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Occupational Safety and Health Administration P.J. HOERR
Illinois Onsite Safety and Health Consultation Program
Strategic Partnership between the Peoria Area Office of the Occupational Safety and Health Administration (OSHA), Illinois Onsite Safety and Health Consultation Program, and P.J. Hoerr, Inc.
 
I. BACKGROUND/IDENTIFICATION OF PARTNERS

A. Background

To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries within the construction industry, P.J. Hoerr, OSHA, and the Illinois Onsite Safety & Health Consultation Program 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 effective safety and health programs. The Partnership agreement is an effective tool for ensuring safety at the Methodist North Project. It will serve to establish a cooperative effort in ensuring safety, and of maintaining an open line of communication between OSHA and contractors at 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 encourages participation in the safety process from the construction community.

B. Partners
  • Peoria Area OSHA Office
  • Illinois Onsite Safety and Health Consultation Program
  • P.J. Hoerr, Inc.
II. PURPOSE/SCOPE

This Partnership agreement was developed jointly by P.J. Hoerr, OSHA, and the Illinois Onsite Safety & Health Consultation Program. The common objective and goal of the agreement are to provide a safe and healthful 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 P.J. Hoerr, OSHA, and the Illinois Onsite Safety & Health Consultation Program, this Partnership expects to reduce exposure to hazards and incidence of serious injuries and fatalities at the Illinois Methodist North construction Project. Increased communication between the stakeholders and mutual respect are additional benefits expected to be realized from this cooperative and voluntary Partnership.

According to 2006 data from the Bureau of Labor Statistics (BLS), the construction industry sector, at the national level, recorded 1,226 fatal work injuries, the most of any industry sector, an increase of three percent of the number reported in 2005. The hazards associated within the construction industry are well documented. OSHA identified the top four causes of fatalities as falls, struck-by equipment or materials, electrocutions, and caught-in-between equipment or materials. On average, OSHA devotes 40-50% of its compliance resources to enforcement activities in the construction industry. The objective of this Partnership agreement is to relieve OSHA from the day-to-day burden of enforcing established safety standards at this project by teaming up with P.J. Hoerr, Inc., and to allow self-compliance through regular inspections and enforcement. The goal of the Partnership is to reduce and/or eliminate accidents on the project, and achieve a total lost workday and illness incident rate below the national average of 5.9.

III. GOALS, STRATAGIES, 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:
  1. Reduction and/or elimination of injuries, illnesses and fatalities at the Methodist North Project.
     
  2. Development of a model site-specific safety and health program.
     
  3. Creation and dissemination of new safety materials to the subcontractors.
     
  4. Mentoring and training of subcontractors and their employees
     
  5. Increased communication and respect between stakeholders
     
  6. Development of a business/labor/government partnership approach to safety and health management; and
     
  7. OSHA resources directed toward the areas of the construction industry that require the assistance.
B. GOALS

Participants of this Partnership will strive to:
  1. Reduce and/or eliminate serious injuries and illnesses and provide a safe and healthful work environment for employees at the Methodist North Project.
     
  2. Increase the number of and use of safety and health programs and best practices among contractors; and
     
  3. Increase the number of employees and supervisors who have completed relevant safety training.
C. STRATEGIES

Strategies to achieve one or all of the above goals:
  1. Maintain a total lost time injury and illness rate of 25% (4.4) below the national industry average of 5.9.
     
  2. Create, distribute, and enforce the use of a site-specific safety orientation program. All employees will receive a site-specific safety orientation handout covering jobsite safety and health issues, procedures relative to the work being performed at the project, and the requirements of this Partnership agreement.
     
  3. Conduct initial monitoring for toxins, carcinogens, or hazardous substances which present an inhalation hazards such as, but not limited to, silica, lead, cadmium, or isocyanates.
     
  4. Strive for no injuries on the job, and ensure that all serious hazards are addressed and controlled by safe processes and practices on a day-to-day basis.
     
  5. P.J. Hoerr will require and enforce a 6 foot fall protection rule for all activities at the Methodist North Project. This includes activities that OSHA requires fall protection over 6 feet such as the use of scaffolding, steel erection, etc.

