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 Printing Instructions |
United States Department of Labor
Occupational Safety and Health Administration
The Kansas Consultation Program
Dondlinger/Hunt, A Joint Venture
Sedgwick County Arena Project
Partnership Agreement |
I. Background
- The Wichita Area Office of the Occupational Safety and Health Administration (OSHA), The Kansas
On-site Consultation program, Dondlinger/Hunt, A Joint Venture (hereafter referred to as the “Joint
Venture”) and project subcontractors recognize the need for a safe and healthy jobsite. The goal of
this partnership agreement is to help ensure that the Project will provide a safe work environment
for all employees.
- The Sedgwick County Arena consists of a 15,000 seat multi-purpose Sports and Entertainment Venue,
4 levels, cast-in place concrete frame and steel longspan roof trusses, located in Wichita, Kansas.
- This Partnership is designed to not only address hazards within the construction industry, but
also to promote and recognize those jobsites that have a demonstrated and effective safety and
health program.
- This document will serve to establish a cooperative effort in the enhancement of a site safety
program and maintaining an open line of communication between OSHA, the Joint Venture and
subcontractors on this project.
- Specifications and assignments within this partnership document do not relieve the contractors
from or lessen their safety and health responsibilities nor change any contractual obligations
between Dondlinger/Hunt, a Joint Venture and the project Owner and/or Developer or any Joint
Venture’s Subcontractor(s), nor does it lessen any/all affirmative defenses, legal rights or due
process afforded contractors with respect to Agency enforcement action.
II. Situational Analysis
- OSHA has identified the top four causes of fatalities in construction as: falls, being struck by
equipment or machinery, electrocution, and caught-in-between equipment or materials. The goal for
this Partnership Agreement is to achieve a reduction of accidents, injuries and illnesses on the
project.
III. Identification of Partnership Organizations
- Dondlinger/Hunt, A Joint Venture
- Project Subcontractors
- OSHA –Wichita Area Office
- Kansas Consultation Program
- Pledge Support for the Partnership – The following entity pledges their support for this
project-specific partnership:
- Sedgwick County
- All subcontractors that work on this project are considered Partners, and all contracts with
subcontractors that are not already executed will incorporate this OSHA partnership into their
respective agreements. If contracts with subcontractors have already been executed, the Joint
Venture will attempt to incorporate this OSHA partnership into their respective agreements with a
subcontractor change order which will include a provision acknowledging the subcontractor’s
obligations under this partnership agreement.
IV. Program Implementation
- As a goal, maintain a lost time incidence rate below the BLS national average of 3.2. The goal
for fatalities is zero.
- Frequent jobsite inspections utilizing a system developed by the Partnership Members. This system
provides comprehensive coverage and documentation over a wide variety of site conditions.
- Ensure employees receive training as follows:
- All employees will receive a site-specific safety orientation from the Joint Venture covering
jobsite safety and health issues and procedures relative to the work being performed. All employees
will attend a safety review meeting with their respective Subcontractor before performing work on
the site.
- All supervisory personnel engaged in construction activities or other personnel serving in the
capacity as a competent person shall have completed the OSHA 10 hour course for the construction
industry (or its equivalent) prior to commencement of work on-site. Site personnel designated as
safety representatives shall, as a minimum, have completed the OSHA 10 hour construction training
course (or its equivalent). Full time safety representatives on site shall, as a minimum, have
completed the OSHA 30 hour construction training course (or its equivalent). Records of training
certification will be maintained on file by the Joint Venture and available for review by OSHA upon
request.
- Other hazard-specific training will be conducted on an as needed basis by the respective
contractors.
- Implement an aggressive Fall Protection Plan to include fall protection in all cases where work
is being performed six feet or more above a lower surface.
- Require all subcontractors who have written safety and health programs to submit them to the
Joint Venture before the start of work. Subcontractors who do not have their own written safety and
health plan have the option of adopting the safety and health program of their prime contractor,
develop one utilizing services provided by other Partnership Members, or secure the services of an
outside consulting firm. This must be completed and submitted to the Joint Venture before beginning
work on site. All subcontractors shall have an effective safety program in place.
- The Wichita Area OSHA Office may be contacted for clarification on industrial hygiene related
issues.
- Create a working relationship between OSHA and the other Partnership Members.
V. Measurements
- The total lost workday injury and illness rate compared to the average for construction
nationally based on the BLS 2006 published lost time Incidence Rate of 3.2.
- Documented jobsite inspections and total number of hazards identified and corrected.
- Records of training certifications/training rosters will be maintained on file by the Joint
Venture. Report the total number of people trained. This may include, but not be limited to, OSHA 10
and 30 hour courses as well as other hazard specific training.
- Evaluate the effectiveness of the Fall Protection Plan.
- Safety and Health Programs will be maintained on file by the Joint Venture. Reports are to be
made quarterly concerning the general effectiveness of the safety and health programs and copied to
the Wichita area OSHA office for review.
