I. BACKGROUND/IDENTIFICATION OF PARTNERS AND SITE
A. Background
To facilitate the goal of reducing occupational related fatalities and serious injuries within the
construction industry, OSHA and Turner Construction Company have agreed to enter into a cooperative
partnership agreement which will effectively implement all facets of jobsite safety and achieve
self-compliance through cooperative efforts from labor, management, and OSHA.
This partnership is designed to address hazards within the construction industry, and to promote and
recognize those jobsites controlled by a contractor that have demonstrated an effective safety and
health program. The Partnership agreement is an effective tool for ensuring safety at the North
Pavilion / Cancer Hospital for Yale-New Haven Hospital. This Partnership will serve to establish a
cooperative effort in ensuring safety and maintaining an open line of communication between OSHA and
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 better use
of OSHA resources and innovation in safety management and encourages more participation in the
safety process from the construction community.
B. PROJECT Description
Turner Construction Company will serve as the general contractor for the $250 million North Pavilion
/ Cancer Hospital for Yale-New Haven Hospital in New Haven, Conn. The 511,000-sq.-ft. Cancer
Hospital will be the most comprehensive cancer care facility between Boston and New York City.
Completion of the tower is scheduled for 2010.
The 14-story Cancer Hospital will include 112 beds and 12 operating rooms. The facility will also
consist of 12 diagnostic imaging rooms, including five MRI's and one MRI/OR, four linear
accelerators and a healing garden. The steel frame structure will be enclosed with a terra-cotta and
glass unitized panel system and there will be three bridges and a tunnel connecting the new building
to adjacent structures.
C. Partners
Bridgeport Connecticut OSHA Area Office
Turner Construction Company
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by The Turner Construction Company and OSHA. The
common objective and goal of the agreement is to provide a safe and healthful work environment for
employees involved in the construction industry and to help prevent serious accidents and fatalities
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 its efforts and utilizing the skills, knowledge and resources of OSHA, the partners
expect to reduce exposure to hazards and the incidence of serious injuries and fatalities at the
North Pavilion / Cancer Hospital for Yale-New Haven Hospital 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 had a fatality rate of 11.9
per 100,000 employees compared with manufacturing rate of 2.8. In Connecticut for 2003, the Days
Away, Restricted, and Transferred rate per 100 employees (DART) for Construction is 7.1 compared to
the national average of 3.6. OSHA has identified the top four causes of injuries/illnesses in the
Construction sector of employment: falls, being struck by equipment or machinery, electrocution,
confined spaces and caught in or between equipment. On average, OSHA has traditionally devoted
40-50% of its compliance resources to enforcement activity in the construction industry. The goal of
this partnership agreement is to foster compliance through self-inspections and self-enforcement.
The goal for the partnership is to attempt to significantly reduce and/or eliminate any accidents on
this project and achieve a DART rate per 100 employees for the project below the national average of
3.6.
III. GOALS / STRATEGIES / MEASURES
The overall goal of this Partnership is to create a working relationship that focuses on preventing
work-related fatalities, controlling or eliminating serious workplace hazards, and establishing a
foundation for the development of 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 at the Yale New Haven Hospital’s North
Pavilion/Cancer Hospital Project |
a. Turner Construction Company 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. Turner Construction Company will implement a comprehensive jobsite inspection program which
includes:
- Complete job hazard analysis prior to employee exposures, identifying potential hazards to
employee safety and health.
- Conduct initial monitoring for ALL toxins, carcinogens, or hazardous substances currently
emphasized by OSHA and which present inhalation hazards, such as silica, lead, cadmium, and/or
isocyanates. Employee exposures will be assumed and respiratory protection worn until the
results of the initial monitoring studies are received and demonstrate no exposure problems.
- Daily audits 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 audits will
be corrected promptly. Any hazards which cannot be corrected on the day they are discovered will
be tracked until abatement is completed and affected employees will be informed as to the
existence of any uncorrected hazard and interim measures to be taken until abated.
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 Turner Construction
Company’s TCIR and DART rates for the previous three years to establish the baseline and the
measure will be the percent reduction against the baseline.
ii. Rates for falls and amputations will be tracked.
iii. Number of supervisors trained.
iv. Percentage of employees trained by OSHA.
v. Tool box meetings.
vi. 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. |
| 2. Continuously improve 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 Turner Construction Company. Turner Construction Company will
evaluate all sub-contractors’ programs. Companies that do not have or have a deficient written
safety and health program have the option of either adopting the safety and health program of
Turner Construction or developing one by utilizing services provided by other Partnership members. |
Intermediate measures will include the number of
safety and health programs instituted and/or improved. The programs will be maintained on site and
evaluated by Turner Construction Company. |
| 3. Increase construction hazard recognition,
evaluation and control skills for employees, employers and supervisors through enhanced safety and
health training. |
a Ensure employees receive training as follows:
- 100% of Turner Construction Company’s on-site supervisory personnel and all of the
subcontractor’s safety designees, will complete the 30-hour OSHA construction course (or its
equivalent). 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 shall receive
training on the content of the Job Hazard Analysis (JHA) for operations they will encounter.
This may require periodic retraining of employees on the content of the JHAs as such become
relevant due to entering new phases of construction.
- Safety and health training to Hispanic/Latino sub-contractors with non-English speaking
employees will be conducted in Spanish, should the need arise.
- Other hazard-specific training will be conducted on an as-needed basis.
b. Train employees in the OSHA 10-hour construction course (or its equivalent) to the extent
possible, with a goal of at least 20% of the expected average employees being trained.
