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OSHA Strategic Partnerships Program > Region 2 > #524 Partnership Agreement

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COMPREHENSIVE SAFETY AND HEALTH PARTNERSHIP AGREEMENT FOR THE CROSS WESTCHESTER EXPRESSWAY I-287 STAGE III PROJECT BETWEEN THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TARRYTOWN AREA OFFICE, THE NEW YORK STATE DEPARTMENT OF LABOR DIVISION OF SAFETY AND HEALTH ON-SITE CONSULTATION PROGRAM, THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF WESTCHESTER AND PUTNAM COUNTIES THE CONSTRUCTION INDUSTRY COUNCIL OF WESTCHESTER AND HUDSON VALLEY, INC. and YONKERS DRAGADOS, J.V.

1.0 Background In an effort to eliminate serious hazards and achieve a high level of worker safety and health on the Cross Westchester Expressway I-287 Stage III Project in White Plains, NY (the Project), Yonkers Dragados, J.V., Inc. and the above named groups have developed a comprehensive partnering agreement. Participants include project stakeholders from government, industry employers, labor, and trade associations. This partnering agreement will facilitate the process of: identifying project health and safety performance goals; developing plans for achieving those goals; cooperation in hazard control implementation; measuring and establishing a vehicle to communicate the successes; and ultimately learning from the process. This partnering agreement shall be limited to the Yonkers Dragados, J.V. and Project sub-contractors, OSHA’s Tarrytown Area Office (OSHA), the New York State Department of Labor Division of Safety and Health On-Site Consultation Program (NYS Consultation), the Building and Construction Trades Council of Westchester and Putnam Counties (BCTC), and the Construction Industry Council of New York, Inc. (CIC). It is anticipated that at the peak of this project, Yonkers Dragados, J.V. and its 15 subcontractors will employ over 200 trades employees. This partnership is consistent with OSHA’s long-range efforts to develop a contractor/government partnership approach to safety and health management. It allows for better use of OSHA resources, innovation in safety and health management, and encourages more participation in the safety and health process from the construction/trade association communities. 2.0 Definitions Contractor: As used in this document, "Contractor" refers to general and sub-contractors engaged in the Project. DART: Days away from work, restricted work activity, or job transfer Investigations: The procedure for responding to non-formal complaints described in OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. This procedure mandates that OSHA contact an employer and inform them of the safety and/or health hazards that are alleged, by a complainant, to exist in that employer’s workplace. OSHA then faxes a copy of the allegations to the employer. The employer must satisfactorily respond to the allegations within five calendar days, or an OSHA enforcement inspection may be initiated. TCIR: (Total Case Incident Rate) This injury and illness rate is calculated by dividing the number of lost worktime events by the total number of employee hours worked, and then multiplying by 200,000. The resultant rate reflects the injury and illness rate per 100 full-time workers. Other-than-Serious Violations: This type of violation references situations where the most serious injury or illness that would be likely to result from a hazardous condition cannot reasonably be predicted to cause death or serious physical harm to exposed employees but does have a direct and immediate relationship to their safety and health. Qualified Safety and Health Representative: For the purpose of this Partnership only, a Qualified Safety and Health Representative will be designated to the project and be certified in the OSHA 30-hour Construction Course, and have substantial construction safety and health experience. Serious Violations: Section 17(k) of the Act provides " . . . a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation." Verification Inspection: A limited scope inspection that will focus on the following areas: a comprehensive review of the required safety and health programs and a site review of Fall, Struck-by, Electrocution, and Caught-Between hazards. Voluntary Protection Programs: The Voluntary Protection Programs (VPP) promotes effective worksite-based safety and health. In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Approval into VPP is OSHA’s official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health. VPPPA: The VPPPA promotes the benefits of cooperative programs among employees, management and labor through educational and outreach services, as well as an active government affairs program. Educational opportunities include workshops, conferences and presentations throughout the United States. Outreach programs include the Association's quarterly magazine The Leader, electronic newsletters, the VPPPA Mentoring Program and the VPPPA Web site. 3.0 Project History Yonkers Dragados, J.V., Inc. has a workforce of 200 employees, is involved in heavy construction, and is headquartered in Yonkers, NY. Yonkers Dragados, J.V. is the general contractor for the Project. The Project