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| OSHA Strategic Partnerships Program > Region 1 > #311 Partnership Agreement |
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PARTNERSHIP AGREEMENT
FOR WORKER SAFETY AND HEALTH
BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
(OSHA)
AND
SKANSKA USA BUILDING INC.
AND
SKANSKA'S SUBCONTRATCTORS LOCATED AT THE IKEA SITE, LONG WHARF, NEW HAVEN, CONNECTICUT
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Objective: |
To establish a Strategic Partnership between the Occupational Safety and Health Administration (OSHA), Skanska USA Building Inc.
(Skanska), and subcontractors under the direct control of Skanska on the Long Wharf, New Haven, Connecticut construction site.
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| References: |
A. OSHA Instruction TED 8-0.2, November 13, 1998, OSHA
Strategic Partnerships for Worker Safety and Health.
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| Cancellations: |
None
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| State Impact: |
None
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| Action Office: |
OSHA, Bridgeport Area Office
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| Originating Office: |
OSHA, Bridgeport Area Office, Bridgeport, Connecticut
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| Contact: |
Robert W. Kowalski, OSHA Area Director
Bridgeport Area Office
1057 Broad Street
Bridgeport, Connecticut 06604
Telephone (203) 579-5581 |
Executive Summary |
This Strategic Partnership provides a comprehensive framework to ensure the effective management and communication of OSHA's partnering policies between OSHA, Skanska USA Building Inc., and its subcontractors on the IKEA construction site, located at Long Wharf, New Haven, Connecticut.
Table of Contents
I. Purpose
II. Scope
III. Action
IV. Background
V. Objectives and Measures
VI. Participation Criteria
VII. Statement of Agreement
VIII. Project Safety Analysis
IX. Inspections
X. Evaluation
XI. Termination
I. PURPOSE This instruction provides the background and procedures to establish a Strategic Partnership between OSHA, Skanska USA Building, Inc. (Skanska), and its subcontractors working on the Long Wharf, New Haven CT construction site. The goal of this Partnership is to improve the safety and health of the employees working at this particular construction site.
II. SCOPE This instruction applies to Skanska USA Building, Inc., and the subcontractors employed by Skanska on the Long Wharf, New Haven, CT construction site
III. ACTION The OSHA Bridgeport Area Office will monitor this partnership following the procedures described in this instruction.
IV. BACKGROUND
In OSHA's 2003-2008 Strategic Management Plan, the agency has set forth a goal of reducing fatalities in the construction industry by 2% and injuries/illnesses by 4% for years 2003 and 2004. During the construction of the IKEA facility, Region I of the Occupational Safety and Health Administration, Skanska, and the subcontractors under its control, have agreed to the joint implementation of this Partnership for the purpose of reducing injuries and preventing fatalities at the Long Wharf, New Haven, CT work-site.
It is important for OSHA to develop partnerships in the construction industry that will serve as a model for Connecticut area construction companies and their contractors. Such partnerships encourage them to improve their safety and health performance by implementing effective safety and health programs within their industry.
The Partnership covers the IKEA Long Wharf, New Haven, CT project site for the duration of the time that Skanska has control of the site. All applicable elements of this partnership will be adopted by Skanska's subcontractors on-site. The partnership will also provide incentives to participating contractors to voluntarily improve their safety and health performance. Incentives will include recognition from OSHA, which will, for example, conduct limited scope inspections and provide reductions in any penalties.
This Partnership is consistent with OSHA's long range efforts to develop partnerships within the construction industry. It allows for better use of OSHA resources and for innovation in safety management, and it encourages active participation in the safety process on the part of the construction/trade association communities.
The parties to this Partnership recognize that it does not include any exemption from OSHA inspections. However, the participating contractors expect that OSHA will quickly respond to requests from Skanska's contractors for clarification of OSHA standards.
OSHA recognizes the value of this Partnership in encouraging Skanska and its on-site contractors to work together to reduce injuries and illnesses.
V. OBJECTIVES AND MEASURES
This initiative promotes a Strategic Partnership between OSHA, Skanska USA Building Inc., and the subcontractors under the control of Skanska on the IKEA worksite to work cooperatively toward reducing injuries and illnesses. By working together, the parties will achieve a better understanding of the hazards causing the injuries and illnesses and measures to control or eliminate them. The goals for this Partnership include:
To reduce injuries and illnesses among workers engaged in construction and construction-related activities through the implementation of this Partnership:
- To improve the overall effectiveness of existing contractor safety and health programs.
