I. Background
The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA),
Messer Construction Co., subcontractors, and labor organizations recognize the
need for a safe and healthful jobsite. The goal of this Partnership agreement
is to help ensure that the construction of the Xavier University Hoff Academic
Quad Phase 1 project will occur in a safe work environment for all employees.
This project consists of several components that will ultimately complete the
$89 million Xavier University Hoff Academic Quad Phase 1. The project is
located at the Xavier University Campus at the corner of Dana and Ledgewood
Avenues in Evanston, (Cincinnati) Ohio. Phase 1 is scheduled for completion by
the fall of 2010. The general project scope includes:
- Site demolition and mass excavation
- Tunneling under Dana Avenue and site infrastructure utility work
- Proposed 30,000 square ft. Central Utility Plant construction
- Proposed 80,000 square ft. Williams College of Business construction
- Proposed 91,000 square ft. Learning Commons construction
- Renovation of 56,000 square ft. Alter Hall (classrooms)
- Renovation of 63,000 square ft. McDonald Memorial Library
- Renovation of 5,200 square ft. Father Schott Hall (administration)
- Hardscaping, landscaping, and site restoration
- LEED certification goals
All government agencies are being asked to do more with less. With this in
mind, OSHA has continued to explore new and innovative ways to carry out the
mission of Safety in the workplace. The Partners have developed a "Partnership
Agreement" Plan that is an element of the OSHA WORKS 2000 program. On
construction sites, the Construction Company’s owner, and OSHA team up to
achieve a safe workplace. The mission is to effectively implement all facets
of jobsite safety and achieve self-compliance through cooperative efforts from
labor, management, owners and OSHA. This cooperation allows OSHA to focus its
limited resources at jobsites that are truly in need of directions in regards
to improving jobsite safety and health.
This Partnership is designed to not only address the hazards within the
construction industry, but also to promote and recognize those jobsites
managed by a construction manager that has a demonstrated and effective safety
and health program. This Partnership Agreement will be implemented on the
Xavier University Hoff Academic Quad Phase 1 project.
This document will serve to establish a cooperative effort in ensuring safety,
and to maintain an open line of communication between OSHA, Messer
Construction Co., Xavier University, and other contractors on the project.
Specifications and assignments within this Partnership document do not relieve
the contractors from or lessen their safety and health responsibilities, nor
do they change any contractual obligations between the owner and any trade
contractor (s). In addition, specifications and assignments within this
Partnership do not lessen any/all affirmative defenses, legal rights or due
process afforded contractors with respect to Agency enforcement action.
II. Purpose/Scope
The common objective and goal of the Partnership is to provide a safe and
healthy 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
Messer Construction Co. (Messer), OSHA, and the OSHA Onsite Consultation
Program, this Partnership expects to reduce exposure to hazards and incidence
of serious injuries and fatalities at the Xavier University Hoff Academic Quad
Phase 1 project. Increased communication between the stakeholders and mutual
respect are additional benefits expected from this cooperative and voluntary
Partnership.
OSHA has identified the top four causes of fatalities in construction as
falls, struck-by- equipment or machinery, electrocution, and caught-in-between
equipment. On average, OSHA has traditionally devoted 40 to 50% of its
compliance resources for enforcement activities in the construction industry.
The goal for 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 the other partnership members and allow self-compliance through regular
inspections and enforcement.
III. Partners
- Messer Construction Co. (Messer)
- Xavier University
- OSHA – Cincinnati Area Office
- OSHA Onsite Consultation Program
- Contractors subject to site management
IV. Goals
Participants in the Partnership will strive to:
- Reduce and/or eliminate serious injuries and illnesses, and
provide a safe and healthy work environment for employees associated with
the Xavier University Hoff Academic Quad Phase 1 project.
- Increase the number of and the use of safety and health
programs and best practices among contractors.
- Increase the number of employees and supervisors who have
completed
relevant safety training through programs such as orientation,
re-orientation,
and monthly safety training that may result in OSHA 10-Hour certification.
- Achieve a total lost workday injury and illness incident rate
of 25% below the 2006 Bureau of Labor Statistics’ (BLS) industry average for
construction (5.9).
