I. BACKGROUND/IDENTIFICATION OF PARTNERS AND SITE
- Background
To facilitate the goal of reducing occupational related fatalities and serious injuries within the
construction industry, OSHA, the Missouri Consultation Program and CDI Contractors LLC. 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.
CDI Contractors is the General Contractor under contract by the owner. CDI will be directing
approximately 20 subcontracting companies during the construction of the Sight and Sound Theater.
This partnership is designed to address hazard within the construction industry, and to promote and
recognize those jobsites controlled by CDI Contractors LLC. that has demonstrated an effective
safety and health program. The Partnership agreement is an effective tool for ensuring safety at the
Sight and Sound Theatre, located at 285 Expressway Lane in Branson, Missouri. This is a 6 floor
336,397 total square feet building with a 2000 seat theatre. The structure of the building is steel
frame, concrete footings, retaining walls and floors with an exterior EIFS skin. This building sets
on approximately 46 acres with 987 parking spaces with handicap & employee parking included. This
project will take approximately 24 months to complete.
This Partnership will serve to establish a cooperative effort in ensuring safety and maintaining an
open line of communication between OSHA and contractors on the worksite. This 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.
- PARTNERS
- Kansas City OSHA Area Office
- CDI Contractors, LLC
- Missouri Onsite Safety and Health Consultation Program
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by CDI Contractors LLC 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 adjunct to the
traditional OSHA enforcement procedures.
By focusing its efforts and utilizing the skills, knowledge and resources of OSHA, CDI Contractors
expects to reduce exposure to hazards and thereby decrease the possibility of serious injuries and
fatalities at the Sight and Sound Theatre 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.
According to 2004 data from the Bureau of Labor Statistics, construction had a fatality rate of 11.9
per 100,000 employees compared with manufacturing of 2.8. In Missouri for 2003, the Days Away,
Restricted, and Transferred rate per 100 employees (DART) for Construction is 3.8 compared to the
national average of 3.6. OSHA has identified the top four causes of fatalities in the Construction
sector of employment: falls, being struck by equipment or machinery, electrocution, and caught in or
between equipment. On an average, OSHA has traditionally devoted 50% of its compliance resources to
enforcement activity in the construction industry. The goal of this partnership agreement is to
relieve OSHA from the day-to-day burden of enforcing established safety standards on this project by
teaming up with CDI Contractors and fostering compliance through employer self-inspections and
self-enforcement. The goal for the partnership is to attempt to significantly reduce and/or
eliminate any accidents on this project and achieve a DART rate per 100 employees for the project
below the national average of 3.6.
III. GOALS, STRATEGIES, AND MEASURES
The overall goal of this Partnership is to create a working relationship that focuses on preventing
work-related fatalities, controlling or eliminating serious workplace hazards, and establishing a
foundation for the development of an effective safety and health program.
- 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 Sight and Sound Project.
- Continuously improve the safety and health programs of subcontractors through the sharing of best
practices; and
- Increase construction hazard recognition, evaluation and control skills for employees, employers
and supervisors through enhanced safety and health training.
- Ensure all serious hazards are controlled through safe processes or procedures.
- STRATEGIES
Strategies to achieve one or all of the above goals:
- CDI will use its system to collect and analyze injury and illness trends (including near-miss
incidents) by all contractors performing work at the site and at CDI’s Corporate Level . This data
will be used as a tool for continual safety and health program improvement at the site.
- Implement a comprehensive jobsite inspection program which includes:
- Complete a risk assessment of the project site as work progresses prior to employee exposures
identifying potential hazards to employee safety and health. This will be accomplished by the use of
the CDI STA form (attached).
- Work with OSHA and committee members to provide the resources to conduct initial monitoring for
ALL toxins, carcinogens, or hazardous substances which present inhalation hazards, such as silica,
lead, cadmium, and/or isocyanates. Employee exposures will be assumed and respiratory protection
worn until the results of the initial monitoring studies are received and demonstrate no exposure
problems or prior surveys show no hazard exists. Periodic visits by an Industrial Hygienist will be
conducted by the request of CDI.
