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STRATEGIC PARTNERSHIP BETWEEN
the OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION,
OHIO BWC ON-SITE CONSULTATION PROGRAM
and
TURNER CONSTRUCTION COMPANY
AT
NATIONWIDE CHILDREN'S REPLACEMENT HOSPITAL
COLUMBUS, OHIO |
I. BACKGROUND/IDENTIFICATION OF PARTNERS
- Background
To facilitate OSHA's goal of reducing occupational-related fatalities and serious injuries within
the construction industry, OSHA, Nationwide Children's Replacement Hospital and Turner Construction
Company (Turner) 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
Nationwide Children's Replacement Hospital construction project. It will serve to establish a
cooperative effort promoting 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.
- Partners
- Columbus, Ohio OSHA
- Turner Construction Company
- State of Ohio Bureau of Workers Compensation (BWC) On-Site Consultation Services
- Nationwide Children's Replacement Hospital
II. PURPOSE/SCOPE
This partnering agreement was developed jointly by Turner Construction Company, 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 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 Ohio BWC
On-site Consultation Programs, the exposure to hazards and the incidence of serious injuries and
fatalities at the Nationwide Children's Replacement Hospital construction project is expected to be
reduced. 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 2005 data from the Bureau of Labor Statistics, construction had a fatality rate of 11.0
per 100,000 employees compared with manufacturing rate of 2.4. Construction has 20% of all the
fatalities but employs only 6.5% of the workforce. The hazards associated with the construction
industry are well documented. OSHA has identified the top four causes of fatalities: Falls,
Struck-By, Electrocution, and Caught -in-Between / Trenching. 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 Turner and the subcontractors and
allowing self-compliance through regular inspections and enforcement. The goal for the partnership
is to provide a safe and healthful worksite and reduce employee exposure to serious safety and
health hazards to minimize to the greatest extent possible the risk of serious injuries and
illnesses to employees. The ultimate goal will be zero serious injuries and illnesses during the
course of the project; but, at a minimum, achieve a total lost workday injury and illness incident
rate per 100 employees for the project well 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:
- Outcomes
Anticipated outcomes of this Partnership include:
- A reduced employee exposure to serious safety and health hazards to minimize to the greatest
extent possible the risk of serious injuries and illnesses to employees at the Nationwide Children's
Replacement Hospital Construction Project, resulting in a total lost workday injury and illness
incident rate per 100 employees well below the national average of 3.4 for the project;
- Development of a model safety and health program;
- Creation and dissemination of new safety and health materials to all 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.
- Goals
Participants of this Partnership will strive to:
- Provide a safe and healthful work environment and reduce employee exposure to serious safety and
health hazards to minimize to the greatest extent possible the risk of serious injuries and
illnesses for employees at the Nationwide Children's Replacement Hospital Construction Project.
- Increase the number of employees, employers and supervisors who have completed relevant safety
training.
- Maintain lost time injuries and illnesses at a rate of 25% at or below the National Construction
industry average.
- Strive for no injuries on the job and ensure all serious hazards are controlled through safe
processes or procedures, including pre-planning and the use of the Jobsite Task Assignment (JTA)
program.
- Strategies
Strategies to achieve one or all of the above goals:
- Implement a comprehensive job site inspection program.
- Provide assistance to all contractors in the development and implementation of site-specific
safety and health programs. The assistance will be in the form of training programs, Partnership
members review of contractors' written programs and mentoring.
- Each contractor will complete a JTA daily prior to employee exposures, identifying potential
hazards to employee safety and health.
- Strive to ensure that contractors/subcontractors comply with the Respiratory Protection Program
described in the OSHA Standards for the Construction Industry; 1910.134(c)1.
- Hazards found during the project will be effectively corrected on a day-to-day basis, by the
responsible contractor/subcontractor.
- Implement an aggressive Fall Protection Plan to include 100% fall protection in all cases where
work is being performed six feet or more above lower surfaces. (Note that OSHA does not require this
safety rule, but the Partners have agreed to this provision to provide additional protection to
workers).
- Require that employees receive training as follows:
- 100% of Turner's on-site supervisory personnel and 100% of the subcontractor's safety designees,
who by definition are competent persons, will complete the 30-hour OSHA construction course (or its
equivalent). Turner and their 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.
- Safety and health training to Hispanic workers and other groups that do not speak English
fluently will be conducted in the appropriate language to verify understanding by their respective
employer should the need arise.
