| I. |
General
Region III of the Occupational Safety and Health Administration (hereafter
referred to as "OSHA") and the PJ Dick-Hunt, A Joint Venture (hereafter
referred to as "Joint Venture"), have agreed to implement an OSHA Strategic
Partnership (hereafter referred to as "Partnership") during construction of
the Pittsburgh Arena Project (hereafter referred to as "Project").
The goal of this Partnership is to encourage joint cooperation between OSHA,
the Joint Venture, and trade contractors to foster a safe work environment for
all project employees as prescribed in this agreement.
The agreement between the Joint Venture and OSHA calls for the project to be
managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or
its equivalent.
Under the Partnership, the contractors expect that OSHA will acknowledge
superior performance by providing timely responses to requests for
information, requests for clarification of OSHA standards and other benefits
as resources allow. To show their commitment to the Partnership, contractors
will voluntarily sign a pledge (Appendix B).
This Partnership will not relieve any trade contractors from or lessen their
safety responsibilities nor change any contractual obligations between the
Joint Venture, Project Owner/Developer, or trade contractor, nor does it
lessen any/all affirmative defenses, legal rights or due process afforded with
respect to OSHA enforcement action.
This Partnership will not in any way affect employees’ ability to exercise
rights under the OSH Act and OSHA regulation.
This agreement is consistent with OSHA’s long-range effort to develop a
contractor/government partnership approach to safety management. It allows for
better use of OSHA resources and for innovation in safety management, and it
encourages more participation in the safety process by each stakeholder.
|
| II. |
Identification of Partners
The following organizations are considered Partners:
- Occupational Safety and Health Administration, Pittsburgh Area Office (OSHA)
- PJ Dick-Hunt, A Joint Venture
The following organizations pledge to support the Partnership:
- Pittsburgh Regional Building Trades Council
- The Pittsburgh Penguins
- Willis of PA
- Old Republic
- Trade Contractors
|
| III. |
Project Overview
Project construction is anticipated to start in 3Q – 2008 and be completed 2Q
– 2010. It is expected that 40-50 union trade contractors will employ
approximately 650 craft persons at peak construction.
Project details include:
Owner:
Pittsburgh Penguins
66 Mario Lemieux Place
Pittsburgh, PA 15213
Project highlights:
-
Construction cost $218,000,000
-
New ice hockey / multi-purpose arena / 18,300 seats
-
Concession concourse with open viewing to playing surface
-
Private lounge, suites and retail corridor
Major components of the work will include: site construction, excavation work,
caissons/pile installation, rebar installation, concrete foundations,
structural steel, pre-cast concrete, miscellaneous metal work, electrical,
masonry, mechanical/plumbing, glazing, and roofing.
|
| IV. |
Partnership Goals, Strategies, Measures
The goal of this Partnership is to encourage joint cooperation between OSHA,
the Joint Venture, and trade contractors to foster a safe work environment for
all project employees as prescribed in this agreement.
This goal will be accomplished by implementing and maintaining the site
specific Project Safety Plan (Attachment 1).
The Partnership will use 5.1 as a baseline project DART rate, with the goal to
further reduce this level annually by at least 3% for the duration of the
Partnership.
The Partnership will meet quarterly to review project injury and illness
statistics and work together to resolve issues.
|
| V. |
Statement of Agreement
OSHA agrees to:
-
Evaluate the Joint Venture Project Safety Plan (Attachment 1) prior to and
during the OSHA enforcement verification inspections using Appendix C (or
equivalent) and to determine whether effective safety and health management
systems are in place.
-
Designate an experienced OSHA Compliance Assistance Specialist (CAS) to
serve as a resource and liaison person for the Partnership.
-
Meet with the Joint Venture quarterly to review project safety performance.
Safety performance will be evaluated through review of trade contractors’ OSHA
300 logs for the project and related accident reports.
-
Assist Partners in assessing OSHA interpretations and clarifications as to
the meaning and application of OSHA standards and policy.
-
Provide information on OSHA training resources available.
