1. The L. F. Driscoll Company will develop, implement and maintain effective, comprehensive safety and health programs in accordance with OSHA’s 1989 Safety and Health Program Management Guidelines or its equivalent.

• The L. F. Driscoll Company will evaluate the site-specific safety and health programs of participating contractors who will be expected to enhance these programs as necessary to meet the partnership performance criteria. The L. F. Driscoll Company will evaluate participants’ programs who have mobilized onsite activities.
• OSHA will evaluate contractor safety and health programs during the OSHA verification inspection and will observe whether the safety and health management systems in place are adequately protecting employees.
  B. Achieve participant recordable illness and injury rates below the national average for the construction industry. A partnership goal is to keep the DART rate (cases with days away from work, job-transfer, or restriction) below the national average for the most recent year published for NAICS 2362 which was 2.7 for 2006. The partnership goal is to further reduce this level annually by at least 4% for the duration of the agreement. The intent is to reduce worker injuries and illnesses to the lowest possible reasonable level.
• Primary causal factors in worker injuries and illnesses will be evaluated and corrected. The top causes of injuries and illnesses will be determined by OSHA during the initial OSHA verification inspection, and may be adjusted based on experience. Injury and illness incidence in the targeted areas will be evaluated through the OSHA 300 logs and other relevant accident reports.
• Systems will be established to identify and correct accidents and near misses.
• OSHA will meet quarterly with partners to examine the injury and illness experience of participants and to make corrections and adjustments as needed.
• DART rates and injury and illness experience will be evaluated through the OSHA 300a log and any other relevant accident reports.

1. OSHA agrees to:
    
   1. Help identify programmatic needs at this site by reviewing the documented safety program and by providing practical help in implementing the program.
       
   2. Help identify, through the collection of OSHA 300 data and site accident and near miss reports, the primary causes of injuries and illnesses, in particular the three top hazards at this site, and develop countermeasures to reduce or eliminate those hazards.
       
   3. Help small business subcontractors establish safety and health programs and training. OSHA will use its best efforts to include small business Subcontractors in all applicable small business programs.
       
   4. Provide assistance to training resources including:
      
      a. OSHA Training Institute Courses (OTI)
      
      b. Information on other available sources of training
       
   5. Provide timely interpretation and clarification of OSHA standards and policy.
       
   6. Participate in training sessions and meetings, as resources allow.
2. The L. F. Driscoll Company agrees that it will administer this partnership program, as outlined herein, and will serve as the principal safety resource in support of participating Subcontractors, and:
    
   1. Provide notice to all subcontractors that the Philadelphia Museum of Art ERR & GAR Projects are subject to a strategic Partnership with OSHA. All employees will be informed of the partnership and provided a fact sheet during orientation, Appendix A.
       
   2. Act as liaison for Subcontractors with OSHA. Subcontractors will be able to contact The L. F. Driscoll Company with questions, who will, in turn, contact OSHA for responses when necessary.
       
   3. Offer on-going information on safety or health topics of importance to subcontractors.
       
   4. Provide up-to-date occupational safety and health materials and brochures from OSHA and other appropriate sources.
       
   5. Organize and provide to Subcontractors OSHA's interpretations of major standards and local interpretations of issues so they can better understand and properly apply OSHA standards in the workplace.
       
   6. Administer the overall partnership program, including but not limited to the initial contact and evaluation of each Subcontractor’s safety and health program and documentation to determine whether the Subcontractor meets the criteria specified within this partnership initiative.
       
   7. Notify OSHA on a regular and recurring basis of the names of Subcontractors that have met the partnership criteria and the status of those who have not.
       
   8. Monitor participating subcontractors to ensure that they carry out their partnership commitments.
       
   9. Monitor subcontractor compliance regarding tool box talks, training verifications, pre-planning meetings, various jobsite permits such as hot work permits and aerial lift permits and subcontractor jobsite inspections.
       
   10. Conduct daily worksite inspections to identify work hazards, conduct written weekly inspections, monthly jobsite safety audits and site safety meetings, and encourage employee involvement.
        
   11. Conduct pre-planning meetings for all high risk activities, conduct job hazard analysis and provide documentation of same, and, to the extent possible, maintain awareness of how the site’s safety and health is impacted by job scheduling and sequencing of activities.
        
