1. IDENTIFICATION OF PARTNERS
This strategic partnership will heighten the visibility of OSHA at Structure Tone Organization (STO)
projects, as well as continue to nurture a cooperative relationship. The partners in this program
include:
- Structure Tone Organization (STO) companies:
Structure Tone, Inc. / Affiliate Companies
Pavarini-McGovern, Inc.
Pavarini (NE), Inc.
Pavarini (SE), Inc.
Constructors and Associates, Inc.
- The Occupational Safety and Health Administration (OSHA).
Participants will also include Structure Tone subcontractors while performing
work at the projects listed in Appendix A.
2. PURPOSE AND SCOPE
The hazards associated with the construction industry are well documented. These hazards increase in
complexity in typical multi-story or large complex interior renovation type projects. The Structure
Tone organization (STO) supports the efforts of OSHA towards the reduction and/or elimination of
these hazards and recognizes the importance and value of leadership commitment in this regard. To
facilitate OSHA's goal of reducing occupational-related fatalities and serious injuries in the
construction industry, OSHA and STO agree to the joint implementation of this partnership at all
projects named in Appendix A.
The Structure Tone organization is a worldwide construction services leader delivering a wide range
of projects on time, within budget at the highest levels of safety and quality. With over 1,450
construction professionals on staff in offices throughout the United States and abroad, Structure
Tone provides its clients with a uniform standard of performance and quality regardless of a
project's location. Primary projects include but not limited to core and shell base building,
mission critical data centers, education facilities and financial institutions. These projects
typically impact hundreds of sub-contractors and thousands of workers annually.
3. GOAL, STRATEGIES AND MEASURES
Through this partnership, STO will strive to reduce injuries and illnesses for STO and subcontractor
employees at participating project sites through the effective implementation and use of a safety
and health management system (SHMS)*.
| Goals |
Strategies |
Measures |
- Reduce Total Case Incidence Rate (TCIR) and Days
Away Restricted, Transfer Case Incidence Rate (DART) by 3% each year.
|
- Develop a system to track and address incidences related to falls, electrical, caught-between
and struck by hazards.
- Implement a SHMS consistent with Appendix B.
|
- Total employers and employees hours (STO and subs).
- Total case injury and illness rates.
- % of participating sites with an effective SHMS based on criteria in Appendix B.
NOTE: STO will utilize 2007 year-to-date data as initial baseline for
statistical purposes. |
- Improve SHMS for sub- contractors at partner sites
|
- Develop criteria for a model contractor SHMS
- Provide safety and health training and educational materials to all on-site contractors.
|
- Number/% of contract employees trained.
- Number of training sessions per site.
- Total training hours per site.
- Number/% of subs (per project) that implemented or improved their SHMS.
|
- Develop safety and health outreach tools and/or hazard awareness material for Hispanic
workers.
|
- Develop tools to include but not limited to: bi-lingual project signage, bi-lingual
orientation, bi-lingual tool box talks and subcontractor support utilizing bi-lingual foreman and
supervision.
|
- Number of training sessions in Spanish.
- Total training hours in Spanish.
- Summary of training evaluations prepared by sub contractors.
|
An annual evaluation will be conducted by OSHA, with input from its
partners, to assess progress toward the partnership goals. The evaluation shall be conducted on
the anniversary date of the signing, and will address the goals, strategies, and measures listed
in Section 3. The evaluation will be consistent with the latest annual partnership evaluation
format provided in Appendix C of the OSPP Directive, CSP 03-02-002.
5. PARTNERSHIP BENEFITS
OSHA will provide benefits to STO and participating subcontractors for worked performed where STO
has control over the work environment, i.e., STO serving as the general contractor. Work performed
at projects listed in Appendix A that receive an OSHA onsite enforcement verification will receive
the following benefits:
- In an instance where a citation is issued and when calculating initial penalty reduction, OSHA may
provide an additional 10% reduction for good faith beyond the reductions provided in the FIRM where
STO, 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 STO'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).
- Upon completion of a comprehensive OSHA onsite enforcement verification visit, the STO projects
listed in Appendix A may be deleted from the programmed inspection list for up to one year. This
deletion from inspection will not apply to work at projects not specifically identified in the
partnership.
- Technical assistance and guidance as resources allow.
- Project sites listed in Appendix A will be given priority consideration for technical assistance
and guidance as resources allow.
6. VERIFICATION AND OSHA INSPECTIONS
Onsite Enforcement Verification
For those project sites listed in Appendix A, the appropriate OSHA Area Office will conduct an
inspection of each participating project in an enforcement capacity and may issue citations and
penalties. Enforcement inspections are performed in accordance with the applicable sections of the
FIRM. In addition to traditional enforcement issues, the inspection should assess the partner's
progress in meeting the requirements of the Partnership agreement. During verification enforcement
inspections, OSHA will follow the guidelines for a focused inspection as found in the "Guidance to
Compliance Officers for Focused Inspections" of August 22, 1994 and Revision 2 of September 20,
1995.
