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Region V > #630 Partnership Agreement |
 Printing Instructions |
STRATEGIC PARTNERSHIP BETWEEN
R.C. WEGMAN CONSTRUCTION COMPANY,
the OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION,
And the
ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM
ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
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I. BACKGROUND/IDENTIFICATION OF PARTNERS
A. Background
To facilitate OSHA's goal of reducing occupational-related fatalities and serious injuries within
the construction industry, OSHA and R.C. Wegman 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 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 Aurora Police Headquarters and
Branch Court Facility Construction Project. 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. 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. Partners
- R.C. Wegman Construction Company
- U.S. Department of Labor/OSHA – Aurora Area Office
- Onsite Safety and Health Consultation – Illinois Department of Commerce and Economic
Opportunity
All contractors and their subcontractors that work on this project are considered
Partners. The contract(s) between R.C. Wegman Construction Company, subcontractors and sub-tier
subcontractors set forth a provision requiring participation in this partnership.
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by R.C. Wegman 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.
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 the On-site
Consultation Programs, R.C. Wegman Construction Company expects to reduce exposure to hazards and
the incidence of serious injuries and fatalities at the Aurora Police Headquarters and Branch Court
Facility Construction Project. 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 these fatalities, the construction industry sector
recorded 1,226 fatal work injuries, the most of any industry sector, an increase of 7.75 percent
over the number reported in 2003.
The hazards associated with the construction industry are well documented. OSHA has identified the
top four causes of fatalities: 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 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
Outcomes of this Partnership may include:
- Reduction in injuries, illnesses and fatalities at the Aurora Police Headquarters and Branch
Court Facility Construction Project;
- Development of a model safety and health program;
- Creation and dissemination of new safety and health materials to all subcontractors;
- Mentoring and training of subcontractors and their employees;
- Increased communication between stakeholders and resultant mutual respect;
- Development of a business/labor/government partnership approach to safety management;
B. Goals
Participants of this Partnership will strive to:
- Reduce serious injuries and illnesses and provide a safe and healthful work environment for
employees at the Aurora Police Headquarters and Branch Court Facility Construction Project;
- Maintain lost time injuries and illnesses at a rate of 15% (2.9) below the BLS industry average
(3.4);
- Increase the number and improve the quality of safety and health programs and best practices
implemented among subcontractors and sub-tier subcontractors; and
- Increase the number of employees, employers and supervisors who have completed relevant safety
training.
C. 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, identifying potential hazards to
employee safety and health.
- Where health hazard exposures may exist, appropriate testing and evaluation will be required to
ensure effective employee protection. Personal air monitoring will be conducted to assess employee
exposure levels when required. Where the potential for other health issues, such as carbon monoxide,
lead, or large-scale use of chemicals, exists, the appropriate subcontractor will conduct air
monitoring to assess employee exposure levels where necessary, in accordance with their safety
program. Copies of these results will be shared with OSHA.
- Correct hazards found during the project on a day-to-day basis.
- Strive for zero injuries on the job and increase safe processes and/or procedures.
- Require all fall protection at the 6' level and above.
- Although providing mandatory fall protection at the 6' level is not required by the current OSHA
Construction Standards in every instance, and is not mandated by OSHA as a requirement for
participation in any OSHA partnership agreement, the contractors, subcontractors and sub-tier
subcontractors on 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:
- 50% of R.C. Wegman Construction Company on-site supervisory personnel and at least 15% of the
subcontractor'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 certification card showing completion of the course.
- All onsite workers 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. At least 50% of all onsite workers for more than 30
consecutive days will receive follow-up training, as needed.
- Safety and health training to Hispanic/Latino subcontractors with non-English 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.
- Require subcontractors and sub-tier subcontractors to train employees in the OSHA 10-hour
construction course (or its equivalent) 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 certification card showing completion of the course. OSHA will provide
assistance, depending on available resources.
- Require subcontractors who have written safety and health programs to submit them to R.C. Wegman
Construction Company. Companies that do not have their own written safety and health programs have
the option of by utilizing services provided by Onsite Consultation.
- Require subcontractors 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 Aurora
Police Headquarters and Branch Court Facility 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.
- A Site Safety Leadership Team (safety committee) will meet at least monthly with major
subcontractors and sub-tier subcontractors represented. At least 50% of this team will be comprised
of field craft employees.
- OSHA may provide benefits to participating companies that voluntarily improve their safety and
health performance. See Benefits section, below;
D. Measurement Systems
- The measurement system will use OSHA recordable injuries and illnesses to determine the total
lost workday injury and illness rate for the site compared to the average for the construction
industry nationally.
- Activity measures shall include the applicable number of employers, supervisors and employees
trained. R.C. Wegman Construction Company 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.
