subcontractors onsite to work toward implementing a “zero
tolerance” safety policy 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 sessions conducted.
ii. Number of employees trained.
iii. Number of "Tool Box/Tailgate" talks.
iv. Number and percentage of workers trained on the OSHA 10 and 30 hour Construction Safety
Course. |
5) 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 subcontractors working with/for the OSHA Strategic
Partnership Program (OSPP) participants.
6) Foster open and continuing communication between the partners. |
a) Conduct and document weekly safety training at the
Project.
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 Petra Construction Corp. Safety
Director (or their designee) and any third party. The report will be broken down into the four
major categories of construction-focused hazards (falls, struck-by, caught-in/between,
electrocution), 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 |
7) Share knowledge of the best practices.
8) Offer support by the partners for contractors and compliance officers' training. Petra
Construction Corp. will establish a training goal for each year of participation in the
partnership. |
a) Petra Construction Corp. will conduct and document
weekly safety training/tool box talks at the Project.
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 sessions conducted for
supervisors
ii. Number and percentage of employees trained by OSHA/CONN-OSHA. |
IV. EVALUATION
An annual evaluation of this partnership will be conducted within thirty (30) days 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 Petra Construction Corp. 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 will be conducted by the anniversary
of the signing.
V. BENEFITS
In good standing Petra Construction Corp. will receive the following benefits from OSHA:
- Special recognition, which may include but is not limited to, press releases issued by OSHA and
recognition on OSHA's web page designating the Petra Construction Corp. as a participant in the
OSHA Strategic Partnership Program (OSPP).
- Availability of informational materials such as safety and health publications and electronic
tools.
- Following the required onsite or offsite inspection(s) conducted to meet OSPP verification
requirements, it will not be necessary to conduct a programmed inspection at the Project.
Agreement project site within the next twelve (12) months.
- Priority status to Petra Construction Corp. and subcontractors for compliance assistance and
outreach activities, including the OSHA 10- Hour Construction Course, as resources allow.
- If cited, Petra Construction Corp. and subcontractors 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 Petra Construction Corp, in implementing this OSPP, 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 Project, per standard Agency
procedures.
VI. VERIFICATION PROCEDURES
- 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.
- OSHA will conduct one announced non-enforcement visit per quarter for the term of the Project
to assess the implementation of the Partnership agreement. OSHA worksite observations should be
sufficient to confirm that the partner's worksite is operating a safety and health management
system that adequately ensures the protection of employees. During such visits, if OSHA personnel
identify serious hazards that site management refuses to correct, OSHA will make a referral for an
enforcement inspection.
- 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.
- 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 Petra Construction Corp. 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
Petra Construction Corp. and the BAO are responsible for collecting baseline and annual performance
data upon which the OSPP will be measured. Petra Construction Corp. 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.
Petra Construction Corp. retains all rights guaranteed under the Occupational Safety and Health Act
(OSH Act), including the right to appeal or contest citations issued by OSHA.
IX. TERM
This agreement will terminate two (2) years from the day of signing. If either OSHA or Petra
Construction Corp. 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.
X. SIGNATORIES
Signed this 27th day of March 2008
Marthe B. Kent
Regional Administrator
Occupational Safety & Health Administration |
Guido L. Petra
President
Petra Construction Corp. |
Robert W. Kowalski
Bridgeport Area Office
Occupational Safety & Health Administration |
Walter B. Tucker Jr., CHST
Director of Safety
Petra Construction Corp. |
Richard Palo, MS, CIH
Director
State of Connecticut Department of Labor
Division of Occupational Safety & Health
On-Site Consultation Program |
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