I. BACKGROUND/IDENTIFICATION OF PARTNERS
- Background
To facilitate OSHA’s goal of reducing occupational-related fatalities and
serious injuries within the construction industry, OSHA, Lucas County Multi
Purpose Arena, and The Lathrop/Turner Company (hereafter called
Lathrop/Turner) 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 the hazards within the construction
industry, and to promote and recognize those jobsites that demonstrate an
effective safety and health program. The partnership agreement is an effective
tool for ensuring safety at the Lucas County Multi Purpose Arena. It will
serve to establish a cooperative effort in ensuring safety and maintaining an
open line of communication between OSHA and contractors on the worksite. The
Partnership is consistent with OSHA’s long-range efforts to develop a
contractor/government partnership approach to safety management, allows for
better use of OSHA resources and innovation in safety management, and it
encourages more participation in the safety process from the construction
community.
- Partners
- Lathrop/Turner
- Lucas County Board of Commissioners
- U.S. Department of Labor/OSHA – Toledo Area Office
- All Prime Contractors and their subcontractors that work on this project are
considered Partners. The contract(s) between Lucas County Board of
Commissioners and Prime Contractors and their subcontractors shall set forth a
provision requiring participation in this partnership.
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by Lathrop/Turner 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.
This initiative represents a voluntary agreement and affords a partnership
alternative to the traditional OSHA enforcement procedures.
By focusing its efforts and utilizing the skills, knowledge and resources of
OSHA and experienced Lathrop/Turner personnel, the Partners expect to reduce
exposure to hazards and the incidence of serious injuries, and to prevent
fatalities at the Lucas County Multi-Purpose Area Project, located at 500
Jefferson Ave., Toledo, Ohio 43604. Increased communication between the
stakeholders, and the resultant mutual respect, are additional benefits
expected to be realized from this cooperative and voluntary partnership.
The Bureau of Labor Statistics (BLS) reported that a total of 5,703 fatal work
injuries were recorded in the United States in 2006, of which the construction
industry accounted for 21% of them (1,226), the most of any industry sector.
This represented an increase of 7.75% over the number reported in 2003.
The hazards associated with the construction industry are well documented.
OSHA identified the top four causes of fatalities as falls, being struck by
equipment or machinery, electrocution, and caught -in- between equipment. On
average, OSHA has traditionally devoted 40-50% of its compliance resources to
enforcement activity in the construction industry. The purpose of the
partnership is to significantly reduce and/or eliminate any incidents on this
project, and achieve a total lost workday injury and illness incident rate per
100 employees for the project below the national average of 3.4.
III. GOALS, STRATEGIES, AND MEASURES
The overall goal of the partnership is to create a working relationship that
focuses on preventing work-related injuries/illnesses and fatalities,
eliminating serious workplace hazards, and establishing a foundation for the
development of an effective safety and health program. This partnership will
strive to achieve that goal by establishing a foundation of proactive measures
which will include:
- A. Outcomes
Anticipated Outcomes of this Partnership may include:
- Reduced employee exposure to serious safety and health hazards to minimize,
to the greatest extent possible, the risk of serious injuries and illnesses to
employees at the Lucas County Multi Purpose Arena Project (resulting in a
total lost workday injury and illness incident rate per 100 employees well
below the national average of 3.4 for the project);
- Development of a model safety and health program;
- Creation and dissemination of new safety and health materials to all
contractors;
- Mentoring and training of contractors and their employees;
- Increased communication between stakeholders and resultant mutual respect;
- Development of a business/labor/government partnership approach to safety
management; and
- OSHA resources directed towards Contractors whose safety and health efforts
require assistance.
- Goals
Participants of this Partnership will strive to:
- Provide a safe and healthful work environment, and reduce employee exposure
to serious safety and hazards to minimize to the greatest extent possible the
risk of serious injuries and illnesses for the employees at the Lucas County
Multi Purpose Arena Project;
- Maintain lost time injuries and illnesses at a rate of 25% at or below the
National Construction industry average;
- Increase the number and improve the quality of safety and health programs
and best practices implemented among Contractors and their subcontractors; and
- Increase the number of employees, employers and supervisors who have
completed relevant safety training.