V. Strategies
The following are the strategies that will be used in achieving the goals
of the Partnership:
- The Safety4Site Program
- Goals of the Program
- The Safety4Site Program has been designed and implemented by Messer
Construction Company to eliminate unplanned occurrences and accidents on
the projects.
- The Safety4Site Program provides every participant at any Messer
worksite with a role of safety responsibility, and holds everyone
accountable.
- The long term goal of the program is to have a lasting impact on the
construction industry in terms of workplace safety.
- Key Elements of the Safety4Site Program
- Eye Protection
- Everyone on the jobsite wears eye protection 100% of the time.
- Huddle Meetings
- Every work crew meets before starting each shift to discuss their
daily work plan, the hazards involved in the work, and the steps they
will take to eliminate those hazards.
- Accountability for Accidents, Incidents, and Near-Misses
- There are certain non-negotiable behaviors that are not tolerated
in the workplace. These non-negotiable behaviors fall into the four
causes of most of the fatalities and serious accidents in the
construction industry identified by OSHA (falls, struck by,
caught-in-between, and electrical accidents). The non-negotiable
behavior associated with the Safety4Site Program is attached as a
reference.
- Accountability for Non-Negotiable Behaviors (violations of safety
rules)
- For first offense by an individual:
- Individual is removed from site for one day;
- Employer is notified of disciplinary action; and
- Upon return to the workplace, the individual is given a handout
regarding the policy which he must read, sign, and discuss at the next
daily huddle meeting.
- Second offense by an individual:
- Individual is not permitted to work on any Messer jobsites for one
year;
- Prior to return, the individual must submit proof of suitable
safety retraining;
- Messer employees are not eligible for re-hire for 30 days and must
complete an OSHA 10-Hour training program.
- Second offense by the same contractor/employee on this project:
- The contractor must provide a dedicated competent safety person to
the project, until significant improvement in safety performance is
demonstrated by the contractor.
- Third offense by a contractor/employee all at same site or each on
different sites:
- Meetings at the Messer executive level about expectations and the
possibility of termination of all contracts for cause with that
contractor or lower tier-subcontractor violators.
- Separate accountability measures are in place for unsafe behavior
that is not considered non-negotiable.
- Separate accountability measures are in place for unsafe behavior
that is not considered non-negotiable.
- Conduct jobsite inspections utilizing the dbo2 SafetyNet
system. This system provides a comprehensive safety observation process and
documents safety trends over a wide perspective of site conditions.
- Ensure individuals onsite receive
training/communication as follows:
- All employees will receive a site-specific safety orientation provided
by Messer covering jobsite safety and health issues, and procedures
relative to the work being performed. The Orientation will also review the
Messer Safety4Site Program and the Non-Negotiable behavior pertaining to
such. This will take place prior to performing work on site.
- All individuals will attend a Daily Huddle meeting with their
respective contractor before performing work each day. Meetings will be
audited by Messer periodically to ensure effectiveness.
- All primary Contractors shall ensure that all foremen and/or field
supervision have completed the OSHA 30-Hour Program within two years of
beginning work on this project.
- Hazard-specific training will take place on an as-needed basis by the
respective contractors.
- 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 in this Partnership are committed to
providing a greater level of protection to the employees.
- Warning lines may be used six (6), ten (10), or fifteen (15) feet from
the edge, as long as 100% restraint will be used to keep workers safe
while working outside the warning line.
- Bricklayers performing overhand bricklaying and related work six (6)
feet or higher above lower levels must be protected as described above, or
a minimum of three (3) courses or 24-inch of block must be maintained
between the individuals and the elevated edge, and secured at all times.
- Workers on the face of formwork or reinforcing steel must be protected
from falling six (6) feet or more by personal fall arrest systems, along
with the use of position devices.
- No safety monitor systems (SMS) or controlled access zones (CAZ) will
be permitted.
- All contractors and subcontractors shall have an effective
safety program in place, and shall submit written safety and health programs
to Messer before the start of any onsite work. Contractors without written
safety and health programs have the option of either adopting the safety and
health program of Messer or developing their own by utilizing the services
of a qualified third party.
