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PARTNERSHIP
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
AUGUSTA AREA OFFICE
AND
CONSIGLI CONSTRUCTION COMPANY, INC. |
I. PURPOSE AND SCOPE
Consigli Construction Company, Inc. and the United States Department of Labor Occupational Safety
and Health Administration (OSHA), Augusta Area Office (AAO) mutually recognize the importance of
ensuring a safe and healthful work environment in the construction industry in the State of Maine.
To advance this mutual goal, the partnership between Consigli Construction Company, Inc. and the AAO
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 Consigli Construction Company, Inc. for the
Penobscot County Judicial Center (the Project), located at 74 Exchange Street, Bangor ME will be
limited to the Consigli Construction Company, Inc. and subcontractors at the site. Consigli
Construction Company, Inc. will request subcontractors to join the partnership at the time they
start working on the site. The partnership will provide benefits to Consigli Construction Company,
Inc. and the subcontractors, which include, among others, special recognition from OSHA and priority
in compliance assistance programs.
The Project will create the first courthouse in Bangor, ME that consolidates all the courts into one
building. The building will play an important role in serving the needs of area residents and the
judiciary, as the approximately 90,000 square foot structure will incorporate a total of seven
courtrooms. A structured parking garage below the building will accommodate 60 staff vehicles and a
state-of-the-art security system will control access to all parts of the building. The 37 million
dollar project is scheduled for completion in October 2009.
II. PARTNERS
The following are identified as partners:
- U.S. Department of Labor-OSHA, PAO.
- Consigli Construction Company, Inc
- 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.
3) Decrease worker compensation costs and the number of OSHA citations for this project within the
Augusta Area Office jurisdiction.
|
a Consigli Construction Company, Inc. 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. |
i. OSHA's 300 injury and illness data.
ii. Number of site inspections performed at the Project by Consigli Construction Company, Inc. or
any third party.
iii. Number of hazards identified and corrected.
iv. Comparison of workers compensation costs before and after the completion of
the Project. |
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 Consigli Construction Company, Inc. and its
subcontractors on site, as resources allow. |
a) Consigli Construction Company, 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 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.
b) Require all subcontractors 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 Project.
|
i. Number and type of training conducted.
ii. Number of employees trained. |
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 subcontractors working with/for the OSHA Strategic
Partnership Program (OSPP) participants.
7) Foster open and continuing communication between the partners. |
a) Consigli Construction Company, Inc. will 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 Consigli Construction Company, 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, caught-in/between, struck-by and
electrical) 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 |
8) Share knowledge of the best practices.
9) Offer support by the partners for contractors and compliance officers' training. Consigli
Construction Company, Inc. will establish a training goal for each year of participation in the
partnership. |
a) Consigli Construction Company, Inc. will 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. |
i. Number and type of training conducted for
supervisors
ii. Percentage of employees trained by 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 Consigli Construction Company, Inc. 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 are to be conducted at least thirty
(30) days prior to the anniversary of the signing.
V. BENEFITS
In good standing, Consigli Construction Company, 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 Consigli Construction Company, 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.
Agreement project site within the next twelve (12) months.
- Priority status to Consigli Construction Company, Inc. and subcontractors for compliance
assistance and outreach activities, including the OSHA 10- Hour Construction Course, as resources
allow.
- If cited, Consigli Construction Company, Inc. 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 Consigli Construction Company, 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 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.
- 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 Consigli Construction Company, 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 has been met.
Consigli Construction Company, Inc. and the AAO are responsible for collecting baseline and annual
performance data upon which the OSPP will be measured. Consigli Construction Company, 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.
Consigli Construction Company, 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.
IX. TERM
This agreement will terminate one (1) year from the day of signing. If either OSHA or Consigli
Construction Company, 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.
XI. SIGNATORIES
Signed this 14th day of March 2008
Marthe B. Kent
Regional Administrator
Occupational Safety & Health Administration |
Matthew Tonello
Project Executive
Consigli Construction Company, Inc. |
William J. Coffin
Augusta Area Office
Occupational Safety & Health Administration |
Larry Chouinard
Superintendent
Consigli Construction Company, Inc. |
James Roger
Safety Director
Consigli Construction Company, Inc. |
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