I. BACKGROUND/IDENTIFICATION OF PARTNERS
A. Background
To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries within
the construction industry, P.J. Hoerr, OSHA, and the Illinois Onsite Safety & Health Consultation
Program 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
Illinois Medical Center Project. It will serve to establish a cooperative effort in ensuring safety
and maintaining an open line of communication between OSHA and contractors at 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 encourages
participation in the safety process from the construction community.
B. Partners
- Peoria Area OSHA Office
- Illinois Onsite Safety and Health Consultation Program
- P.J. Hoerr, Inc.
II. PURPOSE/SCOPE
This Partnership agreement was developed jointly by P.J. Hoerr, OSHA, and the Illinois Onsite Safety
& Health Consultation Program. The common objective and goal of the agreement is to provide a safe
and healthful environment for employees working in 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 efforts and utilizing the skills, knowledge, and resources of P.J. Hoerr, OSHA, and the
Illinois Onsite Safety & Health Consultation Program, this Partnership expects to reduce exposure to
hazards and incidence of serious injuries and fatalities at the Illinois Medical Center construction
Project. Increased communication between the stakeholders and mutual respect are additional benefits
expected to be realized from this cooperative and voluntary Partnership.
According to 2005 data from the Bureau of Labor Statistics, the construction industry sector, at the
national level, recorded 1,186 fatal work injuries, the most of any industry sector, a decrease of
3.2 percent of the number reported in 2004. In Illinois, the 2005 total lost workday injury and
illness incident rate per 100 employees is 3.3, up from 2.7 in 2004. The hazards associated within
the construction industry are well documented. OSHA has identified the top four causes of fatalities
as falls, being struck by equipment or materials, electrocutions, and being caught-in-between
equipment or materials. On average OSHA devotes 40-50% of its compliance resources to enforcement
activity in the construction industry. The objective of this Partnership agreement is to relieve
OSHA from the day-to-day burden of enforcing established safety standards at this project by teaming
up with P.J. Hoerr, Inc. and allowing self-compliance through regular inspections and enforcement.
The goal for the Partnership is to reduce and/or eliminate accidents on the project and achieve a
total lost workday and illness incident rate per 100 employees for the project below the Illinois
average of 3.3.
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 and/or elimination of injuries, illnesses and fatalities at the Illinois Medical Center
Project.
- Development of a model safety and health program
- Creation and dissemination of new safety materials to the subcontractors
- Mentoring and training of subcontractors and their employees.
- Increased communication and respect between stakeholders
- Development of a business/labor/government partnership approach to safety and health management;
and
- OSHA resources directed toward the areas of the construction industry that require the
assistance.
B. GOALS
Participants of this Partnership will strive to:
- Reduce and/or eliminate serious injuries and illnesses and provide a safe and healthful work
environment for employees at the Illinois Medical Center Project.
- Increase the number and use of safety and health programs among contractors; and
- Increase the number of employees and supervisors who have completed relevant safety training.
C. STRATEGIES
Strategies to achieve one or all of the above goals:
- Maintain a lost time injury and illness rate 25% (2.48) below the Illinois industry average
(3.3).
- Create, distribute, and enforce the use of a site-specific safety orientation program. All
employees will receive a site-specific safety orientation handout covering jobsite safety and health
issues, procedures relative to the work being performed at the project, and the requirements of this
Partnership agreement.
- Conduct initial monitoring for toxins, carcinogens, or hazardous substances which present an
inhalation hazards, such as but not limited to: silica, lead, cadmium, or isocyanates.
- Strive for no injuries on the job and ensure all serious hazards are addressed and controlled by
safe processes and practices on a day-to-day basis.
- P.J. Hoerr will require and enforce a 6 foot fall protection rule for all activities at the
Illinois Medical Center Project. This includes activities that OSHA requires fall protection over 6
feet such as the use of scaffolding, steel erection, etc.
(Although providing mandatory fall protection at the 6’ level is not required by the current OSHA
construction standards and is not mandated by OSHA as a requirement for participation in any OSHA
partnership agreement, the contractors on this partnership are committed to providing a greater
level of protection to the employees working at this site and will require protection at the 6’
level and above)
- P.J. Hoerr will hold a monthly jobsite safety/toolbox meeting where near-misses, accidents, or
other safety or health issues will be discussed. This meeting will be mandatory for all
subcontractors to attend.