As resources allow, OSHA will attempt to conduct enforcement verification inspections within 90 days
of the effective date of this Partnership Agreement and annually thereafter.
Offsite Verification
Projects considered for offsite verification visits will be performed by the local OSHA Area Office,
at their discretion, through the Partnership Management Team (PMT). Without actual entry to the
worksite, offsite verification will include a review of partnership data, reports, and records.
Documentation will be reviewed to determine whether partners are implementing the provisions of the
Partnership agreement. The documentation for review will be selected by the PMT and will relate to
the goals, objectives and stated measures of the agreement. Examples include injury and illness
data, training course agendas and rosters, results of surveys, or results of self-audits. This
review will be conducted to coincide with the annual partnership evaluation (Section 4).
OSHA Unprogrammed Activities
This Partnership Agreement does not diminish OSHA's authority to conduct unprogrammed inspections of
fatalities, catastrophes, complaints or referrals. If citations are issued as a result of an
inspection, OSHA may conduct a follow-up to verify abatement.
7. PARTNERSHIP MANAGEMENT
A Partnership Management Team (PMT) will be formed to facilitate the direction and management of the
Partnership. The PMT will consist of the following STO and OSHA representatives:
- OSHA National Office representation from the Directorates of Cooperative and State Programs and
Construction
- OSHA Regional and/or Area Office staff
- STO corporate and field representatives
Other representatives may be asked to participate as needed to provide
technical assistance.
The PMT will perform a variety of activities to facilitate the success of the Partnership,
including:
- Determine Partnership procedures
- Hold quarterly conference calls
- Track, analyze, and share information on Partnership activities and results
- Meet at least annually to jointly evaluate the effectiveness of the Partnership. The evaluation
will be due annually on the effective date of the Partnership, and will follow the written format
listed in the OSHA Directive on Strategic Partnerships, Appendix C
- Add future participant sites with at least 12-months remaining before completion
- Ensure that issues and concerns, as well as best practices and successes, are appropriately
communicated
Prior to enrolling a new project into the partnership:
STO will:
- Notify the National OSHA Office and the Partnership Implementation Team of an upcoming
construction project.
- Review subcontractors' safety and health plans/program.
- Document subcontractors' safety / designated competent person.
- Inform subcontractors of the OSHA Strategic Partnership.
- Inform all subcontractors of the project safety and health management system requirements,
roles, and responsibilities.
OSHA will:
- For project sites listed in Appendix A, the appropriate Area Office will conduct an onsite
enforcement verification inspection and will provide resources, when available.
- For project considered for offsite verification (to be determined locally), the appropriate
Area Office will conduct an initial "Meet and Greet" via conference call where no prior contact
with the site has been made; participate, as needed and as resources allow, in initial site safety
and health meetings.
- The Area Office will communicate any issues or concerns with the Partnership Management Team
for quick resolution.
8. ROLES AND RESPONSIBILITIES
OSHA will:
- Provide technical assistance, including interpretations of OSHA standards, both on and off
site, as resources allow, in reviewing the STO site-specific safety and health management system.
- Help identify, through the review of OSHA 300 data and/or site accident reports, the primary
causal factors in injuries and illnesses, in particular the four top hazards and provide technical
assistance as required to assist in the hazard correction.
- Provide access to training, as resources allow, including available OSHA Training Institute
Courses and information on other available sources for training.
- Participate in STO training sessions and meetings, as resources allow.
- Provide, as required and available, outreach information and assistance during initial
implementation, as resources allow.
- Take steps to ensure OSHA staff who conduct inspections of partnership sites are familiar with
the terms and scope of this Partnership.
- Promote the partnership and recognize successful completion of milestones and accomplishments.
STO will:
- Provide OSHA with opportunities to announce and publicize agency information related to
construction safety and health.
- Prepare a monthly safety report that will include information as outlined in the partnership
goals, strategies, and measures. Results will be forwarded to OSHA on a quarterly basis.
- Ensure that each participating project is staffed with a safety and health representative that
will also be the primary partnership contact for that project. This individual shall ensure that
the site is following the requirements of the partnership agreement.
- Ensure that project-specific safety and health orientation training is given to employees and
new hires to fit each subcontractor's particular circumstances and situations. Appropriate
training will also be provided to all supervisors to ensure proper implementation of the project(s)
safety and health management system.
- Document evaluations and provide to OSHA upon request.
- Provide leadership, guidance and a positive example to subcontractors, and associates.