- Other hazard-specific training will be conducted on an as-needed basis.
- Weekly safety meetings with contractor's site safety representatives, facilitated by Turner's
site safety manager.
- 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. Each subcontractor has primary responsibility for providing this
training. OSHA and the Ohio BWC On-Site Consultation will provide assistance as needed.
- All companies are to have their own written safety and health programs and are to also adopt the
project specific Safety and Health program.
- Strive to ensure health-related issues arising during the course of the construction work are
adequately addressed by Turner and/or the Ohio BWC On-Site Consultation Service using the following:
- An effective hearing conservation program, including noise monitoring and the implementation of
engineering controls where possible, will be implemented by the contractors/subcontractor.
- An environmental monitoring program which will be implemented in an attempt to control airborne
hazards and will include personal monitoring, implementation of engineering controls where possible,
and the use of respiratory protection (see C: Strategies).
- Discussion of all known health-related issues and any monitoring results during the monthly
partnership / safety meetings.
- Strive to ensure compliance with NFPA 70E when working on live electrical equipment, including
training and the availability and use of personal protective equipment. A permitting process will be
implemented to oversee the implementation of appropriate protective measures prior to exposure.
- Strive to ensure all equipment capable of amputations is adequately guarded.
- Provide opportunity to acquire benefits from OSHA for participating companies that voluntarily
improve their safety and health performance. See Benefits section, below.
- Increase the quality of safety and health programs and best practices implemented among
Contractors/subcontractors (OSHA)
- Measurement Systems
- OSHA's recordable injuries and illnesses measurement system will be used to determine the total
lost workday injury and illness rate for the site compared to the average for the construction
industry in Ohio and nationally.
- Activity measurements shall 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 measurements will include the number of safety and health programs instituted. The
programs will be maintained on site and evaluated by BWC and/or the OSHA Compliance Assistance
Specialist.
- Outcome measurements will be gathered on a monthly basis and data including 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 activities will be analyzed and
shared.
- Daily documented job site inspections will be performed to identify both the total number of
hazards and corrected items by Turner and their subcontractors. The job site inspections will be
used in an attempt to determine the subsequent progress and improvements with the safety and health
programs.
- The number of Near Miss Incidents will be tracked by Turner.
- The number of employees trained in NFPA 70E, and records showing the number of employees trained.
- Measurements will be compiled on a monthly and cumulative basis.
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.
Turner will gather the required participant data to evaluate and track the overall results and
success of the partnership program. This data will be shared with OSHA.
OSHA will conduct, write and submit the annual evaluation for review and approval by the
Partnership.
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 Ohio BWC On-Site 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.
Turner 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
- Turner Construction Company:
- Turner will implement the Building L.I.F.E. Program (Living Injury Free Everyday) 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.
- Turner will mentor subcontractors who have not yet developed their own safety and health program
and, if necessary, refer them to Ohio On-Site Consultation for assistance.
- Turner will monitor the subcontractor's use of wet cutting techniques and/or dust collection
systems in addition to the mandatory use of approved respiratory protection where the potential for
airborne silica exposure exists. To the extent feasible, personal air monitoring will be conducted
to assess employee exposures levels. Where the potential for other health issues such as carbon
monoxide, lead, or large-scale use of chemicals in the building interior (such as floor finishings)
exists, Turner will strive to ensure the compliance of air monitoring to assess employee exposure
levels. Sampling results will be shared with all affected employees, as well as OSHA and Ohio BWC
On-Site Consultation.
- Turner, will have the authority to enforce safety rules and regulations. This authority will
include provisions to hold subcontractors and employees accountable and, if necessary, remove
workers from the job site.
- Turner will require 100% fall protection for all fall hazards over six (6) feet.
- Warning lines may be used 15 feet from the leading edge as long as 100% restraint system will be
used to keep workers safe while working outside the 15 foot warning line (from reaching the edge and
falling to a lower level). Roofers may install an additional warning line at 6 feet from the leading
edge for their work No monitor system will be allowed.
- Bricklayers performing overhand bricklaying and related work six feet or higher above lower
levels must be protected according to OSHA Regulation 1926.451(g)(1)(vi).
- Workers on the face of formwork or reinforcing steel must be protected from falling six feet or
more by personal fall arrest systems, with the use of a positioning device.
