I. Background
The first phase of this multi-phase project is a $207 million 370,000 square-foot new hospital (180
beds), and a 90,000 square-foot Medical Office Building which is being built for the Health Alliance
(the Project). The Project is being built off of Cox Road on the University Pointe Campus in West
Chester, Ohio. Phase one is set for completion by late 2008.
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. They have
developed a "Partnership Agreement" Plan that is an element of the OSHA WORKS 2000 program. On
construction sites, the construction company, 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, ownership and OSHA. This allows OSHA’s
compliance officers to pursue other companies and jobsites that are truly in need of direction in
regards to improving safety and making their jobsite a safer place to work.
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 have a
demonstrated and effective safety and health program. This Partnership Agreement will be implemented
on the new Health Alliance Hospital –West Chester Campus, West Chester, Ohio.
This document will serve to establish a cooperative effort in ensuring safety and maintaining an
open line of communication between OSHA, Mortenson Messer HealthCare Construction (Mortenson
Messer), and the contractors on the Project.
Specifications and assignments within this partnership document do not relieve or lessen
contractors’ safety and health responsibilities, nor change any contractual obligations between the
owner and/or any trade contractor (s). Nor does it lesson 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 skills, knowledge, and resources of Mortenson Messer HealthCare
Construction, OSHA, and the OSHA On-site Consultation Program, this partnership expects to reduce
exposure to hazards and incidence of serious injuries and fatalities at the Health Alliance Hospital
–West Chester Campus 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 (4) causes of fatalities in construction as falls, being 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. The
goal for the partnership is to attempt to significantly reduce and/or eliminate any accidents on
this project based on the national SIC (now known as NAICS) averages for a construction company.
III. Partners
- Mortenson Messer HealthCare Construction (Mortenson Messer)
- OSHA – Cincinnati Area Office
- OSHA On-site 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 Health Alliance Hospital –West Chester Campus Project.
- Increase the number of and 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.
V. Strategies
The following are strategies in achieving the goals of the partnership:
- Maintain lost time injuries and illnesses at a rate below the national average.
- Conduct jobsite inspections (minimum of two (2) documented per week), utilizing the dbo2
SafetyNet system. This system provides a comprehensive safety observation process and documented
safety trends over a wide perspective of site conditions.
- Ensure individuals on site receive training/communication as follows:
- All employees will receive a site-specific safety orientation from the construction manager
covering jobsite safety and health issues, and procedures relative to the work being performed. This
will take place prior to performing work on site.
- All individuals will attend a daily safety planning meeting (huddle meeting) with their
respective contractor before performing work each day. Each contractor will document this meeting
and maintain this information for periodic inspection by any of the partnership members.
- All supervisory personnel engaged in construction activities or other personnel identified as
competent persons shall have completed the OSHA 30-Hour course for the construction industry (or its
equivalent) prior to commencement of work onsite. Records of training certifications will be
maintained and available for review upon request.
- Other hazard-specific training will take place on an as-needed basis by the respective
contractors.
- Although the following safety and health rules are not required by OSHA, the partners agree to
require the following level of protection:
- Provide fall protection at the 6 foot level.
- 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.
- 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 Mortenson Messer before the start of any on-site work.
Contractors without written safety and health programs have the option of adopting the safety and
health program of the construction manager, Mortenson Messer, or developing such by utilizing the
services of a third party or OSHA partnership participant.
- Mentor and train contractors and their employees when applicable to the partnership.
- When safety and/or health related issues beyond the scope of the construction manager arise
during the course of work, the Cincinnati Area OSHA office will be a reference for clarification and
guidance.
- Ensure that all serious safety and health issues, near misses, and accidents/incidents that occur
during the course of the Project will be addressed at the monthly partnership meetings.
- Create a working relationship between OSHA and the other partnership participants.
- 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 positioning devices.
VI. Performance Measures
- Collect the following injury and illness data and compare the incidence rates to the national
average:
- TCIR – Total Case Incidence Rate;
- DART – Days Away, Restricted & Transferred Incidence Rate.
- Collect information on the number of contractors associated with the Project who:
- Have their own safety and health programs;
- Improve their safety and health programs as a result of the partnership.
- Collect information on the number of employees trained:
- 10 and 30 -Hour OSHA training;
- Hazard-specific training.
- Collect information on the number of hazards identified/abated through:
- Site safety audits
- Monthly safety committee reviews.
VII. Partnership and Member Involvement
- Mortenson Messer
- On a monthly basis, each contractor’s competent person will attend an on-site safety review
committee meeting focused on the development of the OSHA Partnership agreement. The safety
representative for the Mortenson Messer group will facilitate these meetings. The committee will
review the completed and summarized inspections of the site as part of the process. Hazards
identified and corrective measures as well as trends will be discussed. OSHA may provide a
representative to share current issues in construction risk control and provide input for
improvement.