involves the reconstruction of I-287 from the east end of the Bronx River Viaduct to the White Plains Avenue Bridge, approximately 1.8 miles located in the City of White Plains. The Project consists of the following: 1.8 miles of pavement rehabilitation including milling of the existing overlay, cracking and seating the existing concrete pavement slabs and paving a new asphalt overlay. Demolition and replacement of nine bridges, rehabilitation of one bridge, and removal of one bridge. The addition of a separated frontage road in the westbound direction, which includes relocating westbound Exit 7 further east. The addition of an auxiliary lane eastbound between Central Westchester Parkway on-ramp and Exit 8W. Installation of approximately 9800 LF of Noise Barrier. Rock blasting will be performed to accommodate the new road widenings. Utility relocations. New drainage for storm water management. New pre-cast concrete barrier. New guide rail, fence and sign structures. New ITS electric systems. Continuous Maintenance and Protection of Traffic throughout the duration of the Project. Construction for the Project will commence on July, 2006 and is scheduled to be completed on or about November, 2009. During construction, Yonkers Dragados, J.V will provide a full time safety manager and ensure compliance with construction environmental, health, and safety practices. This includes federal, state, local, project, and owner rules and regulations. 4.0 Partnership Goals and Objectives 4.1 The goals of this Partnership include: Developing a contractor/government partnership that will encourage local construction subcontractors involved in the project to improve their safety and health performances; Assisting the participating local construction subcontractors in achieving the objectives listed below; Implementing strategies to eliminate serious accidents, including the four primary construction hazards (falls, electrical, caught in/between, and struck-by); Ensuring employee safety and health training; Recognizing those subcontractors with exemplary safety and health programs; 4.2 The objectives of this Partnership include: Reducing the number of conditions that have the potential to result in worker injury/illness to the lowest reasonable level, through employee training and hazard(s) identification and correction - including potential silica and lead exposure, The inclusion of all Project sub-contractors into this Partnership and the enhanced safety and health provisions described herein. This inclusion is to be effected through contractual language established by Yonkers Dragados, J.V. 100% compliance with Project-required incident prevention activities; Zero (0) fatalities; Zero (0) exposure of employees to walking/working surfaces (horizontal and vertical) with unprotected sides or edges, which are 6 feet or more above a lower level; Conducting a gap analysis of all participating contractors’ site-specific safety and health programs and, through resource sharing, enhance these programs to meet the Partnership Agreement performance criteria. "Gap analysis" is the difference between the contractor’s site-specific programs and Yonkers Dragados, J.V’s requirements for work procedures each contractor is to perform. All Project sub-contractors are required to conduct a hazard analysis of their work, and Yonkers Dragados, J.V. will evaluate each contractor’s site-and task specific analysis to ensure that it meets the required safety and health performance criteria for the site prior to commencement of their onsite activities. Yonkers Dragados, J.V. will provide reasonable assistance to subcontractor to improve their safety program. All sub-contractors will be required, as a minimum, to incorporate the Yonkers Dragados, J.V. Site Specific safety and Health Plan into their own plan. Fostering a sustainable working relationship between Yonkers Dragados, J.V., OSHA, local contractors, building and construction trades, and other entities involved in this Project; Partnering with the BCTC, the CIC, the GCA, and the union representative framework to encourage positive change within the local construction industry with respect to betterment of construction safety and health during the Project. Discussions of the benefits of participation in the VPP, and initiation of the VPP Application process. To achieve the goals and objectives cited above, OSHA, Yonkers Dragados, J.V, NYS Consultation, BCTC and CIC will form an Implementation Team (IT) comprised of representatives of their organizations. These representatives will work together to develop a plan of action, determine the working procedures of the IT, identify the roles and responsibilities of the participants, and develop a time-line for the goals and objectives described in this Partnership document. This time-line will also establish the dates for submission of data and other records to OSHA by Yonkers Dragados, J.V, as described in this Partnership document. The IT will meet within 30 working days of the signing of this Partnership to review the goals and objectives described herein. It will meet three times per year thereafter, for the duration of the Partnership, to evaluate progress toward the Goals and Objectives. Annually, at least one of these meetings will be in person 5.0 Performance Criteria 5.0.1 Safety and Health Contract Language Yonkers Dragados, J.V shall incorporate safety and health program performance requirements into all contracts including new hire orientations and weekly safety and health craft meetings. 