- To the extent feasible, serious ergonomic hazards will be identified and corrected. The Ohio BWC
On-Site Consultation Service may be used as a resource.
- 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, including generators and permanent power.
- The Safety Director for Turner will assist in overseeing site safety and serve as a point of
contact to oversee the partnership goals.
- The Site Safety Manager and/or Safety Coordinator will strive to ensure that daily safety audits
are conducted. 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 posted on site for easy access.
- Turner's subcontractors will conduct and document job site safety meetings/toolbox talks on a
weekly basis.
- Turner will submit monthly accident reports to the partners, including first aid, injury,
property damage and near miss reports.
- Turner's designated Site Safety coordinator 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.
Turner will document the corrective action taken and share this information during the monthly
update meetings.
- Turner and its subcontractors will allow OSHA access to the site during inspection activities
(monitoring and unprogrammed activities such as fatalities and employee complaints).
- Turner will audit the partnership and make recommendations for improvement.
- Turner will conduct 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.
- Turner may request the services from Ohio On-Site Consultation if a safety and health program
has not been developed or submitted for the project.
- When health-related issues arise during the course of the work, which are beyond the scope of
the partnership, referrals will be made through Turner to the Ohio On-Site Consultation Service.
- Turner will require the use of appropriate personal protective equipment. Hardhats and eye
protection will be worn at all times on the worksite. Employees working at night shall wear
high-visibility reflective clothing.
- OSHA:
- OSHA will participate as available in the monthly Partnership Committee meetings but will not
participate in the walkaround 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 Columbus Area
Office will review contractor safety and health programs, review other pertinent documentation such
as steel erection, and assist with safety and health training.
- OSHA will give priority to the Nationwide Children's Replacement Hospital project when technical
assistance is needed.
- OSHA will audit the monthly reports/documents and make recommendations for improvements in
meeting Partnership Goals.
- OSHA will conduct inspections in accordance with section VI of this partnership.
- Ohio BWC On-Site Consultation Program:
- Ohio BWC On-Site Consultation Program will assist with OSHA 10 and 30- hour training for the
Nationwide Children's Replacement Hospital Project to the extent possible – depending on staffing
limitations and workload at the time.
- Ohio BWC On-Site Consultation Program will work with contractors to establish effective safety
and health programs.
- Ohio BWC On-Site Consultation Program will provide assistance to the extent possible – depending
on staffing limitations and workload at the time for the attainment of the training goals outlined
in paragraph III.
- Ohio BWC On-Site Consultation Program will participate in the monthly Partnership Committee
meetings.
- Ohio BWC On-Site Consultation Program will participate on the monthly comprehensive inspections
coordinated by Turner's Site Safety coordinator [as referenced in Paragraph VII(A)(12)] to the
extent possible – depending on staffing limitations and workload at the time.
- Ohio BWC On-Site Consultation Program will address health issues through Turner when a health
hazard is observed that cannot be adequately addressed by the subcontractors.
- Ohio BWC On-Site Consultation Program will audit the partnership and make recommendations for
improvement.
- Subcontractors:
- Subcontractors will appoint an on-site Partnership Committee member to act as the person
responsible to resolve job site safety matters and be the liaison to Turner's Site Safety Manager.
- Subcontractors will conduct daily job site safety inspections. If non-compliant activity or
hazards are discovered, immediate notification for correction is required. Documentation of
abatement methods and verification must be submitted to Turner's Site Safety Manager.
- Subcontractors will participate in the monthly 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 Turner's Site Safety Manager 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.
- Subcontractors will request services from Ohio BWC On-Site Consultation if a safety and health
program has not been developed or submitted for the project.
- Turner will track and document jobsite tool box talks on a weekly basis.
- Nationwide Children's Replacement Hospital
- Support the Project Team during construction of the Nationwide Children's Replacement Hospital.
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 Turner /OSHA Partnership Agreement is May 12, 2008.
Deborah J. Zubaty, Area Director
Columbus Area Office |
Richard T. Lombardi, Project Executive
Turner Construction Company |
Edward E. Jackson
Safety Director
Turner Construction Company |
Wes Hohl, Director
Ohio BWC On-Site Consultation |
Nationwide Children's Hospital acknowledges and applauds the commitment to safety that is evidenced
by the above partnership of OSHA, Turner and the Ohio Bureau of Worker's Compensation. NCH fully
supports the efforts of the Partners and is fully committed to an environment of workplace safety.
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