   12. Establish a jobsite Labor-Management Safety and Health Committee (Site Safety Committee) to discuss issues regarding safety and health, review accidents, and implement corrective actions as required.
        
   13. Meet with OSHA, quarterly, to examine the injury and illness experience of participants and to make correction s and adjustments as needed.
        
3. The L. F. Driscoll Company and all Subcontractors agree to:
    
   1. Apply all relevant components of their respective comprehensive safety and health programs to the project.
       
   2. Incorporate into a written safety and health program all essential elements of a basic safety and health program including management leadership, worker involvement, worksite analysis, hazard prevention and control, and safety and health training.
       
   3. Comply with all current OSHA standards.
       
   4. Have supervisors provide visible leadership in implementing the safety and health program. This includes:
      
      a) Establishing clear lines of communication with project workers,
      
      b) Setting an example of safe and healthful behavior,
      
      c) Creating an environment that allows project workers access to their top management and for Subcontractor management to have access to The L. F. Driscoll Company’s project management, and,
      
      d) Ensuring that all project workers are provided equally high quality safety and health protection.
       
   5. Plan for safety and health as part of the overall management planning process. This includes pre-job planning and preparation for different phases of construction as the work progresses.
       
   6. Establish and communicate safety and health program responsibilities to all project workers.
       
   7. Permit employees to participate in the Site Safety Committee.
       
   8. Permit employees to participate in Site Safety Committee jobsite inspections.
       
4. The Building Trades of Philadelphia agree to:
    
   1. Provide a representative if available to:
      
      a. Attend the verification inspection for the Subcontractors.
      
      b. Encourage safety consciousness and safe working behaviors.
       
   2. Encourage all workers on this project to take advantage of
      communication and training opportunities presented by this partnership agreement.
       
   3. Encourage all workers on this project to follow all safety and health regulations, policies, and procedures applicable to their work.
       
   4. Participate in the project Labor-Management Safety and Health Committee Meetings as needed.

• Subcontractors shall adopt an effective overall safety and health program, which shall include the following elements:
  
  - Management Leadership
  - Employee Participation
  - Identification of Hazards through Worksite Inspections
  - Hazard Prevention and Control
  - Employee and Supervisory Training
  - Enforcement of the Safety Program
   
• Subcontractors shall have personnel on site that are responsible for, possess the authority, and are capable of effectively implementing the overall site safety and health program.
   
• Eligible site Subcontractors must comply with the terms of this agreement in order to participate. OSHA may disqualify a Subcontractor if the Subcontractor fails to correct a serious hazard or fails to comply with the terms of this agreement.

1. Sign a letter of agreement with the L. F. Driscoll Company indicating their intent to participate in this partnership initiative, Appendix C.
    
2. Verify that a comprehensive written safety and health program exists or will be implemented within 30 days of the signing of this agreement which is at least equivalent to the criteria referenced herein, including the Subcontractor’s implementation of policies and procedures establishing that safety rules and procedures are enforced at the site.
    
3. Certify that their policy and procedures hold supervisor(s) and worker(s) accountable for following established safety rules and OSHA regulations.
    
4. Provide employees the level of training required by OSHA regulations either through their own training personnel or other consultant / trainers.
    
5. Ensure that all competent persons, supervisory personnel or other personnel serving in the capacity as a competent person will have completed the OSHA 10-hour course for the construction industry (or its equivalent) within 90 days. Records of training certification will be provided to The L. F. Driscoll Company and made available for review.
    
6. Provide periodic safety related data or statistics concerning such issues as man-hours worked, lost workday injuries, accident records and OSHA inspection results. The L. F. Driscoll Company will provide a summary of and analysis of pertinent safety related information for review by OSHA. The purpose of such summary information will assist in preparing a report necessary for the evaluating the merits of the program and making recommendations for continuous improvement.

1. Safety and Health Programs
    
   1. Review all new and acquired work, materials, chemicals, and equipment before construction activity begins to determine potential hazards and to plan for their prevention or control.
       
   2. Routine examination and analysis of hazards associated with individual jobs, processes, or phases of construction.
       
   3. Routine self-inspections and hazard abatement.
       
   4. A system for project workers to notify management, without fear of retaliation, about conditions that appear hazardous.
       