The Joint Venture agrees to:
-
Provide a dedicated Site Safety Manager to serve as a safety
resource and liaison person for the Partnership and to assist trade
contractors with safety issues / concerns.
-
Provide notice to all trade contractors that the Pittsburgh
Arena Project is subject to this Partnership and include the Partnership
Fact Sheet (Appendix A) in the Project New Worker Safety Orientation.
-
Develop and implement the Project Safety Plan (Attachment 1).
-
Evaluate trade contractors’ safety and health management
systems utilizing the Joint Venture’s Safety Evaluation (Attachment 2).
-
Notify the Pittsburgh OSHA Area Office of trade contractors that have
completed the Joint Venture Safety Evaluation and have pledged both support
and cooperation to the Partnership (Appendix B).
-
Offer trade contractors safety and health information (i.e.,
toolbox safety meetings) especially on the focused four construction
hazards.
-
Maintain project safety performance report. Require all active trade
contractors to submit an updated OSHA 300 Log for the project.
-
Meet with OSHA quarterly to review the safety performance of the Joint
Venture and trade contractors and provide feedback on noted incident trends or
patterns.
-
Coordinate safety related matters that pertain to site
general conditions such as hazard communications, emergency response,
installation and maintenance of building perimeter guardrail systems and
housekeeping.
|
| VI. |
On-Site Enforcement Verification Inspections and Benefits
In order to assist in measuring the success of this Partnership, an initial
enforcement verification inspection will be conducted after the signing of
this agreement, and annually thereafter. The enforcement verifications may be
conducted as a focused inspection if the site meets the criteria outlined in
OSHA’s current enforcement guidelines. In addition to traditional enforcement
issues, the inspection should assess the Partner’s progress in meeting the
requirements of the Partnership.
Upon execution of the Partnership, and for each year until completion of the
project, participating trade contractors will be granted a twelve – month
inspection deletion from programmed inspections, following a successful
initial, and annual enforcement verification inspection.
OSHA will not issue penalties to participating trade contractors for
other-than-serious violations, provided the violations are immediately abated.
OSHA reserves the right to issue penalties for regulatory violations for which
mandatory penalties are established pursuant to the policy set forth in the
Field Inspection Reference Manual (FIRM).
When calculating initial penalty reductions, OSHA may provide an additional
10% penalty reduction for good faith to participating trade contractors
provided they have taken steps to adopt into their safety and health
management system all of the provisions of the Partnership Agreement. This
additional reduction will not apply to high gravity serious, willful, failure
to abate or repeat citations. In cases where a trade contractor’s total
penalty reduction is 100 percent or more, the minimum penalty provisions of
OSHA’s FIRM will apply.
OSHA will provide, as resources allow, timely responses to requests for
information and clarification of OSHA standards.
|
| VII. |
OSHA Inspections
This Partnership provides for the timely response to each allegation of a
safety or health hazard brought to its attention by any person. Upon a finding
that an allegation is valid, the responsible trade contractor shall promptly
abate the hazard.
OSHA agrees that a copy of each non-formal complaint related to the work at
the site and filed with OSHA will be forwarded by fax or mail to the
Pittsburgh Arena Project site office. The identity of a complainant requesting
confidentiality will not be revealed. The Joint Venture agrees to investigate
these complaints and provide OSHA with a written response within 24 hours
after receipt of the complaint.
Failure to meet this time frame, or providing a response determined by OSHA to
be inadequate, will place the complaint/referral outside the scope of this
Partnership and OSHA will respond as it would to any complaint of a similar
nature.
