I. IDENTIFICATION OF PARTNERS
The 300 North LaSalle Street Project (The Project) is the construction of a 60 story, 1.3 million
square foot building that will include a waterfront café, and a one-half acre public plaza along the
Chicago River. The anticipated completion date for this project is December 2008.
The level of activity needed to complete the project on schedule will necessitate a cooperative
effort to assure that a safe and healthy work environment is maintained at all times. This
partnership will expand OSHA's reach into this project, allowing OSHA to work with the companies
involved to promote safety programs, management systems, and work methods utilizing the latest
technologies and the safest available methods. This partnership supports the Agency's Strategic Plan
by developing strategies to improve safety and health in the construction industry.
The partners in this program include:
Clark Construction - General Contractor (G.C.),
Chicago and Cook County Building and Construction Trades Council,
Chicago Regional Council of Carpenters,
Occupational Safety and Health Administration (OSHA),
Aon
II. PURPOSE and SCOPE
This partnership represents a voluntary agreement which affords Clark Construction an alternative to
traditional OSHA enforcement. The purpose of this partnership is to foster open communication
between OSHA, Clark Construction and the Sub-Contractors working on the project.
III. GOALS AND MEASUREMENT
A. Injury and Illness rates:
The 2006 Bureau of Labor Statistics (BLS) for Construction (Specialty Trade Contractors) under the
North American Industrial Classification System (NAICS) code 238000 lists a total recordable case
rate of 6.3, and a Days Away from Work, Job Transfer, or Restriction (DART) rate of 3.5. This
partnership will attempt to prevent construction fatalities and serious injuries by establishing a
foundation of pro-active measures with a goal of reducing injuries and illnesses by 10% below these
2006 BLS rates. This will be accomplished by:
- Creating a working relationship between OSHA and the partnership participants,
- Increasing all employees' safety awareness,
- Promoting a cooperative relationship between labor and management to achieve a safe worksite,
- Developing and providing training necessary to enhance safety awareness and proactively
addressing job-related hazards, and
- Developing, implementing and maintaining effective comprehensive safety and health programs in
accordance with 29 CFR 1926, OSHA interpretations and guidelines, ANSI Standards and the OSHA
multi-employer policy.
Injury and illness rates will be monitored and measured through a project–wide
log of work- related injury and illness, and comparing them to the total number of man-hours worked at
the project. This data will be complied through the Partnership Committee (the Committee).
B. Safety Programs:
The requirement to develop and maintain a safety program (1926.20 and 1926.21) consistently ranks
among the most frequently violated OSHA construction standards. The importance of safety programs in
the development of a safety culture at a worksite is well established. This partnership will require
100% of the contractors working on this project to have effective safety and health programs. This
will be accomplished through:
- The development of a site-specific safety program (SSSP) by the G.C.
- Requiring all prime contractors to develop and implement a comprehensive site-specific safety
and health program that will comply with the criteria of the SSSP and OSHA's safety and health
program guidelines; and
- A review of "Prime Contractors'" site-specific safety programs by the G.C. as a part of the
bid-acceptance procedure.
(Note: Within this document, the term "Prime Contractor" identifies any company at The Project under
a contractual agreement with the G.C., and the term "Tier - Subcontractor" identifies any company at
The Project under a contractual agreement with a prime contractor or another subcontractor.)
Prime Contractors must submit to the Project Safety Manager (PSM) written confirmation that each of
their tier-subcontractor's site-specific safety programs has been reviewed and meets the
requirements of the SSSP, or that the tier-subcontractor has adopted the prime contractor's program
and received training on the same. This written confirmation must also include verification that the
prime contractor's Safety Representative (SR) will be responsible for safety issues involving their
tier-subcontractors, including weekly audits of tier-subcontractor worksites and pre-task audits.
The prime contractor must identify the tier-subcontractor's SR, who will perform these duties. These
confirmations will be tracked by the Committee to assure that all contractors have effective safety
and health programs.
Completion and review of contractor safety programs will be monitored through the Project Safety
Manager and their duties as chairperson of the "Committee".
C. Safety Audits
This partnership will implement a comprehensive audit program to ensure that employees are not
exposed to serious hazards. 100% of the violative conditions found during these audits will be
corrected. The audit program will identify hazards, and focus on critical activities that generate
hazards associated with falls, electric shock, being caught-in or struck-by equipment or materials.
