|
OSHA Strategic Partnerships Program >
Region V > #506 Partnership Agreement |
 Printing Instructions
|
STRATEGIC PARTNERSHIP BETWEEN
M. A. MORTENSON COMPANY
the OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION,
AND
ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM
ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
 |
I. BACKGROUND/IDENTIFICATION OF PARTNERS
A. Background
To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries within
the construction industry, OSHA and M. A. Mortenson Company (Mortenson) 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.
This partnership is designed to address the hazards within the construction industry, and to promote
and recognize those jobsites controlled by a contractor that has demonstrated an effective safety
and health program. The Partnership agreement is an effective tool for ensuring safety at the CHOI/North
Gerlach Hospital Expansion Construction Project. It will serve to establish a cooperative effort in
ensuring safety and maintaining an open line of communication between OSHA and contractors on the
worksite. The 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.
B. Partners
- M. A. Mortenson Company
- U.S. Department of Labor/OSHA – Peoria Area Office
- Onsite Safety and Health Consultation –Illinois Department of Commerce and Economic Opportunity
- All contractors and/or subcontractors working at this site agree to participate in the partnership
agreement.
- All labor unions working at this site agree to participate in the partnership agreement.
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by Mortenson 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 construction
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 alternative to the
traditional OSHA enforcement procedures.
By focusing its efforts and utilizing the skills, knowledge and resources of OSHA and the On-site
Consultation Programs, M.A. Mortenson expects to reduce exposure to hazards and the incidence of
serious injuries and fatalities at the CHOI/North Gerlach Hospital Expansion 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 of the 5,703 job-related fatalities,
construction had a fatality rate of 22.2% or 1,268 fatalities in construction private industry
compared with private industry manufacturing rate of 8.0% or a total of 459 fatalities. Construction
has over 20% of all the fatalities but employs only 6% of the workforce. The hazards associated with
the construction industry are well documented. OSHA has identified the top four causes of
fatalities: falls, being struck by equipment or machinery, electrocution, and caught -in-between
equipment. On an average, OSHA has traditionally devoted 40-50% 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 Mortenson and allowing self-compliance through regular inspections and enforcement.
The goal for the partnership is to attempt to significantly reduce and/or eliminate any accidents on
this project and achieve a total lost workday injury and illness incident rate per 100 employees for
the project below the national average of 3.4.
III. GOALS, STRATEGIES, AND MEASURES
The overall goal of the 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. This partnership will
strive to achieve that goal by establishing a foundation of proactive measures which will include:
A. Outcomes
Outcomes of this Partnership may include:
- Reduction in injuries, illnesses and fatalities at the CHOI/North Gerlach Hospital Expansion
Construction Project;
- Development of a model safety and health program;
- Creation and dissemination of new safety and health materials to all sub-contractors;
- Mentoring and training of subcontractors and their employees;
- Increased communication between stakeholders and resultant mutual respect;
- Development of a business/labor/government partnership approach to safety management; and
- OSHA resources directed towards the construction industry whose safety and health efforts require
the most assistance.
B. 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 OSF Hospital Addition Construction Project;
- Maintain lost time injuries and illnesses (DART) at a rate 15% (2.9) below the 2004 BLS industry
average (3.4).
- Increase the number and improve the quality of safety and health programs and best practices
implemented among subcontractors and low tier subcontractors; and
- Increase the number of employees, employers and supervisors who have completed relevant safety
training.
C. Strategies
Strategies to achieve one or all of the above goals:
- Empower each and every contractor employee to stop work immediately upon encountering an unsafe
condition, until corrective actions are implemented.
- Implement a comprehensive job site inspection program.
- Complete job hazard analysis prior to employee exposures, identifying potential hazards to
employee safety and health.
- Conduct initial monitoring for identified inhalation hazards per section VIII.A.3 of this
partnership agreement. Employee exposures will be assumed and respiratory protection worn until the
results of the initial monitoring studies are received and demonstrate no exposure problems.
