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Printing Instructions |
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.
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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:
- Reduction and/or elimination of injuries,
illnesses and fatalities at the Methodist North Project.
- Development of a model site-specific safety and
health program.
- Creation and dissemination of new safety
materials to the subcontractors.
- Mentoring and training of subcontractors and
their employees
- Increased communication and respect between
stakeholders
- Development of a business/labor/government
partnership approach to safety and health management; and
- OSHA resources directed toward the areas of the
construction industry that require the assistance.
B. GOALS
Participants of this Partnership will strive to:
- Reduce and/or eliminate serious injuries and
illnesses and provide a safe and healthful work environment for
employees at the Methodist North Project.
- Increase the number of and use of safety and
health programs and best practices among contractors; and
- 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:
- Maintain a total lost time injury and
illness rate of 25% (4.4) below the national industry average of 5.9.
- 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.
- 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.
- 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.
- 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)
- 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.
- Ensure that employees receive training as
follows:
- 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.
- At least one onsite supervisory
person from each subcontractor will be required to attend the
one-hour safety seminar.
- Other hazard specific training
will be conducted on an as-needed basis.
- 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.
- 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.
- Ensure that all machines/equipment are
adequately guarded.
- OSHA may provide benefits to
participating companies that voluntarily improve their safety and
health performance. See the Benefits section below.
D. Measurement Systems
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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).
- 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:
- Implement a site-specific safety
and health program.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Conduct and document weekly toolbox
talks with its employees.
- 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.
- Allow OSHA access to the jobsite
during inspection activities, such as monitoring and
unprogrammed activities (accidents, fatalities and employee
complaints).
- Request that two inspections be
performed by the Illinois Onsite Safety & Health Consultation
Program.
- Continually audit the Partnership
and make recommendations for improvement.
B. OSHA will:
- Participate, when available, in
the quarterly Partnership Committee meetings, but will not
participate in the walk-around inspection.
- 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.
- Give priority to the Illinois
Onsite Safety & Health Consultation Program when technical
assistance is needed.
- Audit monthly inspection
reports/documents and make recommendations for improvements
in meeting Partnership goals.
- Conduct inspections in accordance
with Section VI of this Partnership.
C. Illinois Onsite Safety & Health
Consultation Program will:
- 1. Upon request, work with
subcontractors to establish effective safety and health
programs.
- 2. Participate, when available,
in the quarterly Partnership Committee meetings and
walk-around inspections.
- 3. Conduct two comprehensive
inspections of the jobsite.
- 4. Assist P.J. Hoerr, if
requested, with conducting air sampling as outlined in
Section III. C. of this agreement.
- 5. Audit the Partnership and
make recommendations for improvement.
D. Subcontractors will:
- 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.
- 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.
- Share and make available to
all workers in the project job trailer results of
jobsite inspections.
- 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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