- Contractors and their employees will be mentored and trained by
Messer when applicable to the partnership.
- The Cincinnati Area OSHA Office will be a reference for
clarification and guidance when safety and/or health-related issues beyond
the scope of Messer arise during the course of work.
- OSHA and the other program participants will create a good
working relationship.
VI. Performance Measures
- To ensure that the tools are available to measure results, the
Messer Site
Safety Representative will collect the Total Case Incidence Rate (TCIR) and
the Days Away, Restrictions, and Transfers Rate (DART) data (as a baseline)
and compare the rates to the 2006 Bureau of Labor Statistics’ (BLS) national
averages for construction.
- In addition, Messer will collect information on the following:
- The number of contractors associated with the project who:
- Have effective safety and health programs;
- Improve their safety and health programs as a result of the
partnership.
- The number of employees receiving the OSHA 10 and 30-Hour
training and other hazard-specific training.
- The number of hazards identified/abated through site safety
audits and monthly safety committee reviews.
VII. Partnership and Member Involvement
- Messer Construction Co. will:
- Facilitate through its Site Safety Representative (SSR) on a monthly
basis an onsite Safety Review Committee (SRC) meeting attended by each
contractor’s competent person focused on the development of the OSHA
Partnership agreement. The SRC will review the completed and summarized
inspections of the site as part of the process. Hazards identified and
corrected, as well as trends, will be discussed.
- Facilitate site compliance with the Xavier University Hoff Academic
Quad Phase 1 Safety Program, which is included in compliance documents and
bid requirements.
- Have the authority to enforce safety rules and regulations without
relieving contractors of their safety and health responsibilities. This
authority will include Safety4Site provisions for non-negotiable behavior,
in addition to provisions to hold contractors and employees accountable
for all other unsafe behavior. Accountability may include removal of the
individual from the jobsite.
- Require the use of wet cutting techniques and/or dust collection
systems, in addition to the use of approved respiratory protection when
warranted. Personal air monitoring will be conducted to assess employee
exposure levels. Where the potential for other health issues arise, Messer
will aid in facilitating air monitoring to assess employee exposure
levels. Results will be summarized and shared with OSHA when known.
- Ensure that ground fault circuit interrupters (GFCI) will be used
throughout the project.
- Maintain measurement systems monthly that 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, jobsite inspections, and OSHA inspection activities.
- Strive to ensure compliance with National Fire Protection Association
(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 that weekly toolbox talks are conducted. Contractors will
retain records of this weekly communication.
- Allow OSHA access to the jobsite during un-programmed inspection
activities such as fatalities and formal employee complaints. In addition
to OSHA’s notification requirements, Messer will notify the local OSHA
Area Office of safety or health-related events that are likely to generate
public attention and/or news media coverage. This notification will
provide the Agency with timely and bona fide information for responding to
Agency and public inquiries.
- Be responsible (through its SSR) for overseeing site safety, and will
serve as the point of contact for questions concerning the elements of the
Partnership.
- Request that the OSHA Consultation Program performs at least one audit
every 12 months during the duration of the project.
- Provide signage identifying the site as an OSHA Partnership Project.
- Require all contractors to implement a Drug-Free Workplace Program. If
a contractor does not have its own program, it must implement the Messer
program or the Level 1 Ohio Bureau of Workers Compensation’s Drug Free
Workplace Program.
- Provide a Project Superintendent/Labor Representative (with site
safety responsibilities) to serve as a point of contact, and to assist the
Site Safety Representative in overseeing the Partnership goals. This
individual will review the jobsite from a safety perspective on a daily
basis.
- Conduct and document jobsite safety inspections at least twice weekly.
These inspections are in addition to the general undocumented inspections
which should occur daily.
- OSHA will:
- Participate, as resources permit, in the monthly partnership committee
meetings. However, OSHA will not participate in the site safety
inspections.
- Designate an experienced safety and health specialist to serve as a
resource and liaison for Partnership participants. The Compliance
Assistance Specialist (CAS) from the Cincinnati Area OSHA Office will be
involved with the review of contractor safety and health programs, as well
as other pertinent documentation, and will assist with training as needed.