VI. Partnership Member Involvement
- Each Subcontractor and their Subcontractors will designate at least one representative to attend
an on-site safety representative meeting. The Safety Manager for the Joint Venture will oversee the
meeting and all participants will evaluate the progress of the Partnership. The representatives will
review the completed and summarized inspections of the site as part of the weekly meeting.
Identified hazards and abatement as well as trends will be discussed. OSHA may provide a
representative to share current issues in construction risk control and provide input for
improvement. Safety representatives will meet the criteria to participate as outlined below:
- Dondlinger/Hunt, a Joint Venture
- Implement a comprehensive safety and health program, which includes:
- Management commitment and employee involvement
- Worksite analysis
- Hazard control
- Arrange for training assistance for Subcontractors and their Subcontractors
- Require Subcontractor(s) to implement an appropriate Disciplinary Program
- Refer Subcontractors who have not developed their own safety and health program to a qualified
independent safety consultant.
- Have the authority to enforce safety rules and regulations. This authority will include
provisions to hold contractors and employees accountable and, if necessary, take appropriate
sanctions to enforce compliance with the established Project safety rules and regulations.
- Provide a Project Superintendent who will have as part of their job description a responsibility
for site safety, to serve as a point of contact and to assist the Safety Manager in overseeing the
partnership goals.
- Conduct and document job site inspections at least 1 time per week. These are in addition to the
general, non-documented inspections that should occur daily.
- Review accident reports with the Safety Representatives including first aid and near miss reports
weekly.
- Conduct and retain summary documentation of weekly toolbox talks.
- Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
- Compile injury and illness data and provide to OSHA.
- Provide signage identifying the site as an OSHA Partnership Project.
- Maintain accident/injury data, Subcontractor EMR data will be made available to OSHA upon
request.
- In addition to OSHA’s notification requirements, the Joint Venture will notify the OSHA Area
Office of safety or health related events, which are likely to generate public attention and/or news
media coverage. This notification will be provided in a timely manner and will include sufficient
background and incident information for responding to agency and public inquiries.
- Subcontractors
- Appoint an on-site person to act as a safety representative to resolve jobsite safety matters and
be the liaison to the Joint Venture’s Safety Manager.
- Conduct and document jobsite safety inspections weekly for those employees under their control.
This is in addition to the general, non-documented inspections that should occur daily.
- Conduct and document jobsite safety meetings and make them available to the Joint Venture and
OSHA upon request.
- Participate with the Joint Venture at the weekly on-site safety inspections and if non-compliant
activity or hazards are discovered, the affected contractor shall promptly abate the conditions and
provide written documentation to the Joint Venture that the unsafe condition has been corrected.
- Will receive a copy of all the jobsite inspections conducted by the Joint Venture of their
respective areas.
- Ensure that its employees receive jobsite safety orientation and provide verification of a
negative drug screen test prior to commencing work on site.
- Cooperate and participate in all respects with OSHA’s involvement with this project including any
required meetings, inspections, training and documentation.
- General Provisions for all Contractors working on the Jobsite:
- Require the use of conventional fall protection (i.e. personal fall arrest/restraint systems,
safety net systems, or guardrail systems) when performing work that is 6 feet or greater above a
lower level. This includes but is not limited to steel erection, roofing, ladder work and scaffold
operations, even though it may exceed OSHA requirements.
- Where airborne silica exposure exists, require the use of wet cutting techniques and/or dust
collection systems in addition to the appropriate use of approved respiratory protection where
warranted. Personal air monitoring will be conducted by Subcontractors to assess employee exposure
levels when required. Where the potential for other health issues such as carbon monoxide, lead, or
large-scale use of chemicals in the building interior (such as floor finishing) exists, the
Subcontractor will conduct air monitoring to assess employee exposure levels when deemed necessary.
- Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
- Back up alarms shall be present on all motorized equipment.
- No loads shall be lifted overhead without clearing the path to delivery.
- OSHA required trench and excavating protection shall be enforced.
- Proper guardrails will be present on all scaffolding 6 feet or greater.
- All workers, management and visitors shall wear hardhats at all times when on site. (Exception
shall be in the isolated on-site management compound.)
- Cranes: All Subcontractors utilizing cranes shall provide proof of crane operator training for
any person operating said cranes.
VII. OSHA
- OSHA may participate in the weekly Safety Representative meetings but will not participate in the
weekly walk around inspections.
- Compliance Assistance Personnel from the Wichita Area Office may aid with off-site safety and
health training.
- Give priority to the site when technical assistance is needed.
- Review the quarterly reports and make recommendations for improvement in meeting the Partnership
goals.
- Review Partnership company safety and health programs, along with Subcontractors as necessary,
and provide technical assistance and recommendations for improvement.
- Provide national statistics covering all areas of standards enforcement for distribution to the
Partners.