- Ensure employees receive training as follows:
- 100% of P.J. Hoerr’s on-site supervisory personnel will attend a 2-hour safety seminar put on by
P.J. Hoerr Safety Coordinator and OSHA.
- At least one on-site supervisory person from each subcontractor will be required to attend the
2-hour safety seminar. (If subcontractors have already begun work and are still working at the
jobsite when this Partnership is signed then they will be required to attend the seminar).
- Other hazard specific training will be conducted on an as needed basis.
- Require subcontractors who have written safety and health programs to submit them to P.J. Hoerr.
Companies that do not have their own written safety and health programs have the option of adopting
the safety and health program of P.J. Hoerr or develop one by utilizing services provided by other
Partnership members.
- Ensure that all serious safety and health issues, near misses, and accidents/incidents that occur
during the course of the project will be addressed at a monthly Partnership meeting.
- Ensure all machines/equipment are adequately guarded.
- 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 injury and illness records to determine the total
workday injury and illness rate for the project compared to the average for the construction
industry in Illinois.
- Activity measures shall include the applicable number of employers, supervisors, and employees
trained. P.J. Hoerr will maintain the records for the 2-hour safety seminar.
- Intermediate measures will include the number of safety and health programs instituted. These
programs will be evaluated by and maintained on-site by P.J. Hoerr.
- 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 on-site audits, jobsite inspections, and OSHA inspection activity,
and
- Documented jobsite inspections and the total number of hazards identified and corrected by P.J.
Hoerr and subcontractors. The jobsite inspections will indicate the number of hazards observed and
subsequent progress and improvements with their safety and health programs.
- Measurement factors will be compiled by P.J. Hoerr.
IV. ANNUAL EVALUATION
The program will be evaluated at the end of 12 months and at the end the project 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 P.J. Hoerr to gather required data to evaluate and track the
overall results and successes of the Partnership program. This data will be shared with OSHA and the
Illinois Onsite Safety & Health Consultation Program.
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% reduction provided in the FIRM where the employer, in
implementing an OSP, has taken the 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 in the FIRM will apply (see FIRM, Chapter IV, and C.2.b).
- Priority consideration for compliance assistance and offsite technical assistance (phone
calls/faxes) by OSHA and the Illinois Onsite Safety & Health Consultation Program as resources
allow.
VI. OSHA INSPECTIONS AND VERIFICATION
OSHA will conduct two unannounced enforcement verification inspections during the 2 year project.
These inspections will be conducted through normal enforcement inspection activity. Inspections
conducted in response to complaints, Local Emphasis, or referrals, will qualify as the verification
inspection if, in addition to addressing the complaint/referral item(s), the Compliance Officer
completes the focused inspection protocol for the worksite.
P.J. Hoerr and its subcontractor 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 abrogates any responsibility to comply with rules and regulations
adopted pursuant to the Act.
All contractors who work at the Illinois Medical Center Project, whether they are a signatory
partner or not, are considered participants in this partnership by virtue of the contractual
agreement with P.J. Hoer. All contractor companies through the contract enacted P.J. Hoerr will
assume the safety and health requirements of this partnership. Each company will be afforded the
opportunity to become a signatory partner. The knowledge gained from this partnership will be
applied to reduce injuries and illness at future work sites.
VIII. PARTNERSHIP MANAGEMENT AND OPERATION
A. P.J. Hoerr, Inc.
- P.J. Hoerr will implement a site-specific safety and health program.
- P.J. Hoerr will mentor subcontractors who have not yet developed their own safety and health
program and, if necessary, refer them to the Illinois Onsite Safety & Health Consultation Program
for assistance.
- P.J. Hoerr will require the use of wet cutting techniques and/or dust collection systems in
addition to the mandatory use of approved respirators where the potential for airborne silica
exposure exists. Personal air monitoring will be conducted to assess employee exposures levels.
Where the potential for other health issues arise P.J. Hoerr will coordinate with its insurance
carrier or the Illinois Onsite Safety & Health Consultation Program to conduct air monitoring to
assess employee exposure levels. Results will be summarized and shared with OSHA at the end of the
project.