OSHA personnel will continue to conduct investigations resulting from formal
complaints, referrals, fatalities, catastrophes, other accidents or
significant events. OSHA will also investigate contractors whose employees are
exposed to or are creating plain view hazards at the project. OSHA will not
issue penalties to participating contractors for other-than-serious
violations, provided the violations are immediately abated.
|
| VIII. |
Employee/Employer Rights
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 OSH Act.
|
| IX. |
Leveraging
This Partnership seeks to leverage the resources of both, the Joint Venture
and OSHA to have a greater and more positive impact on safe working
conditions at this site than could be achieved otherwise.
|
| XI. |
Evaluation
Partners will jointly prepare an annual evaluation of the Partnership using
Appendix D. The evaluation will review the success of the Partnership,
lessons learned, and changes that will be made to meet the goals of the
Partnership.
|
| XII. |
Termination
This Partnership will terminate two years from the date of the signing or
upon completion of the Pittsburgh Arena Project. If either OSHA or the Joint
Venture wishes to withdraw its participation prior to the established
termination date, the agreement will terminate upon receiving a written
notice of the intent to withdraw from either signatory.
|
| XIII. |
Paperwork Reduction Act
Paperwork Reduction Act Notice Form Approved MB# 1218-0244 Expires 01-31-2009
Public reporting burden for the time needed to develop the Partnership
requirements, craft agreement language, and conduct an internal review process
is estimated to be an average of 11 burden hours per respondent.
|
United States Department of Labor
Occupational Safety & Health
Administration
Based on a mutual interest to protect construction workers, the below parties
agree to the terms of the OSHA / P. J. Dick – Hunt, A Joint Venture
Partnership Agreement for the construction of the Pittsburgh Arena.
Signed _______ day of ____________________ , 2008
Partners: |
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for
Occupational Safety and Heath |
|
For the Joint Venture,
Clifford R. Rowe, Jr.
Chief Executive Officer
P.J. Dick Incorporated
|
|
Robert Szymanski
Area Director
Pittsburgh Area Office
USDOL/OSHA |
|
For the Joint Venture,
Rick DeJean
Vice President
Hunt Construction Group
|
|
PARTNERSHIP FACT SHEET – APPENDIX A
Region III of the Occupational Safety and Health Administration (hereafter
referred to as "OSHA") and the PJ Dick-Hunt, A Joint Venture (hereafter
referred to as "Joint Venture"), have agreed to implement an OSHA Strategic
Partnership (hereafter referred to as "Partnership") during construction of
the Pittsburgh Arena Project (hereafter referred to as "Project").
The goal of this Partnership is to encourage joint cooperation between OSHA,
the Joint Venture, and trade contractors to foster a safe work environment for
all project employees as described in this agreement.
The agreement between the Joint Venture and OSHA calls for the project to be
managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or
it’s equivalent.
Under the Partnership, the contractors expect that OSHA will acknowledge
superior performance by providing timely responses to requests for
information, requests for clarification of OSHA standards and other benefits
as resources allow. To show their commitment to the Partnership, contractors
will voluntarily sign a pledge (Appendix B)
This Partnership will not relieve any trade contractors from or lessen their
safety responsibilities nor change any contractual obligations between the
Joint Venture, Project Owner/Developer, or trade contractor, nor does it
lessen any/all affirmative defenses, legal rights or due process afforded with
respect to OSHA enforcement action.
This Partnership will not in any way affect employees’ ability to exercise
rights under the OSH Act and OSHA regulation.
This agreement is consistent with OSHA’s long-range effort to develop a
contractor/government partnership approach to safety management. It allows for
better use of OSHA resources and for innovation in safety management, and it
encourages more participation in the safety process by each stakeholder.
PLEDGE – APPENDIX B
Region III of the Occupational Safety and Health Administration (hereafter
referred to as "OSHA") and the PJ Dick-Hunt, A Joint Venture (hereafter
referred to as "Joint Venture"), have agreed to implement an OSHA Strategic
Partnership (hereafter referred to as "Partnership") during construction of
the Pittsburgh Arena Project (hereafter referred to as "Project").
The goal of this Partnership is to encourage joint cooperation between OSHA,
the Joint Venture, and trade contractors to foster a safe work environment for
all project employees as described in this agreement.
The agreement between the Joint Venture and OSHA calls for the project to be
managed consistent with OSHA’s 1989 Safety and Health Management Guidelines or
it’s equivalent.