    (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)
     
  6. P.J. Hoerr will hold monthly jobsite safety/toolbox meeting where near-misses, accidents, or other safety or health issues will be discussed. This meeting will be mandatory for all subcontractors to attend.
     
  7. Ensure that employees receive training as follows:
     
    1. All of P.J. Hoerr’s onsite supervisory personnel will attend a one-hour safety seminar put on by the P.J. Hoerr Safety Coordinator and OSHA.
       
    2. At least one onsite supervisory person from each subcontractor will be required to attend the one-hour safety seminar.
       
    3. Other hazard specific training will be conducted on an as-needed basis.
       
  8. Require subcontractors who have written safety and health programs to submit them to the P.J. Hoerr Safety Coordinator. Companies that do not have their own written safety and health programs have the option of either adopting the safety and health program of P.J. Hoerr or developing their own one by utilizing services provided by other Partnership members.
     
  9. Ensure that all serious safety and health issues, near misses, and accidents/incidence that occur during the course of the project will be addressed at a monthly Partnership meeting.
     
  10. Ensure that all machines/equipment are adequately guarded.
     
  11. OSHA may provide benefits to participating companies that voluntarily improve their safety and health performance. See the Benefits section below.
D. Measurement Systems
  1. The measurement system will use OSHA recordable injury and illness records to determine the total workday injury and illness rate for the project when compared to the average for the construction industry.
     
  2. Activity measures shall include the applicable number of employers, supervisors, and employees trained. P.J. Hoerr will maintain the records for the one-hour safety seminar.
     
  3. Intermediate measures will include the number of safety and health programs instituted. These programs will be evaluated by and maintained onsite by P.J. Hoerr.
     
  4. Outcome measures will be gathered on a monthly basis by the Hoerr Safety Coordinator (HSC) 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, jobsite inspections, and OSHA inspection activity.
     
  5. Jobsite inspections and the total number of hazards identified and corrected by P.J. Hoerr and subcontractors will be documented. The jobsite inspections will indicate the number of hazards observed, and subsequent progress and improvements with safety and health programs.
     
  6. Measurement factors will be compiled by P.J. Hoerr.
IV. ANNUAL EVALUATION

The program will be evaluated at the end of 12 months and at the end 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 the HSC 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 Illinois Onsite Safety & Health Consultation Program.

It will be the responsibility of OSHA to conduct, write and submit the end evaluation.

V. BENEFITS

Participant benefits from OSHA may include:
  1. 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% reduction provided in the FIRM where the employer, in implementing an OSP, has taken the 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.2.1.5[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% or more, the minimum penalty provisions in the FIRM will apply (see FIRM, Chapter IV, C.2.b).
     
  2. Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by OSHA and the Illinois Onsite Safety & Health Consultation Program as resources allow.
VI. OSHA INSPECTIONS AND VERIFICATION

OSHA will conduct two unannounced enforcement verification inspections during the two-year project. These inspections will be conducted through normal enforcement inspection activities. Inspections conducted in response to Complaints, Local Emphasis, or referrals will qualify as the verification inspection if, in addition to addressing the complaint/referral item(s), the Compliance Officer completes the focused inspection protocol for the worksite.

P.J. Hoerr and its subcontractors’ will remain subject to OSHA inspections and investigations in accordance with Agency procedures. OSHA will continue to investigate formal complaints, 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.

All contractors who work at the Methodist North Project, whether they are a signatory partner or not, are considered participants in this Partnership by virtue of the contractual agreement with P.J. Hoerr. All contractor companies through the contract enacted by P.J. Hoerr 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 illness at future work sites.

VIII. PARTNERSHIP MANAGEMENT AND OPERATION

A. P.J. Hoerr, Inc. will:
  1. Implement a site-specific safety and health program.
     
  2. Mentor subcontractors who have not yet developed their own safety and health program and, if necessary, refer them to the Illinois Onsite Safety & Health Consultation Program for assistance.
     
  3. Require the use of wet cutting techniques and/or dust collection systems in addition to the mandatory use of approved respirators where the potential for airborne silica exposure exists. Personal air monitoring will be conducted to assess employee exposure levels. Where the potential for other health issues arise, P.J. Hoerr will coordinate with its insurance carrier or the Illinois Onsite Safety & Health Consultation Program to conduct air monitoring to assess employee exposure levels. Results will be summarized and shared with OSHA at least quarterly.
     