- To provide training and outreach to employers and employees located on the Long Wharf site and promote awareness of worker safety.
- To identify and correct primary causal factors leading to employee injuries and illnesses, in particular those that are present in the construction industry, e.g., falls, struck by, electrocution/electrical shock, trenching and silica.
- To increase the efficient use of the OSHA Bridgeport Area Office's resources by reducing the time needed for
on-site visits while at the same time achieving a higher level of worker safety and health.
- To ensure the maximum leverage of OSHA's and Skanska's inspection resources by promoting effective contractor involvement, prompt corrective action and a greater sense of responsibility for safety and health management on the part of the subcontractors working under the control of Skanska on this project.
VI. PARTICIPATION CRITERIA
The implementation of an effective safety and health program is essential in establishing a safe and healthy working environment. Designated and trained contractor personnel will be given the responsibility and authority to implement the program. An effective program includes management leadership and employee participation; the identification of hazards through worksite inspections; hazard prevention and control; and employee, supervisory and management training.
An assessment of the site Safety and Health Program will be performed by the OSHA Bridgeport Area Office. This assessment shall consider the comprehensiveness of the program, the degree to which it has been implemented, the presence of competent persons, as required by relevant standards, and the means by which the program is enforced.
A successful program is one that demonstrates a reduction in hazardous conditions on the worksite and a low injury and illness rates for the workers on the site.
Skanska and its subcontractors on-site will adhere to the terms of this agreement. Therefore, notwithstanding, routine OSHA inspections, hazards identified through this Partnership must be corrected promptly.
VII. STATEMENT OF AGREEMENT
OSHA, Skanska, and its subcontractors agree to work in partnership to improve employee safety and health at the IKEA Long Wharf Project. Accordingly, they make the following commitments:
OSHA agrees to:
- Help identify programmatic needs at this site by reviewing the documented safety and health program and by providing practical help in implementing the program. This assistance will be performed jointly by the project's Safety and Health Representative and a Compliance Safety and Health Officer (CSHO), offsite.
- Assist in the identification, if needed, of countermeasures for correcting any hazards identified on the site.
- Provide clarification as to the meaning and application of OSHA standards and policy, including Region I Local Emphasis Programs.
- Have the Bridgeport Area Office Compliance Assistance Specialist participate in training and/or meetings requested by the subcontractors.
Skanska USA Building, Inc. and its subcontractors agree to:
- Implement the comprehensive safety and health program on the project.
- Develop a written safety and health program that contains all of the essential elements of safety and health programs, including management leadership, employee involvement, worksite analysis, hazard prevention and control, and safety and health training.
- Have managers, at all levels, provide visible leadership in implementing the safety and health programs by:
Establishing clear lines of communication with supervisors and employees; setting an example of safe and healthful behavior; creating an environment that allows employees access to project managers, and project managers access to the constructor's corporate management; for the purpose of ensuring that employees are provided high quality safety and health training.
This Partnership will ensure that planning for safety and health is a part of the overall management planning process. This will include pre-job planning and preparation for different phases of construction as the work progresses. Additionally, Skanska's subcontractors will prepare written pre-job and pre-phase safety and health planning documents, with the level of detail that is appropriate to the size and type of the project and the types of hazards and challenges presented in various work environments, and will train affected employees on the identified and phase hazards and controls.
VIII. PROJECT SAFETY AND ANALYSIS
Safety and Health Programs
Management of safety and health depends on a thorough understanding of the potentially hazardous situations to which project workers may be exposed and the ability to recognize and correct hazards as they arise. Skanska and its subcontractors will demonstrate the use or existence of the following:
- Comprehensive safety and health surveys, including a baseline survey of safety and health hazards;
- Analysis of all new and acquired processes, materials, chemicals, and equipment before construction activity begins to determine potential hazards, and to plan for their prevention or control;
- Routine examination and analysis of hazards associated with individual jobs, processes, or phases to identify opportunities for tool-box training and hazard prevention;
- Routine self-inspections and tracking of hazard abatement, supported by written reports;
- A system for employees to notify management, without fear of retaliation, about hazardous conditions;
- A system for investigating accidents and near-misses, including written procedures or guidance, written reports of findings, and the tracking of hazard correction to completion.