Under the Partnership, the contractors expect that OSHA will acknowledge
superior performance by providing timely responses to requests for
information, requests for clarification of OSHA standards and other benefits
as resources allow. To show their commitment to the Partnership, contractors
will voluntarily sign a pledge (Appendix B)
This Partnership will not relieve any trade contractors from or lessen their
safety responsibilities nor change any contractual obligations between the
Joint Venture, Project Owner/Developer, or trade contractor, nor does it
lessen any/all affirmative defenses, legal rights or due process afforded with
respect to OSHA enforcement action.
This Partnership will not in any way affect employees’ ability to exercise
rights under the OSH Act and OSHA regulation.
This agreement is consistent with OSHA’s long-range effort to develop a
contractor/government partnership approach to safety management. It allows for
better use of OSHA resources and for innovation in safety management, and it
encourages more participation in the safety process by each stakeholder.
Based on mutual interest to protect construction workers, the below party
pledges both support and cooperation to the OSHA / P.J. Dick-Hunt, A Joint
Venture Partnership Agreement by following the P. J. Dick-Hunt Project Safety
Plan.
Authorized Representative (print / type)
Signature
Title (print / type)
Company / Organization (print / type)
SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION – APPENDIX C
-
Joint Venture and trade contractors have implemented a comprehensive
written Project Safety Plan.
-
Joint Venture maintains copies of trade contractors’ safety
and health plans, hazard communication plans, and fall protection plans (where
applicable) or Joint Venture requires trade contractor to follow its safety
plan.
-
Joint Venture and trade contractors have designated safety representatives
at the site who conducts documented safety inspections of work, has through
training and experience, can recognize hazards, and has authority to take
prompt corrective action. Training equivalent to the OSHA 10-Hour Construction
Outreach Course is satisfactory.
-
Joint Venture and trade contractors have trained field
supervisory personnel and has provided additional training for competent
persons in such areas as scaffolding, excavation, fall protection, crane
operations, etc. (Additional training will be dictated by the type and scope
of the work the trade contractor routinely conducts).
-
Joint Venture provides a safety and health management system
orientation for all new workers, including hazard recognition specific to the
work sites.
-
Joint Venture and trade contractor have evidence of employee
involvement including, but not limited to, participation in self-audits, site
inspections, job hazard analysis, safety and health management system reviews,
safety training and accident / near-miss investigations.
-
Joint Venture and trade contractors conduct and document
weekly employee safety meetings.
-
Joint Venture conducts and documents self-audits.
-
Joint Venture and trade contractor follow a six-foot fall
protection policy.
-
Joint Venture and trade contractors have a written
enforcement program.
OSHA STRATEGIC PARTNERSHIP PROGRAM – ANNUAL PARTNERSHIP EVALUATION REPORT –
APPENDIX D
VI. Cover Sheet
| Goals of Partnership |
| Goal |
Strategy |
Measure |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| Strategic Management Plan Target
Areas (check one) |
| Construction |
|
Amputations in Manufacturing |
|
| General Industry |
|
|
|
| Strategic
Management Plan Areas of Emphasis (check all applicable) |
| Amputations in Construction |
|
Oil and Gas Field Services |
|
| Blast Furnaces and Basic Steel Products |
|
Preserve Fruits and Vegetables |
|
| Blood Lead Levels |
|
Public Warehousing and Storage |
|
| Concrete, Gypsum and Plaster Products |
|
Ship/Boat Building and Repair |
|
| Ergo/Musculoskeletal |
|
Silica-Related Disease |
|
| Landscaping/Horticultural Services |
|
|
|
|
VII.
Section 1 General Partnership Information |
| Date of Evaluation Report |
|
| Evaluation Period |
| Start Date |
|
End Date |
|
| Evaluation Contact Person |
|
| Originating Office |
|
| Partnership Coverage |
| # Active Employers |
|
# Active Employees |
|
| Industry Coverage (note range or
specific SIC and NAICS for each partner) |
| Partner |
SIC |
NAICS |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
|
VIII.
