OSHA Strategic Partnerships Program > Region 4

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OSHA Strategic Partnerships Program > Region 4 > #527 Partnership Agreement

Printing Instructions

STRATEGIC PARTNERSHIP BETWEEN
The OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION’S
Atlanta East Area Office
And
The Georgia Tech Institute of Technology ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM
And
CDI Contractors, LLC

I. PURPOSE/SCOPE

This partnering agreement was developed jointly by Occupational Safety and Health Administration (OSHA), the Georgia Institute of Technology Onsite Safety and Health Consultation Program (Georgia Tech) and CDI Contractors, LLC (CDI). The common objective and goals of the agreement are to reduce injuries and illnesses, increasing safety and health training, sharing of best work practices, increasing the number employers with safety and health management systems, and compliance with applicable OSHA standards and regulations.

To facilitate the goal of reducing occupational related fatalities and serious injuries within the construction industry OSHA, Georgia Tech and CDI, will implement an agreement under the OSHA Strategic Partnership Program (OSPP). This agreement will address the prevention of the workplace injuries, illnesses and fatalities, as well as the development and implementation of effective safety and health management systems.

This agreement will cover the Village at Riverwatch Open Air Lifestyle Center Mall Project in Augusta, Georgia. The project will consist of 11 buildings, including 2 large retail anchor stores on 127 acres. A different general contractor, who is not participating in this agreement, will construct the Belks anchor store. Additionally, tenant-finish contractors will not fall under this partnership (unless otherwise specified). Building construction will start in October 2006 with the grand opening of Mall scheduled for March 2008.

By focusing its efforts and utilizing the skills, knowledge and resources of OSHA, CDI and Georgia Tech expect to reduce exposure to hazards and thereby decrease the possibility of serious injuries and fatalities at the Village at Riverwatch Construction Project.

II. IDENTIFICATION OF PARTNERS

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. The partners in this agreement will include: The Occupational Safety and Health Administration (OSHA), Atlanta-East Area Office; CDI Contractors, LLC; and the Georgia Institute of Technology Onsite Safety and Health Consultation Program

III. GOALS AND MEASUREMENTS

The primary objective 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. The goals employed to achieve these results will include the following:

GOALS

Participants in this Partnership will strive to:
1. Reduce the total number of injuries and illnesses cases by 10 percent, thereby providing a safe and healthful work environment for employees at the Project.
2. Continually improve safety and health at the worksite by ensuring that best practices are shared with all subcontractors.
3. Increase the number of employees, employers and supervisors that are provided effective safety and health training, such as the OSHA 10-hour course.
4. Effectively control workplace hazards by increasing the number of construction companies with safety and health management systems.
MEASUREMENTS

CDI will serve as the primary data collector for this agreement. Outcome measures compiled under this agreement will include:
1. 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.
2. 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 topics/hazards discussed shall be documented.
3. CDI will track and evaluate the number of subcontractors with effective safety and health management systems.
4. On a monthly basis CDI will collect 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.
5. CDI will maintain records of the jobsite safety and health inspections, including the total number of hazards identified and corrective action (accomplished by the general contractor and by each subcontractor). The jobsite inspections reports will indicate the number of hazards observed, corrective actions, as well as safety and health management system improvements.
6. The site will also maintain a record of the number of disciplinary actions, which involved individuals who do not fully comply with CDI’s safety philosophy. The tools for tracking these actions may include the near miss incident reporting system and the safety audits.
7. Actions specific to NFPA 70E and work on live electrical, such as training records, PPE availability and use, and permits.
8. Measurement factors will be compiled monthly by CDI and at the conclusion of the project. CDI will ensure that the information is provided to OSHA for the annual partnership evaluation report.