- Mortenson Messer will facilitate site compliance with the "Health Alliance – West Chester,
Contractor Safety, Health & Environmental" program, which is included in the compliance documents
and bid requirements.
- Mortenson Messer has the authority to enforce safety rules and regulations. This authority will
include provisions to hold contractors and employees accountable and, if necessary, remove
contractor employees from the jobsite.
- Mortenson Messer will require the use of wet cutting techniques and/or dust collection systems in
addition to the appropriate use of approved respiratory protection where warranted. When
appropriate, personal air monitoring will be conducted to assess employee exposure levels. Where the
potential for other health issues arise, Mortenson Messer will aid in facilitating air monitoring to
assess employee exposure levels. Results will be summarized and shared with OSHA at the end of the
Project.
- Mortenson Messer will require all contractors to implement a Drug-Free Workplace Program. If a
contractor does not have such a program, they must implement the Mortenson Messer program or the
Level 1 Ohio Bureau of Workers’ Compensation Drug-Free Workplace program.
- Mortenson/Messer Healthcare Construction will ensure ground fault circuit interrupters (GFCI)
will be used throughout the Project.
- The Mortenson Messer safety representative will be responsible for overseeing site safety, and
will serve as the point of contact for questions concerning the elements of the partnership.
- Mortenson Messer will 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 on-site audits, jobsite inspections, and OSHA inspection activities.
- Mortenson Messer will provide a project superintendent/ labor representative who will have as
part of their job description a responsibility for site safety, who will serve as a point of
contact, and who will assist the safety representative in overseeing the partnership goals. This
individual will review the jobsite from a safety perspective on a daily basis.
- Mortenson Messer will conduct and document jobsite safety inspections at least two (2) times per
week. These are in addition to the general, undocumented inspections that should occur daily.
- Mortenson Messer will ensure compliance with 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.
- Mortenson Messer will ensure that weekly toolbox talks are conducted. Contractors will retain
records of this weekly communication.
- Mortenson Messer will request that the OSHA On-site Consultation Program perform at least two
(2) safety audits during the course of the Project.
- Mortenson Messer will provide signage identifying the site as an OSHA Partnership Project, as
well as signage communicating lost time activity.
- Mortenson Messer will 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, Mortenson Messer will notify the local OSHA 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.
- OSHA
- OSHA will participate, when available, in the monthly partnership committee meetings. However
they may not participate in the site safety inspections.
- 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 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.
- OSHA will give priority to the OSHA On-site Consultation Program when technical assistance is
needed.
- OSHA will audit monthly inspection reports/documents and make recommendations for improvement in
meeting partnership goals.
- OSHA will give priority to this construction Project when technical assistance is needed.
- Priority will be given to "phone and fax" investigations of all complaints in lieu of onsite
inspections when the complainant agrees to this process.
- Contractors/Suppliers
- Contractors will identify their competent persons who will attend the monthly safety partnership
meetings, resolve jobsite safety matters, and be a liaison to the Mortenson Messer jobsite
superintendent and safety representative.
- Contractors will 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 is required. Documentation of abatement must be kept on file
and presented to Mortenson Messer upon request.
- All jobsite safety inspections reviewed during the monthly meetings will be shared with all
employees including lower tier subcontractors.
- At the discretion of Mortenson Messer, the contractors’ competent persons may be required 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 Mortenson Messer within 24 hours of identification of the issue.
- Request services 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).
- OSHA On-site Consultation
- Participate in at least two (2) safety and health inspections during the course of construction.
- May be used as a reference for program improvement.
- May assist in the auditing portion of the partnership and make recommendations for improvements.
VIII. Benefits
- A maximum of 25% penalty reduction will be given for good faith. Steps taken to achieve a higher
level of employee protection may qualify for an additional 10% for going above and beyond good
faith.
- The site will be exempt from the programmed inspection list upon 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 complete at least one (1) focused monitoring inspection during the term of the
partnership. The "Focused Inspection" protocol addressing hazards related to falls, struck by,
crushed by, 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.
- Mortenson 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 abrogate any responsibility to comply with rules and regulations
adopted pursuant to the Act.
All contractors who work on the Health Alliance Hospital – West Chester Campus Project, whether they
are a signatory partner or not, are considered participants in this partnership by virtue of the
contractual agreement with Mortenson Messer. All contractor companies through the contract enacted
by Mortenson Messer 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 at the end of 12 months and at the end of the Project through the use
of 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 Mortenson 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 On-site Consultation Program.
It will be the responsibility of OSHA to conduct, write and submit the end evaluation.
XII. Termination
This agreement shall be in effect until completion of construction activities. 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 Mortenson Messer HealthCare Construction/OSHA partnership agreement is November XX,
2006.
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