Section 2 Activities Performed |
| Note whether an activity was
required by the OSP and whether it was performed |
| |
Required |
Performed |
| a. Training |
|
|
| b. Consultation Visits |
|
|
| c. Safety and Health Management Systems
Reviewed/Developed |
|
|
| d. Technical Assistance |
|
|
| e. VPP-Focused Activities |
|
|
| f. OSHA Enforcement
Inspection |
|
|
| g. Offsite Verifications |
|
|
| h. Onsite Non-Enforcement Interactions |
|
|
| i. Participant Self-Inspections |
|
|
| j. Other Activities |
|
|
| 2a. Training (if performed,
provide the following totals) |
| Training sessions conducted by OSHA staff |
|
| Training sessions conducted by non-OSHA staff |
|
| Employees trained |
|
| Training hours provided to employees |
|
| Supervisors/managers trained |
|
| Training hours provided to supervisors/managers |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2b. Consultation Visits (if
performed, provide the following total) |
| Consultation visits to partner sites |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2c. Safety and Health Management
Systems (if performed, provide the following total) |
| Systems implemented or improved using the
1989 Guidelines as a model |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2d. Technical Assistance (if
performed, note type and by whom) |
| |
Provided by OSHA Staff |
Provided by Partners |
Provided by Other Party |
| Conference/Seminar Participation |
|
|
|
| Interpretation/Explanation of Standards or OSHA Policy |
|
|
|
| Abatement Assistance |
|
|
|
| Speeches |
|
|
|
| Other (please specify) |
|
|
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2e. VPP-Focused Activities (if
performed, provide the following totals) |
| Partners/participants actively seeking VPP participation |
|
| Applications submitted |
|
| VPP participants |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2f. OSHA Enforcement Activity (if
performed, provide the following totals for any programmed, unprogrammed, and verification-related
inspections) |
| OSHA enforcement inspections conducted |
|
| OSHA enforcement inspections in compliance |
|
| OSHA enforcement inspections with violations cited |
|
| Average number of citations classified as Serious, Repeat, and
Willful |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2g. Offsite Verification (if
performed provide the following total) |
| Offsite verifications performed |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2h. Onsite Non-Enforcement
Verification (if performed provide the following total) |
| Onsite non-enforcement verifications performed |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2i. Participant Self-Inspections
(if performed provide the following totals) |
| Self-inspections performed |
|
| Hazards and/or violations identified and corrected/abated |
|
| Comments/Explanations (briefly
describe activities, or explain if activity required but not performed) |
|
| 2j. Other Activities (briefly describe other
activities performed) |
|
|
IX.
Section 3 Illness and Injury Information* |
| Year |
Hours |
Total Cases |
TCIR |
# of Days Away from Work Restricted and
Transferred Activity Cases |
DART |
| 2008 |
|
|
|
|
|
| 2009 |
|
|
|
|
|
| 2010 |
|
|
|
|
|
| Total |
|
|
|
|
|
| Three-Year Rate (2007-2009) |
|
|
|
|
BLS National Average for 2006 |
|
|
|
| Baseline |
|
|
|
|
|
*Sample Chart – not required format
|
X.
Section 4 Partnership Plans, Benefits, and Recommendations |
| Changes and Challenges
(check all applicable) |
| |
Changes |
Challenges |
| Management Structure |
|
|
| Participants |
|
|
| Data Collection |
|
|
| Employee Involvement |
|
|
| OSHA Enforcement Inspections |
|
|
| Partnership Outreach |
|
|
| Training |
|
|
| Other (specify) |
|
|
| Comments |
|
| Plans to Improve
(check all applicable) |
| |
Improvements |
N/A |
| Meet more often |
|
|
| Improve data collection |
|
|
| Conduct more training |
|
|
| Change goals |
|
|
| Comments |
|
| Partnership Benefits (check all
applicable) |
| Increased safety and health awareness |
|
| Improved relationship with OSHA |
|
| Improved relationship with employers |
|
| Improved relationship with employees or unions |
|
| Increased number of participants |
|
| Other (specify) |
|
| Comments |
|
| Status Recommendation
cCheck one) |
| Partnership Completed |
|
| Continue/Renew |
|
| Continue with the following provisions: |
|
|
| Terminate (provide explanation) |
|
|
|
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