VIII. Kansas Consultation Program
- Priority Consultation service and assistance for small employers working on the Sedgwick County
Arena construction site will be provided by the Kansas Consultation Program.
IX. OSHA Incentives
- In the event that a company performing work at the site is cited by OSHA, a maximum of 25%
penalty reductions for good faith will be provided, in accordance with OSHA Instruction CPL
02-00-103 (CPL 2.103) – Field Inspection Reference Manual.
- Priority will be given to “phone and fax” safety and health complaints in lieu of on-site
inspections.
- Upon successful completion of an OSHA on-site enforcement verification inspection (meaning no
high gravity serious, willful or repeat hazards are cited), as outlined in section VIII(3), the site
will be exempted from programmed OSHA inspections until the next annual inspection.
- Other-than-serious violations observed during an OSHA visit shall not be cited if immediately
abated.
X. OSHA Inspections
- OSHA will continue to investigate fatalities and catastrophes should they occur at the jobsite,
as well as alleged “imminent” danger situations.
- OSHA will continue to investigate complaints and referrals received in accordance with OSHA
Instruction CPL 02-00-140, Complaint Policies and Procedures.
- OSHA will conduct one unannounced enforcement verification inspection each year for the term of
the partnership. These inspections will follow the “Focused Inspection” protocol addressing hazards
related to falls, struck by, caught-in/between, and electrical shock. Inspections conducted in
response to complaints, Local and/or National Emphasis Programs, or referrals will qualify as the
verification inspection if, in addition to addressing the complaint/referral item(s), the compliance
officer completes the focused inspection protocol for the worksite in accordance with OSHA Standards
Interpretation and Compliance Letter, 08/22/1994, Guidance to Compliance Officers for Focused
Inspections in the Construction Industry. If a verification inspection is not conducted at the
partnership site during the first three quarters of each year of the partnership as a result of OSHA
programmed or unprogrammed activity, OSHA will conduct an inspection during the fourth quarter. If a
VPP application is accepted as complete for this worksite, on-site verification inspections will
cease and be replaced by the VPP evaluation process.
- The OSHA annual on-site enforcement verification inspection contained within this program will
serve the sole and exclusive purpose of meeting the requirements contained within the Joint Venture
partnership agreement. The aforementioned inspection will not serve for verification of any
agreements or partnerships outside this agreement (i.e. Partnership Program between the Kansas
Contractors Association and OSHA).
XI. Employee Rights
- This Partnership supports employees’ rights as guaranteed under the Occupational Safety and
Health (OSH) Act.
XII. Program Evaluation/Executive Safety Committee
- The Partnership will be evaluated quarterly and will include data used to monitor the success
of the Partnership efforts. On a quarterly basis, the Executive Safety Committee comprised of the
Joint Venture’s project executive and Safety Manager, an Owner’s representative and a
representative(s) from OSHA shall meet and discuss the program and make any modifications as
required to continually improve the Partnership. From time to time, Subcontractors will be invited
to attend to offer further feedback. A written evaluation will be completed annually and submitted
to the OSHA Area Office.
XIII. Advantages
- This Partnership requires frequent inspections of the worksite by the Joint Venture,
Subcontractors and other members of the Partnership to identify and correct hazards. It also
serves as a model to Subcontractors and others by demonstrating how to implement a strong safety
and health program on a large multi-employer jobsite. It also encourages a higher level of
participation in the safety process by involving everyone on the jobsite. The knowledge gained
from this Partnership will be applied to reduce injuries and illnesses at future work sites.
XIV. Termination
- This agreement shall be in effect until completion of the site construction activities.
- Should either of the principal participants (OSHA or the Joint Venture) elect to withdraw from
the Partnership, notification in writing shall be given to the other Party. A thirty (30) day
notice is required prior to termination and gives the parties an opportunity to resolve any issues
to avoid termination. Withdrawal by either Party shall constitute a cancellation of the
Partnership. In the event of a termination, neither party shall contact the media and discuss the
issues surrounding the termination. OSHA and the Joint Venture are the only entities that can
terminate this Partnership.
SEDGWICK COUNTY ARENA PROJECT
OSHA PARTNERSHIP AGREEMENT |
Based upon a mutual interest to protect construction workers in the Wichita area, the parties
below agree to the above terms on the Dondlinger/Hunt, A Joint Venture / OSHA Partnership
Agreement for the Sedgwick County Arena Project.
|
| Signed this ____ day of
______________ 2008. |
FOR THE AGENCY |
Steve Zink, CSP
Project Manager
Industrial Safety and Health Section |
Judy A. Freeman
Area Director
Wichita Area Office
U.S. Department of Labor
Occupational Safety and Health Administration |
FOR THE JOINT VENTURE |
Dondlinger Construction Co.
Thomas E. Dondlinger, President |
Hunt Construction Group
Richard R. DeJean, V.P., Contract Manager |
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Pledge of Support of this Partnership:
for
Sedgwick County
______________________________
______________________________ |
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