5.0.2 Experience Modification Rates Only contractors with an Experience Modification Rating (EMR) rating of 1 or less will be employed at the site. Yonkers Dragados, J.V may make an exception to this condition for contractors under the following conditions: The Contractor has made significant progress in safety and health since receiving the EMR that exceeded 1.0, and agrees to comply with all provisions of the Yonkers Dragados, J.V. "Safety, Health and Environmental Policy" manual; Any Contractor with an EMR that is greater than or equal to a value of 1.2 is required to submit to Yonkers Dragados, J.V. the State of New York Department of Labor – required plan, which outlines the sub-contractors schedule for reducing its Workers Compensation claims. 5.0.3 Bidding Period The bid packages, distributed by Yonkers Dragados, J.V. to all potential bidders, include a copy of Yonkers Dragados, J.V., Inc.’s "Safety, Health and Environmental Policy" manual. 5.0.4 Pre-Construction Meetings Prior to the start of construction work, Yonkers Dragados, J.V shall conduct a pre-construction meeting with each successful bidder which shall include discussion regarding requirements for the successful bidder to integrate Yonkers Dragados, J.V’s "Safety, Health and Environmental Policy" into their standard safety and health programs and performance expectations. 5.0.5 Weekly Foreman’s Meetings Yonkers Dragados, J.V. shall hold a weekly meeting with all Foremen that shall include focused discussions addressing site safety and health issues. 5.0.6 Monthly Meetings Yonkers Dragados, J.V. shall hold a monthly Project safety and health meeting to discuss program status and participant performance. OSHA is welcome to attend these meetings. Invitations to attend the meetings will be extended to Shop Stewards, as well as Foremen. 5.0.7 Qualified Safety and Health Representatives Yonkers Dragados, J.V. shall assign a qualified safety and health representative to administer its safety and health program. 5.0.8 Risk Assessment Yonkers Dragados, J.V. shall initiate an independent comprehensive risk assessment of project work and incorporate the findings of this assessment into the Project Operations Plan. 5.0.9 Project-specific Safety and Health Plan Guidelines Yonkers Dragados, J.V. shall prepare a Project-specific safety and health plan to be used as a baseline for contractor programs to meet or exceed. This plan shall incorporate the following minimum elements: Fall exposure potential greater than six feet requires 100% fall protection* Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project All cranes, hoists, and scissor/aerial lifts will be inspected and safe prior to use Use of appropriate personal protective equipment Site-specific safety and health training Hazardous Communication Training Workplace surveillance Employee involvement Management commitment * for structural steel work ONLY, ironworkers will follow 29 CFR 1926 Subpart R 5.0.10 Weekly Safety and Health Audits Yonkers Dragados, J.V shall conduct and document weekly safety and health audits to assess program performance. 5.0.11 Training Yonkers Dragados, J.V shall provide safety and health training resources for all Project participants as needed. Another objective of this training will be to familiarize all Project participants with the Safety Management System. This will include the methods and contacts employees can use to address safety and health concerns. Employees will be encouraged at the time of this training, and during other safety and health – related training, to utilize this reporting system as a pre-cursor to filing a complaint with OSHA. All Yonkers Dragados, J.V. managers will receive training that equals or exceeds the OSHA 10 hour Construction Safety and Health course. 5.0.12 Incident Recordkeeping Database Yonkers Dragados, J.V. shall maintain a project OSHA-300 Log (or equivalent database). This shall be maintained in accordance with 29 CFR 1904 – Recording and Reporting Occupational Injuries and Illnesses. Near-miss events, hazards, or hazardous conditions that were discovered and corrected during the safety audits/inspections described in 5.0.10 and 5.1.5 of this Partnership Agreement will be used as a training tool. 5.1 Project Contractor’s Role 5.1.1 Project Specific Safety and Health Plan All contractors shall provide a task specific hazard analysis and a site-specific safety and health plan, which meets or exceeds Yonkers Dragados, J.V’s Project specific plan. The baseline safety and health plan is that all sub-contractors must adopt Yonkers Dragados, J.V.’s site-specific safety and health plan, and all sub-contractors will be required, through contractual language, to participate in the enhanced safety and health provided through this Partnership document. 