Sub-contractors can utilize other instructors provided the sub-contractor receives a valid
certification card showing completion of the course. Turner Construction Company has primary
responsibility for providing this training. OSHA will provide assistance, as resources allow. |
i. Actions specific to NFPA 70E and work on live
electrical, such as training records, PPE availability and use, and permits.
ii. Measurement factors will be compiled monthly by and at the end of the project.
iii. Number of supervisory personnel and sub-contractors receiving the 30 hour training.
iv. Number of safety orientation covering safety & health issues conducted.
v. Number of non-English speaking employees trained.
vi. Number and percent of employees trained in the OSHA 10 hour course. |
| 4. Ensure all serious hazards are controlled through
safe processes or procedures. |
a. Ensure health-related issues arising during the
course of the construction work are adequately addressed by Turner Construction Company and/or the
affected sub-contractors, with assistance from the Bridgeport Area Office, as needed. All
health-related issues will be discussed monthly during the partnership meetings.
- An effective hearing conservation program, including noise monitoring and engineering
controls, where feasible, will be implemented.
- An effective environmental monitoring program will be implemented to control airborne
hazards, such as silica, and will include personal monitoring, employee training, implementation
of engineering controls where feasible, and the use of respiratory protection when necessary.
b Ensure compliance with NFPA 70E when working on live electrical equipment, including training
and the availability and use of personal protective equipment.
c Ensure all equipment capable of causing amputations is adequately guarded. |
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 with their safety and health programs.
ii. The number of disciplinary actions of those individuals who do not fully comply with Turner
Construction’s safety philosophy.
iii. Number of employees trained on respiratory protection. |
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 from OSHA may include:
- Penalty reductions allowed in the OSHA Field Inspection Reference Manual (FIRM) for good faith
and history. 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 OSHA Strategic Partnership Program (OSPP), 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.
- Following the necessary onsite enforcement inspection(s) conducted to meet OSHA Strategic
Partnership verification requirements, it will not be necessary to conduct a programmed inspection
at the North Pavilion / Cancer Hospital for Yale-New Haven Hospital Project site within the next 12
months. Additionally, non-enforcement inspections will be implemented as addressed in paragraph VI
below.
VI. OSHA INSPECTIONS AND VERIFICATION
- 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 Turner Construction Company’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.
- 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.
- Turner Construction Company and sub-contractors will remain subject to OSHA inspections and
investigations in accordance with agency procedures. OSHA will continue to investigate fatalities,
referrals, and complaints and catastrophes that occur at the North Pavilion / Cancer Hospital for
Yale-New Haven Hospital Project site. 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, and
- 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. 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, 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. Turner Construction Company:
- Turner Construction Company will gather and review each subcontractor’s safety and health
program, which includes:
- Management commitment and employee involvement;
- Hazard analysis;
- Hazard control;
- Arrangement of training assistance for other stakeholders on site.
- Mentor sub-contractors in safety and health management systems.
- Where the potential for airborne silica exposure exists, Turner Construction Company 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 exposures levels. 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, Turner Construction Company will coordinate and ensure the completion of air monitoring to
assess employee exposure levels. Sampling results will be compiled and tracked by Turner
Construction Company.
- 100% fall protection for all fall hazards over six (6) feet.
- To the extent feasible, serious ergonomic hazards will be identified and corrected.
- Ground Fault Circuit Interrupters (GFCI) will be used to protect all electrical circuits that are
installed for work. All contractors will ensure that employees are protected by the use of a GFCI at
all times.
- The Safety Director for Turner Construction Company will be responsible for overseeing site
safety and to serve as a point of contact and to oversee the partnership goals.
- The Site Safety Manager and/or Safety Coordinator will ensure that daily safety audits are
conducted. Since this is a multi-employer worksite and all workers are to work together on safety
issues, a schedule of all daily site- safety audits will be developed by Turner and the safety
committee. This schedule will be posted near the site safety station for easy access.
- Conduct and document job site safety meetings/toolbox talks on a weekly basis.
- Submit monthly accident reports to the partner, including first aid, injury, property damage and
near miss reports.
- Turner Construction Company’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 when 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. Turner Construction Company will document the
corrective action taken and share this information during the monthly update meetings.
- Allow OSHA access to the site during inspection activities (verification as well as unprogrammed
activities such as fatalities and employee complaints).
- Audit the partnership and make recommendations for improvement.
- Information from jobsite inspections and near miss investigations will be shared and made
available to all sub-contractors. Select near misses and daily safety audits will be discussed.
- Require the use of appropriate 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.
- Require that all confined space entry and work within confined spaces be performed in accordance
with current OSHA standards.
- Turner Construction Company will provide assistance and coordination efforts to the project as
resources allow.
- A designated safety representative will attend monthly safety audit meetings.
- It will be the responsibility of Turner Construction Company 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.
B. OSHA:
- OSHA will participate as available in the monthly Partnership Committee meetings.
- Designate an experienced safety and health specialist to serve as a resource and liaison for
partnership participants. The Compliance Assistance Specialist from the Bridgeport Area Office will
assist with safety and health training, as resources permit.
- Give appropriate priority to the Yale New Haven Hospital Cancer Center Project when technical
assistance is needed.
- Audit the monthly reports/documents and make recommendations for improvements in meeting
Partnership goals.
- Conduct inspections in accordance with section VI of this partnership.
IX. TERMINATION
This agreement shall terminate at the completion of construction activities on this project. If
either OSHA or Turner Construction Company wishes to withdraw their participation prior to the
project’s completion, the agreement will terminate upon receiving a written notice of the intent to
withdraw from either signatory.
XI. SIGNATORIES
Signed this _______ day of_______, 2007.
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