If serious hazards are identified, immediate correction will be required, or, at the discretion of
the audit team, employees will be removed from the hazard until abatement is completed. The results
of safety audits will be reviewed by the Committee and recorded in the minutes of the Committee
meetings, and tracked until hazards identified are corrected.
D. Training
In addition to any training required by specific OSHA standards or regulations, and prior to working
on the project, all employees will receive job-site orientation and training on the SSSP. Prime
contractors and tier-subcontractors must also provide to their employees site-specific safety
program training. The training will be documented on the "Employee Information and Training
Checklist" as provided for by the G.C.
Completion of the job-site orientation and the required prime contractor / tier-subcontractor
employee training will be tracked by the G.C., with the goal that 100 % of the employees working at
the project will receive this training.
In addition, all employees will also attend weekly "tool box" talks conducted by their SR, or
designee. As resources permit, and upon a formal request by the PSM, OSHA will conduct specific
training for employees, safety managers, and/or contractor management personnel. The G.C. will help
facilitate and sponsor these training sessions, and will recommend additional
training sessions as appropriate.
The number of employee receiving the initial jobsite orientation and addition training through the
partnership will be measured by the PSM and OSHA representative on the Committee.
IV. PARTNERSHIP EVALUATION
This partnership will include an annual partnership evaluation to determine whether modifications
are needed, and to review the status. The evaluation will be completed by the PC. The evaluation
will follow OSHA Directive CSP 03-02 002 (TED 8-0.2, OSHA Strategic Partnerships for Worker Safety
and Health, Appendix C). All required data to monitor the success of the partnership goals will be
submitted at least quarterly to the PC. The evaluations will be completed annually on the
anniversary date of the signing of the partnership agreement.
V. Benefits
All stakeholders will benefit from this partnership, and OSHA's involvement. Contractors on the
project will be eligible for incentives during the verification inspections, including penalty
reductions for OSHA citations (25% good faith, 15% quick fix); focused inspections; and maximum
resolution of complaints through investigation (phone/fax) in lieu of on-site inspections.
VI. VERIFICATION
OSHA will conduct two unannounced verification inspections during the life of the project. These
inspections will follow the "Focused Inspection" protocol and be conducted consistent with the
provisions of paragraph IX.H.3 of OSHA TED 8-0.2 by a compliance officer that is familiar with this
partnership. Violations of standards, regulations or the General Duty Clause found during
verification inspections may result in citations. Inspections conducted in response to complaints
and referrals will qualify as a verification inspection if, in addition to addressing the
complaint/referral item(s), the compliance officer completes the focused inspection protocol for the
entire worksite. OSHA agrees that during their focused inspections, no citations will be issued for
alleged violations of a non-serious nature if abated immediately. All employee rights under the OSH
Act will be afforded.
VII. Management and Operation
The 300 North LaSalle St. Partnership Committee (the Committee) will consist of one representative
from each of the partners listed above. The Committee will review contractor compliance and
involvement in the partnership, analyze job-site audits, make partnership improvements, evaluate
partnership modifications, achievements, and success, and will ensure that specific safety
measurements comply with OSHA regulations which control. Specifically, the partners will do the
following:
OSHA, Calumet City Area Office:
- Provide a representative for the Committee.
- Monitor the audit process, advise and assist the audit team.
- Attend a minimum of one Committee meeting every three months.
- Assist with safety and health training, and provide additional technical assistance.
- Assist in data collection and data review.
- Conduct verification inspections.
Clark Constriction – General Contractor:
- Develop the site-specific safety manual.
- Designate a Project Safety Manager (PSM) to oversee the project, and serve as chairperson of
the Committee,
- Schedule and conduct monthly safety audits, and monthly Committee meetings,
- Collect and summarize data for the Committee, including a job-site log of injuries and illness
equivalent to the OSHA 300, a list of tasks requiring a "competent person" (CP), and identity of
the competent persons designated by the prime or tier-subcontractors, weekly contractor and
monthly site audits, and near-miss reports.
Chicago and Cook County Building and Construction Trades Council:
- Appoint a member to the Committee,
- Participate in the monthly safety audits, and
- Attend monthly Committee meetings,
Chicago Regional Council of Carpenters:
- Appoint a member to the Committee,
- Participate in the monthly safety audits, and
- Attend monthly Committee meetings,
Aon:
- Appoint a member to the Committee.
- Participate in the monthly safety audits.
- Assist in safety and health training.
- Provide an "end-of-project" summary of the Contractor Controlled Insurance Program (CCIP).