- Strategies
Strategies to achieve one or all of the above goals:
- Empower each and every contractor employee to stop work immediately upon
encountering a safety hazard until corrective actions are implemented.
- Implement a comprehensive job site inspection program.
- Complete job hazard analysis prior to employee exposures to identify
potential hazards to employee safety and health.
- Require (where health hazard exposures may exist) appropriate testing and
evaluation to ensure effective employee protection. Personal air monitoring
will be conducted to assess employee exposure levels when required. Copies of
these results will be shared with OSHA. Contractors/subcontractors shall
comply with the Respiratory Protection Program described in the OSHA Standards
for the Construction Industry 1910.134.
- Effectively correct, on a day-to-day basis, hazards found during the
project by the responsible contractor/subcontractor.
- Strive for zero injuries on the job and increase safe processes and/or
procedures by pre-planning and using the Safety Task Assignment (STA) program.
- Require all fall protection at the 6’ level and above. (Although 6’ fall
protection is not required by the current OSHA Construction Standards in every
instance, the contractors, subcontractors and sub-tier subcontractors in this
partnership are committed to providing a greater level of protection to the
employees working at this site, and will require protection at the 6’ level
and above).
- Ensure employees receive training as follows:
- 100% of Lathrop’s onsite supervisory personnel and at least 100% of the
prime contractor’s and sub-tier subcontractors safety designees will complete
the 30-Hour OSHA construction course (or its equivalent). Subcontractors can
utilize other instructors as long as they can show a valid certificate of
training.
- All onsite workers will receive a site-specific construction safety
orientation covering jobsite safety and health issues, procedures relative to
the work being performed, and the requirements outlined in this Partnership
Agreement.
- Onsite workers will be offered periodic construction safety refresher
classes by a number of qualified trainers (including Lathrop/Turner trainers). OSHA personnel may assist, depending on available resources.
- Safety and health training to Hispanic/Latino subcontractors with
Spanish-speaking employees will be conducted in Spanish should the need arise. OSHA may provide Spanish- speaking instructors as needed, depending on
available resources.
- Other hazard-specific training will be conducted on an as needed basis.
- Weekly safety meetings with the contractor’s site safety representatives
may be facilitated by the Lathrop/Turner’s site safety manager.
- Require prime contractors and sub-tier subcontractors to train employees in
the OSHA 10-Hour construction course (or its equivalent or training specific
to their work) to the extent possible, with a goal of at least 25% of the
expected average number of employees being trained. Subcontractors can utilize
other instructors as long as they can show a valid certificate of training.
OSHA will provide assistance, depending on available resources.
- Ensure that contractors have a site-specific safety program. Companies that
do not have their own written safety and health programs have the option of
utilizing OSHA’s Onsite Consultation program or other appropriate services to
assist them in development of their site-specific program.
- Require contractors to develop written, site-specific safety and health
plans to address the site- specific safety and health hazard exposures
pertinent to their scope of work on the Lucas County Multi-Purpose Area
Construction Project.
- Ensure that all contractors, subcontractors, and sub-tier subcontractors’
safety and health-related issues arising during the course of the construction
work are adequately addressed. All safety and health-related issues will be
discussed quarterly during the partnership meetings.
- Ensure that all contractors, subcontractors, and sub-tier subcontractors
adequately guard all equipment.
- Monitor periodically noise levels of selected activities, and provide
monitoring results to applicable contractors for their use for complying with
the hearing protection requirements contained in 29 CFR 1926.101.
- Strive to ensure compliance with NFPA 70E when working on live electrical
equipment, including training and the availability and use of personal
protection equipment.
- Ensure that the Site Safety Leadership Team (safety committee) will meet
at least monthly with major contractors and subcontractors represented to
review site activities, and recommend any adjustments to safe work practices.
Lathrop/Turner will encourage participation from the field staff to take an
active roll in the safety leadership team.
- Encourage OSHA to provide benefits to participating companies that
voluntarily improve their safety and health performance. See Benefits section,
below.