- A system to analyze trends through a review of site injury and illness data, and the hazards identified through inspections, so that patterns of hazards can be identified and eliminated.
Hazard Prevention and Control
Skanska and its sub-contractors agree to eliminate or control identified hazards by any or a combination of the following methods:
- Engineering controls
- Administrative controls such as job rotation, demarcation of hazardous work areas and limitations on employee entry to these areas; and when other controls are not feasible, the use of personal protective equipment.
- Clear safety and health rules, including work procedures for targeted operations
- Monitoring and properly maintaining on-site equipment to prevent, or detect the presence of, hazardous conditions. The contractors shall document their ongoing maintenance activities for all such
equipment.
Additionally, contractors on site agree to provide access to trained staff with the training and equipment necessary to treat injuries and illnesses on-site. Emergency response procedures will also be written and communicated to appropriate employees. The procedures will list emergency telephone numbers, emergency routes, emergency exits, and requirements for emergency personal protective equipment, and training and evacuation drills.
Indoctrination and Training
Skanska and its subcontractors agree to be responsible for informing, and training, their employees on the various elements of this Partnership.
IX. INSPECTIONS
Skanska agrees to exercise control over any recognized site safety or health hazard to eliminate the potential for injury or illness in accordance with this partnership agreement. Furthermore, Skanska will conduct comprehensive inspections of the entire project which shall involve Skanska and contractor employees, as often as necessary, but no less than once a month.
Skanska may delegate the task of inspecting part or the entire site to a smaller complement of contractor representatives, provided that representatives of labor and management participate in each inspection, and provided further that the findings and recommendations of each inspection are reviewed at monthly safety and health meetings of contractor and sub-contractor employees.
If any employer, under the jurisdiction of Skanska, does not meet the aforementioned criteria, the inspection of their work and safety performance shall proceed in accordance with traditional OSHA guidelines for comprehensive inspections.
Complaint/Referral Investigations
Under this partnership, Skanska agrees to respond immediately to every report of a safety or health hazard brought to its attention. Upon a finding that the report is valid, Skanska agrees to prompt abatement of the hazard.
OSHA agrees that a copy of each non-formal complaint/referral related to the work at the site and filed with OSHA will be forwarded by fax, or by CSHO, to the site office. In accordance with applicable law, the name of a complainant requesting confidentiality will not be revealed. Skanska agrees to investigate these complaints, regardless of the employer involved, and to provide OSHA with a written response in accordance with paragraph L.1. CPL 2.115 Complaint Policies and Procedures--within 5 working days.
Failure by Skanska to meet this time frame will place the complaint /referral outside the scope of this partnership and require OSHA to respond as it would to any complaint of a similar nature.
Accident Investigations
Skanska and its subcontractors recognize that OSHA will fully investigate any accidents on the worksite involving death or serious physical harm. These investigations will be conducted outside of this Partnership agreement and in accordance with normal enforcement practices. Violations may result in the issuance of citations and penalties.
Routine Inspections
Skanska's subcontractors who are participating in this Partnership will not be subjected to programmed OSHA inspections if an OSHA verification inspection has been completed in the past 12 months.
Onsite Verification
To assist in measuring the success of this partnership, an OSHA verification inspection will be conducted within 3 months of the signing of this agreement and annually thereafter. After the initial verification inspection, annual inspections will focus on the hazards previously identified in the initial inspection. No penalties will be assessed for non-regulatory, other-than-serious violations, provided that they are abated within a reasonable time-frame. Serious violations must be abated immediately upon discovery.
X. EVALUATION
A joint evaluation of the partnership will be prepared by OSHA and Skanska and its subcontractors. The project is anticipated to be completed within one year. At that time, the injury and illness rates of the project will be compared with the national average for the construction industry.
XI. TERMINATION
The program may be terminated when any party withdraws, or if a participating employer suffers a fatality related to previously identified hazards, that were not corrected timely. A notice of intent to withdraw will be provided by either party 30 days prior to any proposed termination. Barring any premature termination, this partnership agreement will terminate one year from the signing date or upon completion of the project.
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MARTHE B. KENT
OSHA Regional Administrator |
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PAUL NYLUND
Sr.Vice President
Skanska USA Building Inc.
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BENEDICT W. COZZI
President
Construction Council of New Haven, CT
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