   5. A system for investigating accidents and near-misses, including procedures or guidance, reports of findings, and the tracking of hazard correction to completion.
       
   6. A system to analyze trends through a review of site injury and illness data, and the hazards identified through inspections so that patterns of common causes can be identified and eliminated.
2. Hazard Prevention and Control
    
   1. The Subcontractors must eliminate or control recognized hazards by the following methods:
      
      a. Engineering controls;
      
      b. Administrative controls;
      
      c. Personal protective equipment; and
      
      d. Safety and health rules, including work procedures for specific operations, that are communicated to and understood and followed by all affected workers and their supervisors;
       
   2. Subcontractors must inspect and maintain equipment to prevent or detect the presence of hazardous conditions. The Subcontractors shall document its ongoing maintenance activities.
       
   3. Subcontractors must have a system for initiating timely corrective actions and for documenting the completion of the corrective actions.
       
   4. Subcontractors must have a monitoring program designed to recognize injuries and illnesses and provide effective and prompt treatment on site.
       
   5. Emergency response procedures must be written and communicated to project workers. The procedures must list emergency telephone numbers, emergency routes, emergency exits, and requirements for personal protective equipment where required and training and evacuation drills.
3. Training
    
   1. The L. F. Driscoll Company will inform all workers on the project during orientation how the partnership agreement operates and the rights of workers under the Occupational Safety and Health Act.
       
   2. All Subcontractors must provide safety and health training for their workers, for the activities in which they are engaged.
4. Safety Committee and Meetings
   
   With respect to all site safety or health hazards, the L. F. Driscoll Company agrees to conduct a monthly safety meeting with representatives from Subcontractors working on the project, to meet as often as necessary, but not less than once a month.
   
   The L. F. Driscoll Company agrees to form a Site Safety Committee with the required presence of all designated safety persons and open to designated labor representatives, which will meet in conjunction with the Site Safety Audit Meeting.
   
   The Site Safety Committee will review all pertinent safety issues on the site, safety observations, anticipated abatement of hazards, upcoming activities requiring additional safety attention, training or inspection and to address any other safety and health related issues.

1. The L. F. Driscoll Company Site Inspections
    
   1. The L. F. Driscoll Company agrees to exercise a reasonable duty of care over all site safety or health hazards in any areas of the site and to eliminate the potential for injury or illness in accordance with this partnership agreement. For example, Driscoll will establish the emergency evacuation plan, a hazard communication and inventory of site chemicals reported, a fall protection plan and perimeter guards, and compliance with use of personnel protective equipment, including NFPA 70E.
       
   2. With respect to site safety or health hazards, The L. F. Driscoll Company will conduct comprehensive inspections of the entire project, with Subcontractor involvement as warranted, as often as necessary, but not less than once a week.
       
   3. The L. F. Driscoll Company may delegate the task of inspecting part or the entire site to a smaller compliment of representatives, provided that representatives of labor and management participate in the inspection process, and provided further that the findings and recommendations of each inspection are reviewed at monthly safety and health meetings.
2. Complaint Investigations
   
   This partnership provides for the immediate 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 employer 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 mailed, to the L. F. Driscoll Company site office. In accordance with applicable law, the identity of a complainant requesting confidentiality will not be revealed. The L. F. Driscoll Company agrees to investigate these complaints, regardless of the employer involved and provide OSHA with a written response according to the following timetable:
   
   - non-formal complaints/referrals alleging a serious hazard: 4 business hours
   - non-formal complaints/referrals alleging an other-than-serious hazard: 24 hours
   
   Failure to meet these time frames, 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.
    
3. Inspections
    
   1. The L. F. Driscoll Company and Subcontractors, if participating in this partnership, will be granted a twelve month inspection deferral from programmed inspections following a successful onsite verification inspection while working on this site.
       
   2. 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 partnering worksites. These investigations will be conducted outside of this partnership agreement in accordance with established OSHA enforcement policy. Violations documented during such investigations may result in the issuance of citations and penalties.
       
   3. During OSHA inspections of non-participant subcontractors, participant subcontractors whose program has been previously verified by an OSHA inspection will not be included in the inspection unless the compliance officer verifies that the participant subcontractor is responsible for employee exposure to hazards.

