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OSHA Strategic Partnerships Program >
Region V > #607 Partnership Agreement |
 Printing Instructions
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STRATEGIC PARTNERSHIP BETWEEN
BYRON COMMUNITY SCHOOL DISTRICT 226
TURNER CONSTRUCTION COMPANY
CHICAGO REGIONAL COUNCIL OF CARPENTERS
the OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION,
AND
ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM
ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
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I. BACKGROUND/IDENTIFICATION OF PARTNERS
A. Background
To facilitate OSHA's goal of reducing occupational-related fatalities and serious injuries
within the construction industry, Turner Construction Company, the Byron Community School District
226, the Chicago Regional Council of Carpenters, the U.S. Department of Labor/OSHA – Aurora Area
Office, and the Onsite Safety and Health Consultation Program– Illinois Department of Commerce and
Economic Opportunity, 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 have demonstrated an effective safety
and health program. The Partnership agreement is an effective tool for ensuring safety at the Byron
Middle School Construction Project. This project is a $22 million middle school that will be built
in Byron, Illinois. The facility will include flat concrete floors, structural steel and metal deck
framing system, pre-cast wall panels, and office space. It is projected to be completed in 2008.
Approximately 130-150 construction workers will be employed on-site during peak construction
activities.
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. 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
- Turner Construction Company (Turner)
- Byron Community School District 226 (the District)
- Chicago Regional Council of Carpenters (Carpenters)
- U.S. Department of Labor/OSHA – Aurora Area Office (OSHA)
- Onsite Safety and Health Consultation Program–Illinois Department of Commerce and Economic
Opportunity (Onsite Consultation)
- All contractors and subcontractors working under contract to the Byron Community Unit School
District 226
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by Turner, the District, Carpenters, OSHA, and
Onsite Consultation. The common objective and goal of the agreement are 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 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 Program, Turner expects to reduce exposure to hazards and the incidence of serious
injuries and fatalities at the Byron Middle School 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.
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 for the
partnership is 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 Byron Middle School Construction Project;
- 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 those segments of 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 Byron Middle School Construction Project;
- Increase the number of safety and health programs implemented among subcontractors;
- Increase the number of employees, employers and supervisors who have completed relevant safety
training; and
- Maintain lost time injuries and illnesses at a rate 25% (2.6) below the national industry average
of 3.4.
C. Strategies
Strategies to achieve one or all of the above goals include:
- Implement a comprehensive jobsite inspection program. Hazards found during the project will be
effectively corrected on a day-to-day basis.
- Strive for no injuries on the job, and ensure all 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.
(Although providing mandatory fall protection at the 6' level is not required for all fall hazards
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).
- Ensure employees receive training as follows:
- 100% of Turner's on-site supervisory personnel, and the subcontractor's safety designees, will
complete the 30-hour OSHA construction course (or its equivalent). Turner will provide access to
their web-based OSHA 30-hour class for contractors who have not met this requirement.
- 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.
- Other hazard-specific training (not required by OSHA) will be conducted on an as-needed basis.
- Monthly safety meetings will take place to review a safety topic of the month and current hazards
on the job with all construction workers.
- Require subcontractors who have written safety and health programs to submit them to Turner.
Companies that do not have their own written safety and health programs have the option of adopting
the Byron Middle School Site-Specific Safety Program, or developing one by utilizing services
provided by other Partnership members.
- Ensure that health-related issues arising during the course of the construction work are
adequately addressed internally by Turner and/or Onsite Consultation. All health-related issues will
be discussed monthly during the partnership meetings.
- An effective noise control program, including noise monitoring and the implementation of
engineering controls where possible, will be implemented. Noise monitoring will be conducted on this
project, and all noise survey results will be maintained.
- An effective environmental monitoring program will be implemented to control airborne hazards,
such as silica, and will include personal monitoring, implementation of engineering controls where
possible, and the use of respiratory protection.
- Turner will require subcontractors to submit information on any chemicals and/or other hazardous
materials and products brought onsite. This will be used to determine if monitoring is to be
conducted and what appropriate PPE is required.
- Ensure compliance with OSHA Electrical Safe Work Practices and 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 capable of amputations is adequately guarded.
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. This data will be compared to the average for the
construction industry nationally.
- Activity measures will include the applicable number of employers, supervisors, and employees
trained. Turner 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.
- Intermediate measures will include the number of safety and health programs instituted. The
programs will be maintained on-site, and evaluated by Turner 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.
- The number of documented job-site inspections and total number of hazards will be identified and
corrected by the general contractor, and by each subcontractor. The job-site inspections will
indicate the number of hazards observed, and subsequent progress and improvements with their safety
and health programs. Turner will use the DBO2 Safety Net system for safety audits and reporting.