- Give priority to the OSHA Onsite Consultation Program when technical
assistance is needed.
- Audit monthly inspection reports/documents, and make recommendations
for improvement in meeting Partnership goals.
- Give priority to this construction project when technical assistance
is needed.
- Contractors/Suppliers will:
- Identify their competent persons who will attend the monthly safety
partnership meetings, resolve jobsite safety matters, and be a liaison to
the Messer jobsite Superintendent and the SSR.
- Conduct and document weekly jobsite safety and health inspections for
those employees and work activities under their control. This will be in
addition to the general, undocumented inspections that occur daily. If
non-compliant activities or hazards are discovered, immediate response
and/or correction will be required. Documentation of abatement must be
kept on file and presented to Messer upon request.
- Share with all employees, including lower tier subcontractors, all
jobsite safety inspections reviewed during the monthly meetings.
- Be required (at the discretion of Messer) through its (contractor)
competent person to participate in weekly site safety inspections. If
non-compliant activities or hazards are discovered, the affected
contractor shall provide verification of abatement/correction and/or
employee retraining to Messer within 24 hours of identification of the
issue.
- Request services (mandatory) from an independent safety consultant if
a safety and health program has not been developed or submitted for the
project. (No work shall begin until this requirement is fulfilled).
- Fully comply with the Safety4Site Program.
- OSHA Onsite Consultation will:
- Participate in at least one safety and health inspection every 12
months during the duration of the construction project.
- Be used (optional) as a reference for program improvement.
- Assist (optional) in the auditing portion of the Partnership and make
recommendations for improvements.
VIII. Benefits
- A maximum penalty reduction (25%) as allowed for in the OSHA
Field Inspection Reference Manual (FIRM) for good faith and history will be
given. When calculating the initial penalty reduction, OSHA may provide an
additional 10% reduction for good faith beyond the 25% reductions also
provided for in the FIRM where the employer, in implementing the OSP, has
taken specific significant steps beyond those provided for 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 will be given to “phone and fax” investigations of
non-formal complaints in lieu of onsite inspections, except that Messer
Construction and its subcontractors will remain subject to OSHA inspections
and investigations (including formal complaints) in accordance with Agency
procedures.
- The site will be exempt from the programmed inspection list
upon the successful completion of an OSHA monitoring inspection.
- Any apparent non-serious violation observed during an
enforcement visit shall not be cited if it is immediately abated.
- The project will be given priority consideration for compliance
assistance and offsite technical assistance.
IX. OSHA Inspections and Verification
- OSHA will conduct one (1) focused monitoring inspection
annually during the duration of the Partnership. The “Focused Inspection”
protocol addressing hazards related to falls, struck-by, caught-in-between,
and electrical hazards will be followed. Inspections conducted in response
to complaints, local emphasis programs, or referrals will qualify as the
verifying inspection if, in addition to addressing the complaint/referral
item(s), the compliance officer completes the focused inspection protocol
for the worksite.
- Messer and contractors will remain subject to OSHA inspections
and investigations in accordance with Agency procedures. OSHA will continue
to investigate fatalities and catastrophes that occur at the jobsite.
X. Employee 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 on the Xavier University Hoff Academic Quad Phase 1
project, whether they are a signatory partner or not, are considered
participants in this Partnership by virtue of the contractual agreement with
Messer Construction Co. All contractor companies through the contract enacted
by Messer Construction Co. 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 illnesses at future work sites.
XI. Annual Evaluation
The Program will be evaluated annually during the duration of 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 Messer 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 OSHA Onsite Consultation Program.
It will be the responsibility of OSHA to conduct, write and submit the annual
evaluation.
XII. Termination
This agreement shall be in effect until completion of the project. Should any
“signatory” stakeholder choose to withdraw prior to the project completion, a
written notice shall be given stating the reason(s) and must provide a 30-day
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 this 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.
XIII. Signatures
The date of this Messer Construction Co./OSHA Partnership agreement is
July_____, 2008.
________________________________________________________________
Occupational Safety & Health Administration Date
________________________________________________________________
Messer Construction Company Date
________________________________________________________________
Xavier University Date
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Xavier University Hoff Academic Quad Phase 1