1. Submit your Company’s written Project Specific Safety Plan or Program.
2. Submit a written Site Specific Hazard Communication Program.
3. Submit Material Safety Data Sheets (MSDS) and an inventory list for ALL hazardous materials that will specifically be used on this project.
4. Submit name(s) and qualification(s) for your designated on site Safety Representative.
5. Submit name(s) and qualification(s) of your Company’s Corporate Safety Manager and telephone number.
6. Submit emergency telephone numbers for all key personnel. Project Manager, Superintendents, on site designated Safety Representative(s), Corporate Safety Manager. Include 24 hour emergency telephone numbers. Phone numbers should include jobsite trailer number, home phone numbers and cell phone numbers.
7. Submit names and qualifications of all OSHA designated competent and qualified personnel assigned to project.
8. Submit any required safety related permits for job specific operations to be performed on this project.
9. Submit signed weekly tool box safety talks for all workers on site later than Monday at 3:00 PM.
10. Submit a weekly safety inspection report by no later than Monday at 3:00 PM.
11. Submit a copy of your Company’s OSHA 300 A Form by the end of January to be posted in February for work conducted on this project.
12. Submit Accident/Incident Investigation Reports (within 24 hours) for all incidents involving your workers.
13. Participate in the L. F. Driscoll Company Worker Safety Sign-In Program. New workers reporting to the jobsite for the first time must report to the L. F. Driscoll Company Trailer and sign-in prior to working on the jobsite.
14. Provide your own safety orientations for all employees working on site.
15. Conduct OSHA required training. A copy of training requirements in OSHA Standards is included in the L. F. Driscoll Company Safety Program for reference. See attachment. Keep copies on file and make available upon request.
16. Provide fall protection training. Ensure that all employees working on site understand that fall protection must be used for all activities above six (6) feet. Six (6) foot fall rule.
17. Provide HAZCOM training to all employees.
18. Provide stairway and ladder training to all employees.
19. Provide personnel protection equipment training (PPE) and confined space entry training (as required) to all employees. Provide ground fault protection for all temporary electrical power.
20. Provide Job Hazard Analysis (JHAs) and/or Safety Task Analysis (STAs) for all work activities under your contract.
21. Post the Emergency procedures and emergency telephone numbers in all jobsite trailers. Make available to employees.
22. Attend Safety Committee Meetings held monthly for Subcontractors Safety Representatives.
23. Distribute safety-meeting outlines, fatal facts or similar safety data to all employees on a weekly basis.
24. The Construction Manager may at any time issue verbal safety warnings and/or issue a Safety Audit Report to Subcontractors. Subcontractor shall comply with the Safety Audit Report and write in the date of completion on the report. Correct deficiencies within 72 hours of notice and respond in writing to any Safety Observations.
25. Provide employees an opportunity to receive OSHA 10 hour or 30 hour training, PPE training, first aid, CPR training. Perform on an as needed basis.
26. Inform workers that Subcontractor MSDS sheets are available for review at the L. F. Driscoll Company field Trailer.
27. Maintain a list of all first aid and CPR trained employees.
28. Provide and maintain first-aid kits for your employees.
29. Provide and maintain fire extinguishers for your work.
30. Provide all employees with your emergency evacuation plan.
31. Maintain copies of all safety documentation on file in the jobsite trailer and/or home office. All safety documentation and files shall be made available upon request.
    
    

1) Establishment of a written safety and health program including the following elements: management leadership, worker involvement, worksite analysis, hazard prevention and control, and safety and health training.

2) Compliance with all current OSHA standards.

3) Provision of visible leadership by supervisors in implementing the safety and health program. Including, but not limited to having a representative complete the OSHA 10-hour construction training program.

4) Planning for safety and health as part of the overall management planning process, including appropriate job hazard analyses (JHA’s) and/or safety task analysis (STA’s).

5) Establishment and communication of all safety and health program responsibilities to all project workers.

6) Evaluation of safety and health programs annually.

7) Reporting of all site injuries and illnesses so that a site log may be maintained.

8) Reporting all Reporting all deficiencies or damage to site wide programs or protective measures, specifically site fall protection, immediately upon discovery and taking appropriate interim protective measures for protection of their employees.