- Daily audits will be performed by all contractors on site. In addition, on a weekly basis, a
comprehensive audit of the jobsite will be performed, with a representative of all contractors
currently working on-site as participants. Any hazards found during the audits will be corrected
promptly. Any hazards which can not be corrected on the day they are discovered will be tracked
until abatement is completed and affected employees will be informed as to the existence of any
uncorrected hazard and interim measures to be taken until abated. A record will be kept of all
hazards found during the weekly audits and the number of hazards corrected as a result. See attached
form for an example.
- Implement an aggressive Fall Protection Plan to include fall protection in all cases where work
is being preformed 6 feet or more above lower surfaces.
- Ensure employees receive training as follows:
- Supervisory personnel for all contractors on the work site will possess an OSHA 10-hour card or
its’ equivalent. CDI will work with all subcontractors to provide their safety designee with an OSHA
10-hour card, or its’ equivalent.
- All employees working on the jobsite 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 the Partnership Agreement. In addition, employees shall receive
training on the content of the Risk Assessment for operations they will encounter. This may require
periodic retraining of employees on the content of the Risk Assessment as they become relevant due
to entering new phases of construction. This material will be provided by CDI to the Subcontractor’s
designated safety representative for completion.
- Safety and health training to Hispanic/Latino subcontractors with non-English speaking employees
will be conducted in Spanish, should the need arise.
- Other hazard-specific training will be conducted on an as-needed basis.
- Train employees in the OSHA 10-hour construction course (or its equivalent) to the extent
possible. Subcontractors can utilize other instructors as long as they can show a valid
certification card showing completion of the course. CDI Contractors has primary responsibility for
providing this training. CDI and/or OSHA will provide assistance, as resources allow. CDI plans to
hold 10-hr Safety Training Sessions every 2 months to help train all personnel as schedule allows.
- Require subcontractors who have written safety and health programs to submit them to CDI. CDI
will evaluate all subcontractors programs. Companies that do not have or have a deficient written
safety and health program have the option of either adopting the safety and health program of CDI,
or developing one by utilizing services provided by other Partnership members or the State of
Missouri Consultation Program.
- Ensure health-related issues arising during the course of the construction work are adequately
addressed by CDI and/or the affected subcontractors, with assistance from the Kansas City Area
Office and/or the Missouri Consultation Program, as needed. All health-related issues will be
discussed monthly during the partnership meetings.
- An effective hearing conservation program, including noise monitoring and engineering controls,
where possible, will be implemented by CDI Safety Dept.
- An effective environmental monitoring program will be implemented to control airborne hazards,
such as silica, and will include personal monitoring, employee training, implementation of
engineering controls where possible, and the use of respiratory protection when necessary. Previous
data gathered at this jobsite or presented by subcontractors under similar conditions will be
considered acceptable.
- Ensure compliance with the NFPA 70E when working on live electrical equipment, including training
and the availability and use of personal protective equipment. A permit system will be implemented
whenever work around live electrical systems will be done to ensure the implementation of
appropriate protective measures prior to exposure. The permit form includes requirements for
pre-task review and lock out/tag out procedures to be followed.
- Ensure all equipment capable of amputations is adequately guarded.
- OSHA may provide benefits to participating companies that voluntarily improve their safety and
health performance. See Benefits section, below.
- MEASUREMENT SYSTEMS
Outcome measures of this Partnership will include
- The measurement system will use OSHA recordable injuries and illnesses to determine the Days
Away, Restricted or Transferred Rate (DART), Days Away Case Rate (DACR) and Total Case Injury and
Illness Rate (TCIIR) for the site compared to the average for the construction industry nationally.
Rates for fall and amputation injuries will also be tracked and computed.
- Activity measures shall include the applicable number of employers, supervisors, and employees
trained. CDI will maintain the records of the 30-hour and 10-hour training certifications. All
contractors will be required to conduct weekly toolbox talks, or participate in CDI’s weekly
training sessions. The time, place, attendees and topic or hazard discussed shall be documented.
- Intermediate measures will include the number of safety and health programs instituted and/or
improved. The programs will be maintained on site and evaluated by CDI.
- Outcome measures will be gathered by CDI on a 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, jobsite inspections, and OSHA inspection activity;
- Documented jobsite inspections and the total number of hazards identified and corrected by the
general contractor and by each subcontractor. The jobsite inspections will indicate the number of
hazards observed and subsequent progress and improvements with their safety and health programs.