- Measurement Systems
- The measurement system will use OSHA recordable injuries and illnesses to
determine the total case incident rare (TCIR) for the site compared to the
average for the construction industry in Ohio and nationally.
- Activity measures shall include the applicable number of employers,
supervisors and employees trained. Lathrop/Turner will maintain the records of
the 30-Hour and 10-Hour OSHA training certifications. All contractors,
subcontractors, and sub-tier subcontractors will be required to conduct weekly
safety toolbox talks.
- Gather outcome measures on an monthly basis, and incorporate the data to
analyze the number of hours worked, number of injuries, illnesses and
fatalities, and the number of serious conditions encountered as a result of
onsite audits, job site inspections, and OSHA inspection activities.
- Track the number of actions taken on those individuals who undermine the
jobsite safety philosophy. The tools for tracking these actions may be
re-orientation, near-miss incident reporting and the safety audits.
- Daily jobsite inspections will be performed and documented to identify both
the total number of hazards discovered and corrected by Lathrop/Turner,
contractors and subcontractors. The jobsite inspections will be used to
determine the subsequent progress and improvements with the safety and health
programs.
- Measurement factors will be compiled monthly by each contractor and at the
end of the project.
IV. ANNUAL EVALUATION
The program will be evaluated annually using the OSHA Strategic Partnership
Annual Evaluation Format measurement system, as specified in Appendix C of
OSHA Directive CSP 03-02-002.
Lathrop/Turner will gather the required participant data to evaluate and track
the overall results and success of the partnership program. This data will be
shared with OSHA.
It will be the responsibility of OSHA to conduct, write and submit the annual
evaluation for review and approval by the partnership.
The Consultation Program managers will report the number of subcontractors
that developed or improved their safety and health programs through
consultation.
V. BENEFITS
Participant benefits from OSHA may include:
- Maximum 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 25% reductions provided in the FIRM where the employer, in implementing
the OSP, 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).
- Priority consideration for compliance assistance and offsite technical
assistance (phone calls/faxes) by OSHA as resources allow.
VI. OSHA INSPECTIONS AND VERIFICATION
OSHA will conduct one unannounced enforcement verification inspection each
year for the term of the project. These inspections will be conducted through
normal enforcement inspection procedures. Inspections conducted in response to
complaints, Local Emphasis Programs, or referrals will qualify as the
enforcement verification inspection if, in addition to addressing the
complaint/referral item(s), the compliance officer completes the focused
inspection protocol for the worksite. OSHA will continue to investigate
fatalities and catastrophes that occur at member companies.
VII. EMPLOYEE/EMPLOYER RIGHTS AND RESPONSIBILITIES
This partnership does not preclude employees and/or employers from exercising
any right provided under the OSH Act, nor does it abrogate any responsibility
to comply with rules and regulations adopted pursuant to the Act.
VIII. PARTNERSHIP MANAGEMENT AND OPERATION
- Lathrop/Turner will:
- Implement Lucas County Multi-Purpose Arena Project Safety and Fire
Protection program, including:
- Management commitment and employee involvement;
- Hazard analysis;
- Hazard control; and
- Arrange or facilitate training assistance to workers or other stakeholders
onsite.
- Lathrop/Turner will mentor subcontractors who have not yet developed their
own safety and health program and, if necessary, refer them to OSHA and/or
OSHA Onsite Consultation for assistance.
- Enforce 100% fall protection for all trades performing any activity with
fall hazards over six (6) feet. (Refer to Section C: Strategies). This
includes, but is not limited to, roofing and leading edge work, overhand
bricklaying, installing formwork, erecting pre-cast materials, reinforcing
steel, and steel erection.
- Ensure that all contractor employees will be protected by the use of Ground
Fault Circuit Interrupters (GFCI).
- Assist, through its Safety Director, Safety Manager, and Superintendents in
overseeing site safety, to serve as a point of contact, and to oversee the
partnership goals.
- Conduct safety audits through its Project Management Team and/or Safety
Coordinator.
- Conduct and document jobsite safety meetings/toolbox talks on a weekly
basis.
- Submit monthly accident reports to the partners, including first aid,
injury, property damage, and near-miss reports.
