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 Printing Instructions |
PARTNERSHIP
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
BRAINTREE AREA OFFICE
AND
ERLAND CONSTRUCTION, INC. |
I. PURPOSE AND SCOPE
Erland Construction, Inc. and the United States Department of Labor,
Occupational Safety and Health Administration (OSHA), Braintree Area Office (BAO)
mutually recognize the importance of ensuring a safe and healthful work
environment in the construction industry in the State of Massachusetts. To
advance this mutual goal, the Partnership between Erland Construction, Inc. and
the BAO 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 Erland Construction,
Inc, is for the Sunrise of Franklin Senior Living Facility, located at 725 Union
Street, Franklin, MA (“the Project”). The Partnership will be limited to Erland
Construction, Inc.. Erland Construction, Inc. will request subcontractors to
participate in achieving the goals set forth in the Partnership at the time they
start working on the site. The Partnership will provide benefits to Erland
Construction, Inc. and the subcontractors, which include, among others, special
recognition from OSHA and priority in compliance assistance programs.
The Project involves the construction of a senior living facility consisting of
79 living units with a complete food service and dining facility. The building
structure consists of four stories with structural steel frame, metal deck with
concrete slabs. There will be two elevators installed that will service all four
floors. The resident units will be serviced by through-wall HVAC units. The
building is designed with a complete fire protection system including a fire
pump. The building will be equipped with an emergency generator for back-up
power. The expected completion date for the $13 million dollar project is
September, 2009.
Erland Construction, 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:
-
U.S. Department of Labor-OSHA, BAO.
-
Erland Construction, Inc.
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 the Total Case Injury Rate (TCIR) and Days Away Restricted Transfer
(DART) rates by 5% annually compared to, the BLS data for General Contractors
- Non-Residential/Industrial Buildings SIC. An emphasis shall be placed on
reducing injuries and fatalities resulting from falls, struck-by,
caught-in/between, electrocution and trenching hazards
3) Decrease the number of OSHA citations (per OSHA inspection) for this
Project within BAO’s jurisdiction compared to Erland’s previous Sunrise
projects in Braintree and Burlington. |
a) Erland Construction, Inc.
will establish a system to collect and analyze injury and illness trends
(including near-miss incidents) by all contractors performing work at the
Project. 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 Erland Construction,
Inc., or any third party.
iii. Number of hazards identified and corrected.
iv. Erland incident/accident monthly tracking log.
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4) Allow OSHA to focus resources
on companies that require attention from OSHA, rather than on companies that
have demonstrated existence of effective safety programs.
5) Make OSHA safety and health resources available to Erland Construction,
Inc., and its sub-contractors on site, as resources allow.
|
a) Erland Construction, Inc. will 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:
- Include employee involvement.
- Include effective employee training for avoidance of hazards specific to
the Project.
- Provide construction site supervisors, foremen (including supervisors
and foremen of trade contractors), designated competent persons and all
Erland onsite 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.
- Involve implementation of daily sign in log for competent persons for
all sub-contractors.
b) Require all sub-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 and sub-contractor workers trained.
iii. Number of sub-contractor workers that receive Erland project specific
safety orientation (verified/identified with project specific hardhat
sticker).
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6) 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 sub- contractors working with/for the OSHA Strategic Partnership
Program (OSPP) participants.
7) Foster open and continuing communication between the partners.
|
a) Erland Construction, Inc.
will 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 Erland Construction,
Inc. 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, electrical, struck by and crushed by 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 and;
i. Reports of all toolbox talks and safety discussions at weekly foreman’s
meetings.
ii. Number of periodic review meetings and discussions between the partners (Erland
and BAO).
|
| 8) Share knowledge of the best
practices. |
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.
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IV. EVALUATION
An annual evaluation of this partnership will be conducted within ninety (90)
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 Erland Construction, Inc. to gather required
participant data to evaluate and track overall results and success of the
partnership.
V. BENEFITS
In good standing, Erland Construction, Inc. 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 Erland
Construction, Inc. 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 necessary onsite enforcement inspection(s) conducted to meet OSPP
verification requirements, it will not be necessary to conduct a programmed
inspection at the Project within the next twelve (12) months.
-
Priority status to Erland Construction, Inc. and its subcontractors for
compliance assistance and outreach activities, including the OSHA 10- Hour
Construction Course, as resources allow.
-
If cited, Erland Construction, Inc. and its subcontractors that participate in
achieving the goals set in the Partnership may be provided an additional 10%
reduction for good faith beyond the reductions provided in the Field Inspection
Reference Manual (FIRM) whereby Erland Construction, Inc., 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
ninety (90) 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.
-
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 Erland Construction, Inc.
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, based on the national average for their industry, has
been met. Erland Construction, Inc. and BAO are responsible for collecting
baseline and annual performance data upon which the OSPP will be measured.
Erland Construction, 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 one (1) year from the day of signing. If either
OSHA or Erland Construction, Inc. 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 1st day of August, 2008
Brenda Gordon
Area Director
Braintree Area Office |
Thomas N. Blesso
Vice President
Erland Construction, Inc. |
Alan R. Scott
Safety Director
Erland Construction, Inc. |
Bruce Kelly
Project Manager
Erland Construction, Inc. |
Bruce Carpenter
Field Superintendent
Erland Construction, Inc. |
Mark Robinson
Field Superintendent
Erland Construction, Inc. |
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