IV. MANAGEMENT AND OPERATION

CDI will:
1. Establish a jobsite safety committee, consisting of a representative of all contractors on site, implement the safety committee’s Zero Injury Philosophy, in that all accidents are preventable and unnecessary, and a comprehensive safety and health management system, which includes:
  1. Management commitment and employee involvement;
  2. Hazard analysis;
  3. Hazard control;
  4. Arrangement of training assistance for other stakeholders on site.
2. Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered subs that arrive for work on the site.
3. (Where the potential for airborne silica exposure exists) require the use of wet cutting, or soft cutting techniques and/or dust collection system, 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 exist (i.e., carbon monoxide, lead, or large-scale use of chemicals in the building interior during floor finishing), CDI will coordinate with the subcontractor responsible for creating the hazard and ensure that air monitoring is accomplished to assess employee exposure levels. Sampling results will be compiled and tracked by CDI.
4. 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.
5. Ensure that a risk assessment is 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.
  1. 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.
  2. Bricklayers performing overhand bricklaying and related work above lower levels must be protected as described above. No monitor system will be allowed.
  3. 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.
6. To the extent feasible, serious ergonomic hazards will be identified and corrected.
7. Ensure that ground fault circuit interrupters (GFCI) are 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.
8. (CDI’s Superintendent and Safety Director) Oversee safety and health at the site, to serve as a point of contact, and oversee the partnership goals.
9. (CDI’s Superintendent and Safety Director) 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.
10. Conduct and document job site safety meetings/toolbox talks on a weekly basis.
11. Submit monthly accident reports to the partners, including first aid, injury, property damage and near miss reports.
12. Coordinate and conduct a comprehensive site audit on a weekly basis, led by CDI’s Superintendent. 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 Georgia Tech Onsite Consultation Program during the monthly update meetings.
13. Allow OSHA access to the site during inspection activities (verification as well as unprogrammed activities such as fatalities and employee complaints).
14. Audit the partnership and make recommendation for improvement.
15. Share the results of jobsite inspections and information concerning select near misses with all workers. Select near misses and daily safety audits will be discussed during Tool Box Talks.
16. Ensure that no employees are 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.
17. 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.
18. Ensure that all signs and warnings will be posted in English and Spanish, as well as any other appropriate languages.
OSHA will:
1. Participate, to the extent resources permit, in the weekly Partnership Committee/Subcontractor meetings, but will not participate in the walk around inspection, except that the verification visits may be scheduled as part of the weekly walkaround inspection, at the discretion of the Safety Director for CDI Contractors.
2. Serve as a resource and liaison for partnership participants and also assist with safety and health training, as resources permit.
3. Give priority to the construction project when technical assistance is needed.
4. Audit the monthly reports/documents and make recommendations for improvements in the meeting Partnership goals.
5. Conduct inspections in accordance with section VI of this partnership.
SUBCONTRACTORS will:
1. Appoint a representative to the site Safety Committee responsible for resolving job safety matters and serving as a liaison to CDI’s Superintendent.
2. 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.
3. 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.
4. Share the results of jobsite inspections with all workers by posting them in the project office.
ON-SITE SAFETY AND HEALTH CONSULTATION PROGRAM will:

Give priority consideration to requests for services to small contractors who are engaged in work at the project.

V. SAFETY AND HEATLH MANAGEMENT SYSTEM

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. This data will be used as a tool to ensure continual safety and health improvement at the site. The management of this agreement will be accomplished by CDI by implementing a comprehensive jobsite safety and health management system which includes:

CDI will complete a risk assessment prior to exposing employee to potential safety and health hazards. This will be accomplished by the use of the CDI Safety Task Assignment (STA) form (attached).
Work with OSHA, Georgia Tech and committee members to provide the resources to conduct initial monitoring for ALL toxins, carcinogens, or hazardous substances currently emphasized by OSHA and 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. CDI will endeavor to ensure that no work with these materials will occur, thus preventing any exposure. CDI will request periodic evaluation visits by its insurance company’s Industrial Hygienist.
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. When hazards can not be corrected immediately they will be tracked until abatement is completed. Employees exposed to these hazardous conditions will be informed of the hazard and an effective interim control measures will be implemented. A record will be kept of all hazards found during the weekly audits and the number of hazards corrected as a result. (See CDI Daily Safety Log attached 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:
1. Supervisory personnel 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.
2. All employees will receive a site-specific construction safety orientation covering jobsite safety and health issues, procedures relative to the work being performed, as well as 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.
3. Safety and health training will be provided to all workers in a language they understand. Bi-lingual Instructors will be contracted to perform this training. A list of instructors will be provided by CDI to all subcontractors to ensure that all workers are effectively trained.
4. Other hazard-specific training will be conducted on an as-needed basis.
5. 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 as resources allow will provide assistance. CDI plans to hold 10-hr Safety Training Sessions every 4 months to help train all personnel as schedule allows.
Subcontractors with written safety and health management systems must submit them to CDI for evaluation. Companies without safety and health management systems may adopt CDI’s, or develop an adequate safety and health management system with the assistance of the Georgia Tech Onsite Consultation Program.
Ensure health-related issues which occur during the course of the project are adequately addressed by CDI and/or the affected subcontractors, with the assistance of OSHA as its resources permit and Georgia Tech. All health-related issues will be discussed monthly during the partnership meetings.
1. An effective hearing conservation program, including noise monitoring and engineering controls, where possible, will be implemented by CDI Safety Department.
2. 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 site-based data 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.

VI. 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 write and submit the annual evaluation.

VII. 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 one verification inspection within 3 months of the implementation of this agreement, the site will be excluded from a scheduled General Inspection for twelve months.
Priority Consultation service and assistance for small employers working on the construction site from the Consultation program.

VIII. OSHA INSPECTIONS AND VERIFICATION

Verification Inspections: OSHA will conduct the initial verification inspection no sooner than three-months after partnership participants formally enter into this agreement. During this period participants should develop and implement the safety and health management systems required under this agreement. After this period, OSHA will conduct the initial verification inspection and annually thereafter. The scope of the verification inspections will include the Focused Inspection criteria (falls, struck-by, caught-in and electrocution). A compliance officer that is familiar with the CDI Construction Partnership Agreement will do verification inspections. Employee rights under the OSH Act will be afforded. During the verification inspections, if OSHA personnel identify serious hazards that site management refuses to correct, they will make a referral for an enforcement inspection.
Complaint/Referral 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/referral related to the work site and filed with OSHA will be forwarded by fax, or by CSHO, to the CDI Construction Project Management office onsite. In accordance with applicable law, the name of the complainant requesting confidentiality will not be revealed. CDI Construction agrees to investigate these complaints, regardless of the employer involved and provide OSHA with a written response within 5 working days.
Accident Investigations: Employers engaged in this partnership recognize that OSHA fully investigates accidents involving a fatality or serious physical harm. If during the course of the investigation OSHA determines that the incident resulted from violations of the OSHA standards, the employer will not be afforded partnership incentives.
Once a verification inspection has been conducted at the site, which reveals that the site has adequately assessed and/or controlled/prevented employee exposure to hazards at the Village at Riverwatch Construction Project, then the site can be deferred from programmed inspections for twelve months, in accordance with the current OSHA Instruction CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health.

IX. 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.

X. TERMINATION

It is understood that this agreement shall be in effect until completion of construction activities at the Village at Riverwatch Construction Site, but in no case longer than three-years. 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.

XI. SIGNATURE PAGE

Agreement Signing Date: _____________________

G. T. Breezley, Area Director Occupational Safety and Health Administration		Lloyd Garrison-President CDI Contractors, LLC
Trey Flowers-Superintendent CDI Contractors		Michael Cassady-Safety Director CDI Contractors
Randy Self Vice President CDI Contractors		Daniel Ortiz, CSP Division Chief/ Program Manager Georgia Tech Research Institute Occupational Safety and Health Division

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