- Outcome measures will be gathered on an monthly basis, and will incorporate data to analyze the
number of hours worked, number of injuries, illnesses and fatalities, and the number of serious
violations found as a result of onsite audits, job site inspections, and OSHA inspection activity.
- Track the number of actions taken to 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.
- Measurement factors will be compiled monthly by each contractor and at the end of the project.
IV. ANNUAL EVALUATION
The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual
Evaluation Format measurement system, as specified in Appendix C of OSHA Directive CSP 03-02-002.
It will be the responsibility of each subcontractor to provide R.C. Wegman Construction Company
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 with input
received from the partners.
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 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 OnSite Consultation and 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 activity.
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.
R.C. Wegman Construction Company and its subcontractors will remain subject to OSHA inspections and
investigations in accordance with agency procedures. 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
A. R.C. Wegman Construction Company:
- Implement R.C. Wegman Construction Company's comprehensive safety and health programs, which
includes:
- Management commitment and employee involvement;
- Hazard analysis;
- Hazard control;
- Mentor subcontractors who have not yet developed their own safety and health program and, if
necessary, refer them to OSHA and/or Onsite Consultation for assistance
- Enforce 100% fall protection for all fall hazards over six (6) feet. (Refer to Section C:
Strategies). This shall include roofing and leading edge work, overhand bricklaying, and installing
formwork or reinforcing steel.
- Ensure that all contractor employees will be protected by the use of Ground Fault Circuit
Interrupters (GFCI).
- The Safety Director for R.C. Wegman Construction Company will be responsible for overseeing site
safety, to serve as a point of contact, and to oversee the partnership goals.
- The R.C. Wegman Construction Company Project Management Team and/or Safety Coordinator will
conduct daily safety audits.
- Conduct and document job-site 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.
- The R.C. Wegman Construction Company Site Safety Leadership Team will coordinate and conduct 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 is required. R.C. Wegman Construction Company 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 unprogrammed
activities such as fatalities and employee complaints).
- Audit the partnership and make recommendations for improvement.
- Share and make available to all workers job-site inspections and near-misses incidents.
- May request the services from Onsite Safety and Health Consultation Program, IL DCEO.
- When health-related issues arise during the course of the work, which are beyond the scope of
R.C. Wegman Construction Company, referrals will be made through R.C. Wegman Construction Company to
the Onsite Consultation Service.
- No employee will be allowed 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 and eye protection, as a
minimum, will be worn at all times on the worksite. Employees working at night, in low-light
conditions, and/or around heavy equipment will be required to wear high-visibility reflective vests
or clothing.
B. OSHA:
- Participate in the quarterly Partnership Committee meetings, but not participate in the
walkaround inspection.
- The Compliance Assistance Specialist from the North Aurora Area Office may be used as a resource
for technical issues, and will be available to assist with safety and health training/tool box
meetings.
- Give priority to the Aurora Police Headquarters and Branch Court Facility Construction Project
when technical assistance is needed.
- Conduct inspections in accordance with section VI of this partnership.
- Review R.C. Wegman Construction Company safety and health self-audits.
C. OnSite Safety and Health Consultation Programs:
- Provide assistance as necessary to attain the training goals outlined in paragraph III.
- Participate in the quarterly Partnership Committee meetings.
- Schedule quarterly consultation visits to the Aurora Police Headquarters and Branch Court
Facility construction worksite.
- Make recommendations for partnership onsite safety and health improvements.
D. Subcontractors:
- Appoint an on-site Partnership Committee member to resolve job site safety matters, and be the
liaison to R.C. Wegman Construction Company Site Safety Coordinator.
- Conduct job-site safety inspections. If non-compliant activity or hazards are discovered,
immediate correction is required. Documentation of abatement methods and verification must be
submitted to the R.C. Wegman Construction Company Site Safety Coordinator.
- 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 R.C. Wegman Construction Company Site Safety
Coordinator who will document the correction taken and share this information during the monthly
update meetings.
- Each major subcontractor will be required to participate in the site safety committee.
- Job-site inspections will be shared and made available to all workers in the project office.
- Request services from 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 providing 30 days notice to the other party(s).
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 R.C. Wegman Construction Company /OSHA Partnership Agreement is_______________, 2007.
Kathy O'Connell, Area Director
North Aurora Area Office |
William Arnolde, Project Manager
R.C. Wegman Construction Company |
Terry R. Bohr
R.C. Wegman Construction Company |
David Kramer
Program Manager
Onsite Safety and Health Consultation
Illinois Department of Commerce and Economic |
R.C. Wegman Construction Company |
R.C. Wegman Construction Company |
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