- Encourage employee involvement in the day-to-day implementation of work site safety and health
programs through the project safety and health committee.
Contractually Obligated Participating Subcontractors will:
- Conduct and document safety and health training by, or under the direction of, a competent or
qualified person. Training will integrate safety and health requirements with upcoming tasks. This
shall be accomplished through "toolbox" meetings and "Job Safety Hazard Analysis" (JSHA).
- Periodically assess the results of training conducted to ensure effectiveness.
- Where workers do not speak English, provide training in the language understood by the worker.
9. EMPLOYER AND EMPLOYEE RIGHTS
This partnership does not preclude employees and/or employers from exercising any rights provided
under the OSH Act, nor does it abrogate any responsibility to comply with rules and regulations
adopted pursuant to the Act.
This partnership agreement fully endorses and recognizes the value of employee participation. The
opportunity for employees to exercise their rights, which are guaranteed under the OSH Act, will not
be infringed upon by this partnership agreement.
10. TERM OF AGREEMENT
This Agreement will terminate on February 19, 2010, which is two years from the date of the signing.
If either STO or OSHA withdraws their participation in this partnership prior to the established
termination date, written notice of the intent to withdraw must be provided to the other signatories
and the agreement is terminated.
OSHA may also terminate an individual partnership project participation at any time with written
notice to both the site and STO. Additionally, the project may withdraw their participation from the
partnership at any time with a written notice to OSHA of the intent to withdraw.
11. SIGNATURES
Signed this day, February 19, 2008
| For OSHA |
For STO |
Name: Edwin G.
Foulke, Jr.
Title: Assistant Secretary |
Name: Robert Mullen
Title: CEO, Structure Tone, Inc. |
Appendix A: Participating STO Sites
Projects to Receive Onsite Enforcement Verification |
| Business Unit |
Region |
City |
Name of Project |
Status/Start |
Completion (est.) |
Est. Hours |
| Structure Tone, Bos |
I |
Boston |
Bingham McLuchin |
Started |
September, 2008 |
125,000 |
| Structure Tone, NY |
II |
New York |
MetLife |
December, 2007 |
January, 2009 |
400,000 |
| Pavarini/McGovern, NY |
II |
New York |
New York Law School |
Started |
March, 2009 |
450,000 |
| Pavarini/McGovern, NY |
II |
New York |
45th Street Hotel |
Started |
April, 2009 |
500,000 |
| Structure Tone, DC |
III |
Washington, DC |
Washington Hotel |
January, 2008 |
October, 2008 |
200,000 |
| Pavarini (SE), Fla. |
IV |
Boca Raton |
1000 Ocean |
January, 2008 |
June, 2009 |
500,000 |
| Pavarini (SE), Fla. |
IV |
North Miami |
State School QQQ-! |
December, 2007 |
December, 2008 |
225,000 |
| Constructors |
VI |
Houston |
Deloitte fit-out |
January, 2008 |
December, 2008 |
225,000 |
| Constructors |
VI |
Dallas |
Bank of America (Data) |
September, 2007 |
June, 2008 |
200,000 |
| Appendix B: SAFETY AND HEALTH MANAGEMENT SYSTEM |
Each participating STO partnership project site will develop and/or implement a
safety and health management system, following the requirements of 29 CFR 1926 as well as the OSHA 1989
Safety and Health Program Management Guidelines. Additional STO safety management requirements will be
followed and include:
- A fall protection program will be implemented for employees exposed to fall hazards greater
than six (6) feet above the lower level. However, exceptions may be made by STO when standards
dictate otherwise.
- The use of GFCI's will be mandatory on all line-voltage electric tools and equipment.
- A site specific emergency action plan shall be developed for each participating partnership
project. Periodic drills may be conducted to assure that the plan is effective.
- STO shall develop a comprehensive Safety and Health Management System which assures the
dedication of adequate resources. The System shall contain hazard control programs, adopt the
hierarchy of controls and stress the evaluation and use of engineering and administrative controls
to control worksite hazards.
- STO will appoint a safety representative at partnership projects.
- STO will evaluate subcontractor safety and health performance prior to selection and
periodically while on project sites to ensure that they meet established criteria. Each
subcontractor will provide STO with their records of occupational injury and illness. Each
subcontractor will comply with the Safety and Health Management System. Within 30 days of entering
the Partnership, each project will conduct a meeting with all subcontractors to explain
performance expectations and assure commitment. OSHA will be invited to attend this meeting.
Positive reinforcement and assistance will be provided if a subcontractor is found to be
deficient. STO and OSHA will provide resources as necessary and available to assist subcontractors
with safety and health issues.
- At the end of each project phase, or not less frequent than annually, STO shall compile a
report that audits and measures the successes of the Safety and Health Management System, makes
recommendations and documents opportunities for improvement.
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