- The number of actions of those individuals who do not fully comply with CDI’s Safety philosophy.
The tools for tracking these actions may be the near miss incident reporting system and the safety
audits.
- Actions specific to NFPA 70E and work on live electrical, such as training records, PPE
availability and use, and permits.
- Measurement factors will be compiled monthly by CDI 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 as specified in Appendix C of OSHA Instruction CSP 03-02-002, OSHA Strategic
Partnership Program for Worker Safety and Health.
It will be the responsibility of CDI Contractors to gather 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.
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.2.1.5
(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 % or more, the minimum
penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b).
- In the event that a citation with penalties is issued, the Area Director has the authority to
negotiate the amount of an additional penalty reduction as part of the informal conference
settlement agreement.
- Upon successful completion of two non-enforcement and one enforcement verification
visits/inspections within a one-year period, the site will be deleted from the programmed inspection
list for 12 months.
- Priority Consultation service and assistance for small employers working on the Sight and Sound
Theatre construction site from the Missouri Onsite Consultation program.
VI. OSHA INSPECTIONS AND VERIFICATION
OSHA will conduct two unannounced non-enforcement visits per year for the term of the project to
assess the implementation of the Partnership agreement. OSHA worksite observations should be
sufficient to confirm the partner’s worksite is operating a safety and health management system that
adequately ensures the protection of employees. During such visits, if OSHA personnel identify
serious hazards that site management refuses to correct, OSHA will make a referral for an
enforcement inspection.
OSHA may conduct one unannounced enforcement verification inspection each year for the term of the
project. These inspections will be conducted through normal enforcement inspection activity (i.e.,
University of Tennessee Targeting Program or National/Local Emphasis Programs). Inspections
conducted in response to complaints or referrals will qualify as the verification inspection if, in
addition to addressing the complaint/referral item(s), the compliance officer verifies that
partnership criteria are being adhered to.
OSHA will use telephone or fax to handle all other complaints. CDI will address the complaint and
prove out non existence or abatement.
CDI Contractors and its subcontractors will remain subject to OSHA inspections and investigations in
accordance with agency procedures and this agreement. 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
- CDI Contractors LLC will:
- Establish a jobsite safety committee, consisting of a representative of all contractors on site,
and implement The Safety Committee’s Zero Injury Safety Goal and a comprehensive safety and health
program, which includes:
- Management commitment and employee involvement;
- Hazard analysis;
- Hazard control;
- Arrangement of training assistance for other stakeholders on site.
- Mentor subcontractors in safety and health management systems.
- Require when the potential for airborne silica exposure exists, the use of wet cutting, or soft
cutting techniques and/or dust collection system will be used first, and when needed, the mandatory
use of approved respiratory protection. To the extent feasible, personal air monitoring will be
conducted to assess employee exposure levels. Where the potential for other health issues, such as
carbon monoxide, lead, or large-scale use of chemicals in the building interior (such as floor
finishings) exists, CDI will coordinate with the subcontractor creating the condition and ensure the
completion of air monitoring to assess employee exposure levels. Sampling results will be compiled
and tracked by CDI.
- Have the authority to enforce safety rules and regulations. This authority will include
provisions to hold contractors and employees accountable and, if necessary, remove contractor
employees, supervision from the job site.
- Have an risk assessment performed by a competent person on all fall hazards. The probability and
severity of occurrence for each identified hazard will be evaluated to eliminate or reduce the risk
through engineering or administrative controls to a level as low as possible.
- Critical risk will not be tolerated. No work will be performed until action is taken to reduce
the level of risk to as low as reasonably feasible.
- Bricklayers performing overhand bricklaying and related work above lower levels must be protected
as described above. No monitor system will be allowed.
- Workers on the face of formwork or reinforcing steel must be protected from falling by personal
fall arrest systems, with the use of a positioning device, and/or lanyards.
- To the extent feasible, serious ergonomic hazards will be identified and corrected.
- Ground Fall Circuit Interrupters (GFCI) will be used to protect all electrical circuits that are
installed for work. All contractors will ensure that employees are protected by the use of a GFCI at
all times.