- Hazards found during the project will be effectively corrected on a day-to-day basis.
- Strive for zero injuries on the job and ensure all serious hazards are controlled through safe
processes or procedures.
- Implement an aggressive Fall Protection Plan to include fall protection in all cases where work
is being performed six feet or more above lower surfaces.
- Ensure employees receive training as follows:
- 100% of Mortenson’s on-site supervisory personnel, and at least 15% of the subcontractor’s safety
designees, will complete the 30-hour OSHA construction course (or its equivalent). Subcontractors
can utilize other instructors as long as they can show a valid certification card showing completion
of the course.
- All employees 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 this Partnership Agreement. At least 50% of all employees working on site for more than
30 consecutive days, will receive a 2nd orientation and 3rd orientation.
- Safety and health training to Hispanic/Latino subcontractors with non-English speaking employees
will be conducted in Spanish should the need arise. OSHA may provide Spanish Speaking instructors as
needed, depending on availability.
- 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, with a goal of at least 25% of the expected average employees being trained.
Subcontractors can utilize other instructors as long as they can show a valid certification card
showing completion of the course. Mortenson has primary responsibility for providing this training.
OSHA will provide assistance as needed.
- Require subcontractors who have written safety and health programs to submit them to Mortenson.
Companies that do not have their own written safety and health programs have the option of adopting
the safety and health program of Mortenson or develop one by utilizing services provided by other
Partnership members.
- Require subcontractors to develop written site specific safety and health plans to address the
site specific safety and health hazards exposures pertinent to their scope of work on the CHOI/North
Gerlach Hospital Expansion construction project.
- Ensure health-related issues arising during the course of the construction work are adequately
addressed internally by Mortenson and/or the Onsite Consultation Service. All safety and health
related issues will be discussed quarterly during the partnership meetings.
- An effective hearing conservation program, including noise monitoring and the implementation of
engineering controls where possible, will be implemented.
- An effective environmental monitoring program will be implemented to control any potential
airborne hazards and will include personal monitoring, implementation of engineering controls where
possible, and the use of respiratory protection.
- Ensure compliance with NFPA 70E when working on live electrical equipment, including training
and the availability and use of personal protective equipment. A permitting system will be
implemented to oversee the implementation of appropriate protective measures prior to exposure.
- Ensure all equipment is adequately guarded.
- Implement a Site Safety Leadership Team (safety committee) which, led by Mortenson, will meet at
least monthly with major subcontractors represented. At least 50% of this team will be comprised of
field craft employees. Illinois On-Site Consultation or OSHA may be present at these meetings.
- OSHA may provide benefits to participating companies that voluntarily improve their safety and
health performance. See Benefits section, below;
D. Measurement Systems
- The measurement system will use OSHA recordable injuries and illnesses to determine the total
lost workday injury and illness rate for the site compared to the average for the construction
industry nationally.
- Activity measures shall include the applicable number of employers, supervisors and employees
trained. Mortenson will maintain the records of the 30-hour and 10-hour OSHA training
certifications. All contractors will be required to conduct weekly safety toolbox talks. Tracking of
number of training hours, types of training and number of employees will be performed with data
provided to OSHA annually.
- Intermediate measures will include the number of safety and health programs instituted. The
programs will be maintained on site and evaluated by Mortenson and/or the OSHA Compliance Assistance
Specialist
- Outcome measures will be gathered 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, job site inspections, and OSHA inspection activity;
and
- Documented job site inspections and total number of hazards identified and corrected by the
general contractor and by each sub-contractor. The job site 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 undermine Mortenson’s Zero Injury philosophy. The
tools for tracking these actions may be reorientation, near miss incident reporting and 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 Mortenson 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 measurement system as specified in Appendix C of CSP 03-02-002, OSHA Strategic
Partnership Program for Worker Safety and Health Directive.
It will be the responsibility of M.A. Mortenson 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 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.i.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 percent or more, the
minimum penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b).