Prime Contractors (From list)
- Appoint a member to the Committee.
- Participate in the monthly safety audits.
- Attend monthly Committee meetings.
A. SAFETY AUDITS
Audit Team
- The Audit Team will consist of the PSM and one representatives from each partner identified in
Section II.
- Each month available members of the Audit Team will conduct an audit of the worksite. Upon
invitation by the PSM; additional SRs and/or union stewards from contractors at the site may
participate in the monthly audit.
- Following the audit, the Team will meet to discuss the results of the audit, safety issues, and
near miss reports.
- The audits and meetings will be scheduled by the PSM, and will be completed in a reasonable
time frame. The PSM may invite representatives of additional contractors to attend the post-audit
meeting and discuss the audits and hazard abatement.
- SRs will ensure that their employees are informed of this information through weekly toolbox
discussions.
OSHA will not play an active role in the on-site audits, but commits to participate in a minimum of
one audit meeting every three months for the duration of the partnership. The PSM will forward
minutes from the monthly safety audits to OSHA for its review.
Prior to the monthly site audits, the pre-task audits for that day will be reviewed. Pre-task audits
and near miss reports will be used to target specific areas during monthly audits.
B. SAFETY MANAGEMENT
The SSSP shall require each prime contractor engaged in work activity to have a designated Safety
Representative (SR) on site. Additional qualifications and requirements for contractors to have full
time SRs will be determined by the PSM and the SSSP.
Prime contractors have responsibility for the safety of their tier-contractors. This provision does
not alleviate tier-subcontractors from their responsibility for the safety of their employees.
C. SITE-SPECIFIC SAFETY PROGRAM (SSSP)
Effective workplace safety and health programs are self-sustaining systems that encompass at least
four main criteria: A) management leadership and employee involvement; B) worksite analysis; C)
hazard prevention and control; and D) safety and health training. This partnership supports this
ideal as identified in the goal statements. The written SSSP shall include the following site
requirements:
- Daily safety inspection will be performed by the contractors Safety Representatives (SR).
- Completion of a Pre-Phase Safety Plan and Job Hazard Analysis for each phase of work, and
submitting these documents to the PSM.
- Contractors will ensure that employees are protected by the use of Ground Fault Circuit
Interrupters (GFCI) at all times.
- Appropriate protection shall be provided for all trench and excavation work.
- Scaffolding over ten feet in height will have guardrails. Prior to use, all scaffolding will be
checked daily by the contractor's competent person (CP).
- All machines shall be properly guarded against caught in/between hazards.
- When on site, all employees will be required to wear appropriate personal protective equipment
(PPE), such as hardhats and eye protection (with side shields) meeting ANSI standards.
- All cutting of individual bricks and concrete blocks, and, where feasible, all other cutting of
concrete will be done using "wet" methods to prevent silica exposure.
- All cranes on site will be identified as contractor-owned and operated, or leased through a rental
agreement that includes the operator or bare rental (does not include the operator).
- All cranes on site will have a current inspection certification.
- Whenever a crane is used at the site, a CP will be identified, and the PSM will confirm that this
person understands and accepts the duties of the CP. Formal channels of communication must be
established between the operator and CP. Clark Construction's Safety Program will address the crane
and operator requirements.
VIII. EMPLOYEE INVOLVEMENT AND EMPLOYEE RIGHTS
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.
Employees will be involved in the day-to-day implementation of work-site safety. Contractors will
participate in safety audits and briefings, and will ensure that their employees are kept apprised
of safety and health issues on the site. The SSSP will include a system for employees to report
hazards and near-misses.
IX. TERMINATION
This agreement shall be in effect until December 31, 2008, or upon completion of the project.
If any signatory of this agreement wishes to terminate their participation prior to the established
termination date, written notice of the intent to withdraw must be provided to all other
signatories.
If OSHA chooses to withdraw its participation in the partnership, the entire agreement is
terminated. Any party may also propose modification(s) or amendment(s) to the agreement.
Other signatories to this agreement may terminate their participation by providing written notice to
all other partners. However, such terminations shall not dissolve the Partnership. Only OSHA and the
GC may terminate the Partnership.
X. Signatures
Signed this day, XXXXXX
|
Gary J. Anderson
U.S. Department of Labor - OSHA |
|
Thomas L. Kavicky
Chicago Regional Council of Carpenters |
Signed this day, XXXXXX (Sub-Contractors)
|
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