- Actions specific to NFPA 70E, and work on live electrical equipment, such as training records,
PPE use, and permits, will be documented.
- Measurement factors will be compiled monthly by Turner, 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 OSHA Directive CSP 03-02-002.
It will be the responsibility of Turner 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, with input
received from the partners.
The Consultation Program managers will report the number of contractors that developed or improved
their safety and health programs through consultation.
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.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 enforcement verification inspection if, in addition to addressing the complaint/referral
item(s), the compliance officer completes the focused inspection protocol for the worksite.
Turner and all contractors and/or 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 abrogates any responsibility to comply with rules and regulations
adopted pursuant to the Act.
VIII. PARTNERSHIP MANAGEMENT AND OPERATION
A. Byron Community School District 226 will:
- Provide a representative to attend partnership meetings, as resources allow.
B. Turner Construction Company will:
- 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, ensure that personal air monitoring is 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, Turner will
coordinate air monitoring to assess employee exposure levels. Sampling results will be shared with
Onsite Consultation and OSHA.
- Have the responsibility to coordinate the safety programs between the prime contractors. This
responsibility will include provisions to hold contractors and employees accountable and, if
necessary, remove contractor employees from the job site.
- Enforce 100% fall protection for all fall hazards over six (6) feet. (Refer to Section C:
Strategies). This shall include roofing and leading edge work, overhand bricklaying, and installing
formwork or reinforcing steel.
- Ensure that all contractor employees are protected by the use of Ground Fault Circuit
Interrupters (GFCI).
- Through its Safety Director, be responsible for overseeing site safety, serve as a point of
contact, and oversee the partnership goals.
- Through its Project Management Team and/or Safety Coordinator, conduct weekly written 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 Turner and the safety
committee. This schedule will be kept 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.
- Through its Site Safety Leadership Team, coordinate and conduct a comprehensive site audit on a
monthly basis. Partnership Committee Members will participate in the site safety audit, as resources
permit. If non-compliant activities or hazards are discovered, immediate correction will be
required. Turner will document the corrective action taken, and share this information during the
monthly 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.
- May request the services from the Onsite Safety and Health Consultation Program.
- Make referrals to the Onsite Consultation Service when health-related issues arise during the
course of the work, which are beyond the scope of Turner.
- Not allow employees to work directly below a suspended load except for employees engaged in the
initial connection of steel. Controlled load lowering shall be used whenever the load is over the
connectors.
- Require the use of appropriate personal protective equipment. Hardhats and eye protection, at a
minimum, will be worn at all times on the worksite. Employees working at night, in low-light
conditions, and/or around heavy equipment will be required to wear high-visibility reflective vests
or clothing.
C. The Carpenters will:
- Appoint a member to the Committee;
- Participate in monthly safety audits; and
- Participate in monthly Partnership meetings.
D. OSHA will:
- Participate in the monthly Partnership Committee meetings, but not participate in the walkaround
inspection.
- Through its Compliance Assistance Specialist and/or the Assistant Area Director from the North
Aurora Area Office, be used as a resource for technical issues, and will be available to assist with
safety and health training/tool box meetings.
- Give priority to the Byron Middle School Construction Project when technical assistance is needed.
- Conduct inspections in accordance with section VI of this partnership.
- Review Turner's safety and health self-audits.
E. Onsite Safety and Health Consultation Programs will:
- Provide assistance as necessary to attain the training goals outlined in paragraph III.
- Participate in the monthly Partnership Committee meetings.
- Make recommendations for partnership onsite safety and health improvements.
F. Subcontractors will:
- Conduct job site safety inspections. If non-compliant activity or hazards are discovered,
immediate correction will be required. Documentation of abatement methods and verification must be
submitted to the Turner's Site Safety Coordinator.
- Participate in the monthly Partnership Committee meetings, and on safety audits. If non-compliant
activities or hazards are discovered, immediate corrections will be required. Abatement methods and
verification must be submitted to Turner's Site Safety Coordinator, who will document the correction
taken, and share this information during the monthly update meetings.
- Be required (major subcontractors) to participate in the site safety committee.
- Share and make available to all workers in the project office results of jobsite inspections.
- Request services from Onsite Consultation Program as needed.
- Include their lower tier contractors, and all will be participants of the 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.
X. SIGNATURES
The date of this Byron Middle School Construction Project Partnership Agreement is XXXXXXXXXXX.
Kathy O'Connell
Area Director
Aurora Area Office
Occupational Safety and Health Administration |
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xxxxxxxxxxxxxxxxxxx
Project Manager
Turner Construction Company |
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xxxxxxxxxxxxxxxxxxxx
Byron Community Unit School District 226 |
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David Kramer
Director
Illinois Onsite Safety and Health Consultation Program |
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Thomas Kavicky
Chicago Regional Council of Carpenters |
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