  4. Have the authority to enforce safety rules and regulations. The authority will include provisions to hold contractors and employees accountable and, if necessary, remove contractor employees from the jobsite.
     
  5. Administer a drug test to all its new employees that work at the project. P.J. Hoerr will also drug test its employees who are involved in a work-related accident.
     
  6. Use Ground Fault Circuit Interrupters (GFCI) to protect all employees using temporary electrical power at the jobsite. All contractors will ensure that employees are protected by a GFCI at all times.
     
  7. Through its Safety Coordinator be responsible for overseeing site safety and will serve as the point of contact for questions concerning the achievement of the Partnership goals.
     
  8. Through its Safety Coordinator conduct and document a weekly inspection of the jobsite. These inspection records will be maintained and used for annual and end-of project Partnership evaluations.
     
  9. Through its Superintendent conduct a safety walk-around of the jobsite on a daily basis. Serious hazards discovered will be documented and followed up by the Safety Director during his weekly inspection to ensure hazard abatement.
     
  10. Conduct and document weekly toolbox talks with its employees.
     
  11. Host and coordinate quarterly Partnership meetings between the Partners and subcontractors currently working at the project. Near-miss accidents and hazards discovered during safety and health inspections will be discussed at the meeting. Meeting minutes will be kept for use when the Partnership is evaluated at the completion of the project.
     
  12. Allow OSHA access to the jobsite during inspection activities, such as monitoring and unprogrammed activities (accidents, fatalities and employee complaints).
     
  13. Request that two inspections be performed by the Illinois Onsite Safety & Health Consultation Program.
     
  14. Continually audit the Partnership and make recommendations for improvement.

B. OSHA will:

  1. Participate, when available, in the quarterly Partnership Committee meetings, but will not participate in the walk-around inspection.
     
  2. Designate an experienced safety and health specialist to serve as a resource and liaison for Partnership participants. The Compliance Assistance Specialist (CAS) from the Peoria Area Office will review contractor safety and health programs, review other pertinent documentation, and will assist with training as needed.
     
  3. Give priority to the Illinois Onsite Safety & Health Consultation Program when technical assistance is needed.
     
  4. Audit monthly inspection reports/documents and make recommendations for improvements in meeting Partnership goals.
     
  5. Conduct inspections in accordance with Section VI of this Partnership.

C. Illinois Onsite Safety & Health Consultation Program will:

  1. 1. Upon request, work with subcontractors to establish effective safety and health programs.
  2. 2. Participate, when available, in the quarterly Partnership Committee meetings and walk-around inspections.
  3. 3. Conduct two comprehensive inspections of the jobsite.
  4. 4. Assist P.J. Hoerr, if requested, with conducting air sampling as outlined in Section III. C. of this agreement.
  5. 5. Audit the Partnership and make recommendations for improvement.

D. Subcontractors will:

  1. Appoint a representative to attend the monthly Partnership meetings, resolve jobsite safety matters, and be a liaison to P.J. Hoerr’s jobsite Superintendent and Safety Coordinator.
     
  2. Conduct and document weekly jobsite safety and health inspections for those employees under their control. This will be in addition to the general, non-documented inspections that are to occur daily. If non-complaint activities or hazards are discovered, immediate correction will be required. Documentation of abatement verification must be submitted to P.J. Hoerr’s Safety Coordinator.
     
  3. Share and make available to all workers in the project job trailer results of jobsite inspections.
     
  4. Request services from the Illinois Onsite Safety & Health Consultation Program if a safety and health program has not been developed or submitted for the project.
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 must provide for 30 days 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 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 the members involved.

X. SIGNATURES

The date of this P.J. Hoerr/OSHA/ Illinois Onsite Safety & Health Consultation Program Partnership Agreement is September 18, 2008.
 



______________________________
Nick Walters, Area Director
Peoria Area OSHA Office



________________________________ 
Mica Torricelli, Acting Director
Illinois Onsite Consultation Service




_______________________________
Steve Williams, Safety Coordinator
P.J. Hoerr, Inc.




________________________________ 
Robert Hoerr, Chief Executive Officer
P.J. Hoerr, Inc.
 
 
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Page last updated: 10/02/2008