5.1.2 New Hire Safety Orientation All contractors shall provide new hire employees with project-specific safety and health information and instructions prior to starting work. 5.1.3 Task-specific Weekly Toolbox Instructions All contractors shall provide workers with instructions on integration of safety and health requirements with current work tasks for the week. All Contractors shall allow an OSHA representative to attend any of these meetings, when requested by OSHA. 5.1.4 Safety and Health Representation All Contractors shall assign a Qualified Safety and Health Representative to administer their program onsite. 5.1.5 Weekly Safety and Health Inspections All contractors shall conduct weekly inspections of their portion of the jobsite to assess compliance with all Project safety and health requirements and OSHA standards. No outstanding non-compliance issues shall be allowed to carry over into the subsequent week's inspections. 5.1.6 Safety and Health Training All contractors shall provide on-going safety and health training to workers that will address new Project tasks, or processes. Where workers who do not speak English are on-site, training will be conducted or facilitated in a language that the worker understands. 5.1.7 Record keeping / Documentation All contractors shall maintain documentation of all safety and health activities described herein and provide copies of same to Yonkers Dragados, J.V. 5.2 OSHA’s Role 5.2.1. Program Evaluation Provide initial and continued review and evaluation of Yonkers Dragados, J.V.’s compliance with the Partnership agreement. 5.2.2 Incident Trend Analysis Provide feedback on incident trends and patterns as needed. 5.2.3. Access to Training Resources Assist in identifying cost-effective training resources for Partnership agreement participants. 5.2.4. Interpretation of OSHA Standards Clarify the intent of OSHA standards and resolve conflicts of interpretation with assistance from the Office of Construction Standards and OSHA Compliance Assistance. 5.2.5. Compliance strategies Provide input on compliance strategies as proposed by program participants. 5.2.6 Attendance at Safety and Health Meetings OSHA representatives will periodically attend site safety and health meetings. 5.3 Craft Labor’s Role 5.3.1. Safety and Health Field Performance Meet all Project Safety and Health requirements relative to work assignments as a condition of employment. 5.3.2. Safe Work on Demand Immediately notify designated site safety and health representatives, or management personnel, of any work assignment that violates the Project EH&S requirements. 5.3.3. Monthly Safety and Health Meetings Attend and participate in monthly meetings that are held by Yonkers Dragados, J.V Provide input on safety and health as related to specific trade/skill areas of expertise. 5.3.4. Partnership Representation Designate representative(s) to provide input in all Partnership agreement initiatives. 6.0 Measurement and Evaluation of Performance 6.1 Yonkers Dragados, J.V. will compile and track a monthly summary of contractor injury and illness performance statistics at the job site. This data will be compared to Yonkers Dragados, J.V.’s historical data, the historical data (if available) of the participating employers, and national data for comparison and evaluation. 6.2 Yonkers Dragados, J.V. will collect documentation from contractors in order to ensure procedural performance of Project requirements. 6.3 Within 30 days of the initiation of this Partnership agreement OSHA and Yonkers Dragados, J.V. shall conduct a verification inspection of the Project, as defined in Section 2.0: Definitions, and Section 9.1: Verification Inspections. 6.4 At the end of each quarter, Yonkers Dragados, J.V. will compile and submit to OSHA a report that evaluates the partnership agreement's achievements and identifies areas for continued improvement. Near misses are an integral part of the accident prevention program and will be evaluated by the safety and health team. The quarterly report will also include a list of all employees that have received safety and health training as a result of and during the term of this Partnership Agreement. The employee’s name, employer, and topic and length of training shall be included in the quarterly report. 7.0 Communication of Results An Annual Partnership evaluation will be conducted by the Implementation Team, and will be in writing. The goal of this evaluation will be to measure the success of the partnership, highlight best practices and provide feedback for improvements. 8.0 Employee Involvement and Employee Rights This Partnership agreement fully supports and recognizes the importance of employee participation in matters concerning safety and health in the workplace. As a vital component of an effective safety and health program, the ability of employees to exercise their rights, which are guaranteed under the OSH Act, will not be infringed. Employee involvement in the worksite safety and health program will be encouraged, including employee participation in safety and health program reviews, site inspections, employee safety and health training, accident investigations, and freedom to report hazards, including near misses. The building trade organizations most directly involved or affected by this Partnership will be consulted and encouraged to suggest improvements and further enhancements of this Partnership. Yonkers Dragados, J.V. will document all employee, trade organization, and union involvement in this Partnership. 