- Coordinate and conduct, through its Lathrop/Turner Site Safety Leadership
Team, a comprehensive site audit on a monthly basis. Partnership Committee
Members will participate in the site safety audit, as resources permit. If
non-compliant activity or hazards are discovered, immediate correction will be
required. Lathrop/Turner will document the corrective action taken, and share
this information during the quarterly update meetings.
- Allow OSHA access to the site during inspection activities (monitoring and
un-programmed activities such as fatalities and employee complaints).
- Audit the partnership and make recommendations for improvement.
- Share jobsite inspections and near-misses incident trends at monthly
safety meetings, and review near-miss events with all workers at scheduled
training sessions.
- Request (their option) the services of OSHA Onsite Safety and Health
Consultation Program.
- Use the OSHA Onsite Consultation Service as a referral when health-related
issues arise during the course of the work which may be beyond the scope of
Lathrop/Turner.
- Not allow employees to work directly below a suspended load except for
employees engaged in the initial connection of steel. Controlled load-lowering
shall be used whenever the load is over the connectors.
- Require the use of appropriate personal protective equipment. Hardhats,
eye protection, and high-visibility or reflective clothing (as a minimum) will
be worn at all times on the worksite.
- Review the contractors and subcontractor’s use of wet-cutting techniques
and/or dust collection systems, in addition to the mandatory use of approved
respiratory protection where the potential for airborne silica exposure
exists. To the extent feasible, personal air monitoring will be conducted by
contractors 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 exists, Lathrop/Turner will strive to ensure that air
monitoring is conducted to assess employee exposure levels. Sampling results
will be shared with all affected employees as well as with OSHA.
- OSHA will:
- Participate in the quarterly Partnership Committee meetings, but not
participate in the walk-around inspection.
- Be available to assist with safety and health training/tool box meetings.
The Compliance Assistance Specialist (CAS) from the Toledo Area Office may be
used as a resource for technical issues.
- Give priority to the Lucas County Multi-Purpose Area Construction Project
when technical assistance is needed, and conduct inspections in accordance
with section VI of this partnership.
- Review Lathrop’s safety and health self-audits.
- Contractors/Subcontractors will:
- Appoint at least one onsite Partnership Committee member to resolve jobsite
safety matters, and be the liaison to Lathrop/Turner Site Safety Manager.
- Conduct weekly jobsite safety inspections. If non-compliant activity or
hazards are discovered, immediate correction is required. Documentation of
these inspections, along with abatement methods and verification, must be
submitted to the Lathrop/Turner Site Safety Manager.
- Participate in the quarterly Partnership Committee meetings and on safety
audits. If non-compliant activity or hazards are discovered, immediate
correction is required. Abatement methods and verification must be submitted
to the Lathrop/Turner Construction Site Safety Manager, who will document the
correction taken and share this information during the monthly update
meetings.
- Be required to participate in the site safety committee (major
subcontractors).
- Share and make available to all workers in the project safety office
jobsite inspection results.
- Request services from OSHA Onsite Consultation as needed.
All subcontractors and sub-tier subcontractors are participants of the
partnership.
IX. TERMINATION
This agreement shall be in effect until completion of construction activities.
Should any "signatory" stakeholder choose to withdraw prior to project
completion, a written notice shall be given stating the reason(s), and the
“signatory” must provide 30-days notice to the other parties. Prior to giving
written notice, it may be necessary for a 30-day discussion period.
If OSHA chooses to withdraw its participation in the partnership, the entire
agreement is terminated. Either party may also propose modification or
amendment of the agreement.
Changes to the Partnership Agreement may be implemented if all parties are in
agreement that it is in the best interest of all members involved.
X. SIGNATURES
The date of this Lathrop/Turner/OSHA Partnership Agreement is_______________,
2008. |
Jule A. Hovi, Area Director
Toledo Area Office |
Joe Zunk, Project Superintendent
Lathrop/Turner Construction |
Doug Martin, Project Executive
Lathrop/Turner |
Tina Skeldon Wozniak, President
Lucas County Commissioner |
Pete Gerken
Lucas County Commissioner |
Ben Konop
Lucas County Commissioner |
|
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