- P.J. Hoerr will have the authority to enforce safety rules and regulations. The authority will
include provisions to hold contractors and employees accountable and, if necessary, remove
contractor employees from the jobsite.
- P.J. Hoerr will administer a drug test to all its new employees that work at the project. P.J.
Hoerr will also drug test its employees that are involved in a work related accident.
- Ground Fault Circuit Interrupters (GFCI) will be used to protect all employees using temporary
electrical power at the jobsite, All contractors will ensure that employees are protected by a GFCI
at all times.
- The Safety Director for P.J. Hoerr will be responsible for overseeing site safety and will serve
as the point of contact for questions concerning the achievement of the Partnership goals.
- The Safety Director for P.J. Hoerr will conduct and document a weekly inspection of the jobsite.
These inspection records will be kept for when the Partnership is evaluated at 12 months and at the
completion of the project.
- The Superintendent for P.J. Hoerr will conduct a safety walk around of the jobsite on a daily
basis. Serious hazards discovered will be documented and followed up by the Safety Director during
his weekly inspection to ensure hazard abatement.
- P.J. Hoerr will conduct and document weekly toolbox talks with its employees.
- P.J. Hoerr will host and coordinate quarterly Partnership meetings between the partners and
subcontractors currently working at the project. Near-miss accidents and hazards discovered during
safety and health inspections will be discussed at the meeting. Meeting minutes will be kept for use
when the Partnership is evaluated at the completion of the project.
- P.J. Hoerr will allow OSHA access to the jobsite during inspection activities (monitoring and
unprogrammed activities such as fatalities and employee complaints).
- P.J. Hoerr will request that two inspections be performed by the Illinois Onsite Safety & Health
Consultation Program.
- P.J. Hoerr will continually audit the Partnership and make recommendations for improvement.
B. OSHA
- OSHA will participate, when available, in the quarterly Partnership Committee meetings but will
not participate in the walk around inspection.
- OSHA will designate an experienced safety and health specialist to serve as a resource and
liaison for Partnership participants. The Compliance Assistance Specialist from the Peoria Area
Office will review contractor safety and health programs, review other pertinent documentation and
will assist with training as needed.
- OSHA will give priority to the Illinois Onsite Safety & Health Consultation Program when
technical assistance is needed.
- OSHA will audit monthly inspection reports/documents and make recommendations for improvements in
meeting Partnership goals.
- OSHA will conduct inspections in accordance with Section VI of this Partnership.
C. Illinois Onsite Safety & Health Consultation Program
- Illinois Onsite Safety & Health Consultation Program, upon request, will work with subcontractors
to establish effective safety and health programs.
- Illinois Onsite Safety & Health Consultation Program will participate, when available, in the
quarterly Partnership Committee meetings and walk around inspections.
- Illinois Onsite Safety & Health Consultation Program will conduct two comprehensive inspections
of the jobsite.
- Illinois Onsite Safety & Health Consultation Program will assist P.J. Hoerr with conducting air
sampling outlined in Section III. C.
- Illinois Onsite Safety & Health Consultation Program will audit the Partnership and make
recommendations for improvement.
D. Subcontractors
- Subcontractors will appoint a representative to attend the monthly Partnership meetings, resolve
jobsite safety matters, and be a liaison to P.J. Hoerr’s jobsite Superintendent and Safety Director.
- Subcontractors will conduct and document weekly jobsite safety and health 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-complaint activity or hazards are discovered, immediate correction
is required. Documentation of abatement verification must be submitted to P.J. Hoerr’s Safety
Director.
- Jobsite inspections will be shared and made available to all workers in the project job trailer.
- Subcontractors will request services from the Illinois Onsite Safety & Health Consultation
Program if a safety and health program has not been developed or submitted for the project.
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 must provide for 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 to 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 the members involved.
X. SIGNATURES
The date of this P.J. Hoerr/OSHA/ Illinois Onsite Safety & Health Consultation Program Partnership
Agreement is February ??, 2007
Nick Walters, OSHA Area Director
Peoria Area OSHA Office |
David Kramer, Director
Illinois Onsite Consultation Service |
Steve Williams, Safety Coordinator
P.J. Hoerr, Inc. |
Robert Hoerr, Chief Executive Officer
P.J. Hoerr, Inc. |
|
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