9.0 OSHA Inspections and Investigations 9.1 Verification Inspections - Qualification for this OSHA Partnership requires that OSHA conduct a Verification Inspection of Yonkers Dragados, J.V. and the Project site within 30 days of the signing of this agreement, and annually thereafter for the term of this Partnership Agreement. This verification inspection will determine Yonkers Dragados, J.V. and contractor compliance and include a comprehensive review of the effectiveness of each subcontractor’s safety and health program. Subcontractors who are determined, by OSHA, to be outside the aforementioned criteria for inclusion under this Partnership Agreement will be subject to traditional OSHA inspections and enforcement actions. Serious hazards discovered during the Verification Inspection may result in the issuance of citations and penalties. Other than regulatory violations (e.g., 29CFR 1903 and 1904), no penalties will be assessed for other-than-serious violations provided they are abated the same day as the inspection. 9.2 Formal Complaints / Referrals / Imminent Danger This Partnership calls for the immediate response by Yonkers Dragados, J.V. to each allegation of a safety and health hazard brought to the attention of management by any person. Upon finding that the allegation is valid, the employer shall promptly correct the hazard. Yonkers Dragados, J.V. and the participating contractors recognize and accept that OSHA will investigate formal complaints and referrals, and alleged imminent danger hazards in accordance with OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. These inspections will be conducted outside the scope of this Partnership agreement in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. All formal complaints, referrals, and imminent danger situations will be discussed by Yonkers Dragados, J.V. at the next scheduled job safety and health meeting. 9.3 Investigations OSHA will investigate non-formal complaints in accordance with OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. Yonkers Dragados, J.V. will immediately investigate all allegations and correct any hazards identified. The affected subcontractor, as well as any effected unions will also be notified of the alleged hazard. Yonkers Dragados, J.V. will notify OSHA of its findings and abatement within five calendar days of the original complaint notification. Failure to meet this time frame will place the complaint/referral outside the scope of this Partnership agreement and result in an OSHA on-site inspection of the allegations. All non-formal complaints and investigation results will be discussed by Yonkers Dragados, J.V. at the next scheduled job safety and health meeting. 9.3 Accident/Incident Inspections Yonkers Dragados, J.V. and the participating contractors recognize and accept that OSHA will fully inspect incidents involving employee deaths, incidents resulting in the hospitalization of three or more employees, or other serious incidents that come to the attention of OSHA. These inspections will be conducted outside the Partnership in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. 9.4 Programmed Inspections Programmed Inspections may be initiated if there has not been a verification inspection during the 12 previous months. These inspections will be conducted in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. Yonkers Dragados, J.V. and the contractors participating in this Partnership will receive a deferral from Programmed Inspections, for 12 months, after successful completion of the Verification Inspection. 9.5 Follow-up Inspections If OSHA issues citations as a result of any inspection conducted, it may conduct a follow-up inspection to verify abatement. 10.0 Incentives 10.1 Yonkers Dragados, J.V., Inc., and the participating contractors will receive a deferral, for 12 months, from programmed inspections following successful completion of a verification inspection. 10.2 No penalties will be assessed for other-than-serious violations provided they are abated the same day as the inspection. 10.3 OSHA will work with the Partnership participants to maximize recognition of the Partnership through various media outlets and the OSHA web site. 11.0 Termination of Partnership Agreement This agreement will expire when Yonkers Dragados, J.V.’s Project activities are completed. Should either OSHA or Yonkers Dragados, J.V. choose to withdraw prior to that date, thirty (30) days written notice will be given, and the partnership would terminate. 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. Signed this 11th day of October, 2006:     Patricia K. Clark Region 2 Regional Administrator USDOL/OSHA   John Chrysogelos, Jr. Corporate Safety Director Yonkers Dragados, J.V., Inc. Yonkers Contracting Co., Inc.   Diana Cortez Area Director, Tarrytown Area Office USDOL/OSHA   James Rush Program Manager NYS Department of Labor Onsite Consultation Program   Ross J. Pepe President Construction Industry Council   Edward Doyle General Manager The Building & Construction Trades Council of Westchester & Putnam Counties

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