- The Superintendent for CDI Contractors and the CDI Safety Director will be responsible for
overseeing site safety and to serve as a point of contact and to oversee the partnership goals.
- The Superintendent, working with CDI’s Safety Director, will ensure that daily Safety Audits are
conducted. Since this is a multi-employer worksite and all workers are to work together on safety
issues, CDI, upon request, will review subcontractors daily log books, and note any hazards found,
and then review them with all committee members at the weekly coordination/Subcontractor meeting.
- 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.
- CDI’s Site Superintendent will coordinate and conduct a comprehensive site audit on a weekly
basis. Safety Committee/Subcontractor Members will participate in the site safety audit. If
non-compliant activity or hazards are discovered, immediate correction is required. CDI will
document the corrective action taken and share this information with OSHA and the Missouri
Consultation Program during the monthly update meetings.
- Allow OSHA access to the site during inspection activities (verification as well as unprogrammed
activities such as fatalities and employee complaints).
- Audit the partnership and make recommendation for improvement.
- Results of jobsite inspections and information concerning select near misses will be shared and
made available to all workers. Select near misses and daily safety audits will be discussed during
Tool Box Talks.
- No employee should be allowed to work directly below a suspended load except for: employees
engaged in the initial connection of steel; employees necessary for hooking or unhooking the load.
The following criteria must be met when employees are allowed to work under the load: materials
being hoisted shall be rigged to prevent unintentional displacement; hooks with self-closing safety
latches or their equivalent shall be used to prevent components from slipping out of the hook; all
loads shall be rigged by a qualified rigger. Appropriate use of tag lines will be utilized to
prevent work below suspended loads.
- Require the use of appropriate personal protective equipment. Hardhats are mandatory, and eye
protection will be worn whenever operations present potential eye injury from physical, chemical, or
radiation agents. Employees working at night shall wear high-visibility reflective clothing.
- OSHA
- OSHA will participate as available in the weekly Partnership Committee/Subcontractor meetings,
but will not participate in the walk around inspection, except that the two non-enforcement
verification visits may be scheduled as part of the weekly walkaround inspection, at the discretion
of the Safety Director for CDI Contractors.
- The Compliance Assistance Specialist from the Kansas City Area Office will serve as a resource
and liaison for partnership participants and also assist with safety and health training, as
resources permit.
- Give priority to the Sight and Sound Theatre construction project when technical assistance is
needed.
- Audit the monthly reports/documents and make recommendations for improvements in the meeting
Partnership goals.
- Conduct inspections in accordance with section VI of this partnership.
- SUBCONTRACTORS
- Appoint an on-site Safety Committee member to act as the person responsible to resolve job safety
matters and be the liaison to CDI Superintendent.
- Conduct jobsite safety inspections for those employees under their control. This will be in
addition to the general inspections that are to occur daily. If non-compliant activity or hazards
are discovered, immediate correction is required. Documentation of abatement methods and
verification must be submitted to CDI’s Safety Director.
- Participate in the weekly Safety Committee/Subcontractor meetings and safety audits. If
non-compliant activity or hazards are discovered, immediate correction is required. Abatement
methods and verification must be submitted to CDI’s Safety Director who will document the correction
taken and share this information during the monthly update meetings.
- A representative from each subcontractor on site will be required to participate in the site
safety committee.
- Jobsite inspections will be shared and made available to all workers in the project office.
- MISSOURI ON-SITE SAFETY AND HEALTH CONSULTATION PROGRAM
The Missouri Onsite Safety and Health Consultation Program will give priority consideration to
requests for services to small contractors who are engaged in work at the Sight and Sound Theatre
project.
IX. TERMINATION
It is understood that this agreement shall be in effect until completion of construction activities
at the Sight and Sound Theatre Construction Site. 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. Any 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 OSHA/CDI Contractors Partnership Agreement is August 21, 2006:
Barb Theriot, Area Director
Kansas City Area Office |
Lloyd Garrison-President
CDI Contractors, LLC |
Jim Golden-Superintendent
CDI Contractors |
Michael Cassady-Safety Director
CDI Contractors |
Robert Simmons, Director
Missouri Onsite Safety and Health
Consultation Program
Division of Labor Standards
Department of Labor and Industrial Relations |
Rob Hawkins
General Superintendent
CDI Contractors |
|
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