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PARTNERSHIP
COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
PROVIDENCE AREA OFFICE
AND
CONSIGLI CONSTRUCTION COMPANY, INC. |
I. PURPOSE AND SCOPE
Consigli Construction Company, Inc. and the United States Department of Labor, Occupational Safety
and Health Administration (OSHA), Providence Area Office (PAO) mutually recognize the importance of
ensuring a safe and healthful work environment in the construction industry in the State of Rhode
Island. To advance this mutual goal, the partnership between Consigli Construction Company, Inc. and
the Providence Area Office has been established to formalize a cooperative effort between these
entities, committed to encouraging companies to improve their safety and health performance
voluntarily, providing methods to assist them in their efforts, and recognizing companies with
exemplary safety and health programs.
This partnering agreement, which has been developed for Consigli Construction Company, Inc. for the
Combat Training Pool (the Project), located at Naval Station Newport and Officer Training Command
Newport, will be limited to the Consigli Construction Company, Inc. and subcontractors at the site.
Consigli Construction Company, Inc. will request subcontractors to join the partnership at the time
they start working on the site. The partnership will provide benefits to Consigli Construction
Company, Inc. and subcontractors, which include, among others, special recognition from OSHA and
priority in compliance assistance programs.
The Project consists of a naval combat pool facility that is being built to accommodate the
necessary training and support functions for naval aquatic survival and officer accession training.
The facility will include a 25 yard 8 lane pool with a 3 meter diving platform to be used for basic
swim qualifications and man overboard training; male and female locker and shower rooms; observation
office; first aid; laundry and storage rooms. The 11,280 square foot training facility will provide
a current and secure training and support location to maximize effective naval combat and survival
training. The primary function of the facility is combat training. The 4.8 million dollar project is
scheduled for completion in October 2008.
II. PARTNERS
The following are identified as partners:
- U.S. Department of Labor-OSHA, PAO.
- Consigli Construction Company, Inc
- Subcontractors working at the site.
III. GOALS / STRATEGIES / MEASURES
| GOALS |
STRATEGIES |
MEASURES |
1) Reduce workforce fatalities, serious injuries, and
illnesses and provide a safe work environment for employees at the Project.
2) Reduce by 5% annually the number of injuries, illnesses, and fatalities affecting participating
employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by,
caught-in/between, electrocution and trenching.
3) Decrease worker compensation costs and the number of OSHA citations for this project within the
Providence Area Office jurisdiction.
|
a) Consigli Construction Company, Inc. will establish
a system to collect and analyze injury and illness trends (including near-miss incidents) by all
contractors performing work at the site. This data will be used as a tool for continual safety and
health program improvement. |
i. OSHA's 300 injury and illness data.
ii. Number of site inspections performed at the site by Consigli Construction Company, Inc. or any
third party.
iii. Number of hazards identified and corrected.
iv. Comparison of workers compensation costs before and after the completion of of the Project. |
4) Allow OSHA to focus resources on companies that
require attention from OSHA, rather than on companies that have demonstrated existence of
effective safety programs.
5) Make OSHA safety and health resources available to Consigli Construction Company, Inc., and its
specialty or trade contractors on site, as resources allow. |
a) Consigli Construction Company, Inc. will develop and implement a
comprehensive safety and health program that adheres to, or exceeds, both the OSHA Safety and
Health Program Management Guidelines. The comprehensive written safety and health program will, at
a minimum:
- Include employee involvement.
- Include effective employee training for avoidance of hazards specific to the company's work
site.
- Provide construction site supervisors and foremen (including supervisors and foremen of
specialty or trade contractors) and all employees with the OSHA's 10-hour Construction Safety
Course to be able to recognize work hazards and have the authority to take prompt action.
b) Require all specialty or trade contractors onsite to work toward implementing a “zero
tolerance” safety practice in order to help achieve the desired reduction of worksite incidents.
c) Designate a competent person at the worksite.
|
i. Number and type of training conducted.
ii. Number of employees trained. |
6) Result in improved safety and health programs, a
higher level of employee safety and health training, and as a secondary benefit, improved job site
safety and health program commitments by other specialty or trade contractors working with/for the
OSHA Strategic Partnership Program (OSPP) participants.
7) Foster open and continuing communication between the partners. |
a) Consigli Construction Company, Inc. will conduct
and document weekly safety training at the worksite.
b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends
and establishing an industry baseline.
c) Compile a summary of the number of inspections made by Consigli Construction Company, Inc.
Safety Director (or their designee) and any third party. The report will be broken down into the
four major categories of construction-focused hazards (falls, struck-by, caught-in/between and
electrical) and will show the number of items within the four (4) categories that were corrected.
d) Have designated personnel conduct documented safety inspections. These personnel will have the
authority to take prompt corrective action.
e) Set a positive example for desired safety behavior and establish goals and accountability for
safety excellence.
|
See Above |
8) Share knowledge of the best practices.