- Priority consideration for compliance assistance and offsite technical assistance (phone
calls/faxes) by OnSite Consultation and OSHA as resources allow.
VI. OSHA INSPECTIONS AND VERIFICATION
OSHA will conduct one unannounced enforcement verification inspection each year for the term of the
project. These inspections will be conducted through normal enforcement inspection activity.
Inspections conducted in response to complaints, Local Emphasis Programs, or referrals will qualify
as the monitoring inspection if, in addition to addressing the complaint/referral item(s), the
compliance officer completes the focused inspection protocol for the worksite.
Mortenson and its subcontractors will remain subject to OSHA inspections and investigations in
accordance with agency procedures. 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
A. M.A. Mortenson:
- Implement Mortenson’s Zero Injury Safety Program 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 who have not yet developed their own safety and health program and, if
necessary, refer them to OSHA and/or Onsite Consultation for assistance.
- To the extent feasible, personal air monitoring will be conducted to assess employee exposures
levels. Where the potential for health issues such as silica, carbon monoxide, lead, or large-scale
use of chemicals in the building interior (such as floor finishing) exists, Mortenson will
coordinate air monitoring to assess employee exposure levels. Sampling results will be shared with
Onsite Consultation and OSHA upon request.
- 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 from the job site.
- 100% fall protection is required for all fall hazards over six (6) feet by Mortenson at the site.
- For roofers and leading edge work, warning lines may be used 6 feet from the edge, as long as
100% restraint system will be used to keep workers safe while working outside the 6 foot warning
line from reaching the edge and falling to a lower level. When warning lines are utilized for trades
other than those engaged in roofing or leading edge work, the placement distance from the edge will
be increased to 15 feet. Safety Monitor systems will not be recognized as an acceptable fall
protection system for any trade.
- Bricklayers performing overhand bricklaying and related work six feet or higher 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 six feet or
more by personal fall arrest systems, in addition to the use of a positioning device.
- Ground Fault 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 Safety Director for Mortenson will be responsible for overseeing site safety and to serve as
a point of contact and to oversee the partnership goals.
- The Mortenson Project Management Team and/or Safety Coordinator will conduct daily safety audits.
Since this is a multi-employer worksite and all workers are to work together on safety issues, a
schedule of all daily site-safety audits will be developed by Mortenson and the safety committee.
This schedule will be posted near the site safety station for easy access.
- 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.
- The Mortenson led Site Safety Team will coordinate and conduct a comprehensive site audit on a
monthly basis. Partnership Committee Members will participate in the site safety audit when needed.
If non-compliant activity or hazards are discovered, immediate correction is required. Mortenson
will document the corrective action taken and share this information during the quarterly
partnership update meetings.
- Allow OSHA access to the site during inspection activities (monitoring and unprogrammed
activities such as fatalities and employee complaints).
- Audit the partnership and make recommendations for improvement.
- Job Site inspections and select Near Misses will be shared and made available to all workers.
Select Near Misses and daily safety audits will be discussed during stretching exercises.
- May request the services from Onsite Safety and Health Consultation Program, IL DCEO.
- When health-related issues arise during the course of the work, which are beyond the scope of
Mortenson, referrals will be made through Mortenson to the Onsite Consultation Service.
- No employee will 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 of 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. All rigging must be tagged with
work load limits or color coded to identify the work load limits.
- Require the use of appropriate personal protective equipment. Hardhats and eye protection, as a
minimum, will be worn at all times on the worksite. Employees working at night or around heavy
equipment will be required to wear high-visibility reflective vests or clothing.
B. OSHA:
- OSHA will participate as available in the quarterly Partnership Committee meetings but will not
participate in the walkaround inspection.
- The Compliance Assistance Specialist from the Peoria Area Office may be used as a resource for
technical issues, and would be available to assist with safety and health training/tool box
meetings.
- Give priority to the CHOI/North Gerlach Hospital Expansion construction worksite when technical
assistance is needed.