9) Offer support by the partners for contractors and compliance officers' training. Consigli
Construction Company, Inc. will establish a training goal for each year of participation in the
partnership. |
a) Consigli Construction Company, Inc. will conduct
and document weekly safety training at the worksite.
b) Compile injury and illness data on a quarterly basis to assist with tracking industry trends
and establishing an industry baseline. |
i. Number and type of training conducted for
supervisors
ii. Percentage of employees trained by OSHA. |
IV. EVALUATION
An annual evaluation of this partnership will be conducted within thirty (30) days of the signing of
the agreement. The Appendix C of the Directive CSP [03-02-002], "OSHA Strategic Partnership Program
for Worker Safety and Health," will be used to provide pertinent information needed to assess the
partnership.
It will be the responsibility of Consigli Construction Company, Inc., to gather required participant
data to evaluate and track overall results and success of the partnership.
V. BENEFITS
In good standing, Consigli Construction Company, Inc. will receive the following benefits from OSHA:
- Special recognition, which may include but is not limited to, press releases issued by
OSHA and recognition on OSHA's web page designating the Consigli Construction Company, Inc., as a
participant in the OSHA Strategic Partnership Program (OSPP).
- Availability of informational materials such as safety and health publications and electronic
tools.
- Following the necessary onsite enforcement inspection(s) conducted to meet OSPP verification
requirements, it will not be necessary to conduct a programmed inspection at the Project for the
next twelve (12) months.
- Priority status to Consigli Construction Company, Inc. and subcontractors for compliance
assistance and outreach activities, including the OSHA 10- Hour Construction Course, as resources
allow.
- If cited, Consigli Construction Company, Inc. and subcontractors that join in the partnership
may be provided an additional 10% reduction for good faith beyond the reductions provided in the
Field Inspection Reference Manual (FIRM) where Consigli Construction Company, Inc. in implementing
this OSPP, has taken specific steps beyond those provided in the FIRM, to implement the Act. This
additional reduction will not apply to high gravity serious, willful, failure to abate or repeat
citations.
Although certain benefits described above may modify OSHA enforcement
procedures, OSHA personnel will continue to investigate workplace complaints, referrals, fatalities,
catastrophes, and other significant accidents or events at the Project, per standard Agency
procedures.
VI. VERIFICATION PROCEDURES
- To determine contractor compliance with the terms of the agreement, an on-site comprehensive
enforcement verification inspection will be conducted within thirty (30) days from the signing of
the partnership agreement. Citations and penalties may be issued, when appropriate, as a result of
this inspection. Enforcement verification inspections are performed in accordance with the
applicable sections of the OSHA FIRM, and other enforcement guidance documents.
- If additional inspections are necessary they will be conducted in accordance with the FIRM and
other applicable enforcement documents. A focused inspection, concentrating on the project safety
and health program/plan, and the four leading hazards in construction: falls, electrical hazards,
caught in/between hazards, and struck by hazards may be performed where upon initial inspection of
the site the CSHO determines that the contractor meets the requirement of the Focused Inspection
Initiative.
- The Area Director will determine the number of inspections necessary based upon the following
guidelines:
- the number of inspections needed to cover all the types of work performed by the employer,
- the quality of the safety and health management system evidenced during the initial
verification,
- the number and nature of citations and penalties issued to the employer in the three years
prior to the partnership application
- the phases of construction and the nature of the hazards associated with such work
- the geographic scope of the partnership
- other factors which OSHA determines may affect its ability to fully and accurately assess the
effectiveness of the participant's safety and health management system.
VII. MANAGEMENT AND OPERATION OF PARTNERSHIP PROGRAM
A Partnership Management Team (PMT) with members from Consigli Construction Company, Inc. and OSHA
will oversee and coordinate this partnership. The team will determine partnership procedures, which
will include measures to be used and data to be collected, hold conference calls, and meet at least
annually to evaluate the effectiveness of the agreement.
Once the baseline is established, during the annual evaluation it will be determined whether the
annual goal of a 5% reduction in the number of injuries, illnesses, and fatalities has been met.
Consigli Construction Company, Inc. and PAO are responsible for collecting baseline and annual
performance data upon which the OSPP will be measured. Consigli Construction Company, Inc. aggregate
injury and illness incidence rates (total case rates) and fatality rates will be compared with the
most current BLS published data to determine whether goals have been met.
VIII. EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES
This partnership does not preclude employees and/or employers from exercising any right provided
under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility
to comply with rules and regulations adopted pursuant to the Act.
Consigli Construction Company, Inc, retains all rights guaranteed under the Occupational Safety and
Health Act (OSH Act), including the right to appeal or contest citations issued by OSHA.
IX. TERM
This agreement will terminate one (1) year from the day of signing. If either OSHA or Consigli
Construction Company, Inc. wishes to withdraw their participation prior to the established
termination date, the agreement will terminate upon receiving a written notice of the intent to
withdraw from either signatory.
XI. SIGNATORIES
Signed this 7th day of March, 2008.
Marthe B. Kent
Regional Administrator
Occupational Safety & Health Administration |
Anthony Consigli
President
Consigli Construction Company, Inc. |
Patrick Griffin
Providence Area Office
Occupational Safety & Health Administration |
Matthew Consigli
Vice President
Consigli Construction Company, Inc. |
James Rodger
Safety Director
Consigli Construction Company, Inc. |
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