- Conduct inspections in accordance with section VI of this partnership. Verification inspections
will follow OSHA’s Focused Construction Inspection Policy.
- Review Mortenson safety and health self-audits to complete the annual partnership report.
C. OnSite Safety and Health Consultation Programs:
- Provide assistance as necessary for the attainment of the training goals outlined in paragraph III.
- Participate in the quarterly Partnership Committee meetings.
- Provide quarterly consultation visits of the CHOI/North Gerlach Hospital Expansion construction
worksite.
- As a result of the consultation visits, make recommendations for partnership onsite safety and
health improvements.
- Provide copies of the reports for all activities at the site to the partners.
D. Subcontractors:
- Appoint an on-site Partnership Committee member to act as the person responsible to resolve job
site safety matters and be the liaison to Mortenson’s Site Safety Coordinator.
- Conduct job site safety inspections for those employees under their control. This will be in
addition to the general, non-documented 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 the Mortenson’s Site Safety Coordinator.
- Participate in the quarterly Partnership Committee meetings and on safety audits. If
non-compliant activity or hazards are discovered, immediate correction is required. Abatement
methods and verification must be submitted to Mortenson’s Site Safety Coordinator who will document
the correction taken and share this information during the monthly update meetings.
- A representative from each major subcontractor 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.
- Request services from Onsite Consultation if a safety and health program has not been developed
or submitted for the project.
- All subcontractors, including their lower tiers, are participants of the partnership.
E. Labor Unions:
- Cooperate in maintaining a safe work place.
- Report observed safety hazards to management.
- Encourage members to report safety concerns to their supervisor or other members of management.
- Provide safety training during the winter months and encourage their members to attend.
- Provide input into the development and implementation of the Strategic Partnership.
IX. TERMINATION
This agreement shall be in effect until completion of construction activities. 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. Either 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
Paperwork Reduction Act Notice
Form Approved
OMB# 1218-0244 Expires 01-31-2009
Public reporting burden for the time needed to develop
the Partnership requirements, craft agreement language,
and conduct an internal review process is estimated to
be an average of 11 burden hours per respondent. |
X. SIGNATURES
The date of this Mortenson/OSHA Partnership Agreement is August 3, 2007.
________________________________________
Nick Walters, Area Director
OSHA Peoria Area Office |
________________________________________
Bill Gregor, Construction Executive
M. A. Mortenson Company |
________________________________________
Paul Penzkover, Safety Director
M. A. Mortenson Company |
________________________________________
David Kramer, Program Manager. IL DCCEO
Onsite Safety and Health Consultation |
________________________________________
Carter Barnes, Director of Design and Construction,
OSF Saint Francis Medical Center, Milestone Project |
________________________________________
Bricklayer & Allied Craftsworkers Local 6 |
________________________________________
International Brotherhood of Electrical Workers,
Local 34 |
________________________________________
International Association of Heat and Frost Insulators,
Local 17 |
________________________________________
International Association of Bridge, Ornamental and Reinforcing Iron, Local 112 |
________________________________________
Laborers International Union of North America
Local 165 |
________________________________________
International Union of Operating Engineers,
Local 649 |
________________________________________
International Union of Painters and Allied Trades
Local 157 |
________________________________________
Operative Plasterers’ and Cement Masons'
Local 18 |
________________________________________
United Association Plumbers, Local 63 |
________________________________________
United Union of Roofers, Waterproofers And
Allied Trades, Local 69 |
________________________________________
Sheet Metal Workers International Union
Local 1 |
________________________________________
Teamsters, Chauffeurs and Helpers
Local 627 |
________________________________________
United Brotherhood of Carpenters and Joiners of America,
Local 183 |
________________________________________
International Union of Elevator Constructors,
Local 55 |
________________________________________
Road Sprinklerfitters, Local 669 |
________________________________________
United Association Steamfitters, Local 353 |
|
|
|
Back to Top
