I. Background
The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), Legacy Building
Group / Clayco (LBG/Clayco-JV) Joint Venture Partnership and their subcontractors, and labor
organizations recognize the need for a safe and healthful jobsite. The goal of this partnership
agreement is to help provide that the $60 million plus expansion project of the Casino Queen in East
St. Louis, IL will be a safe work environment for all employees.
The Casino Queen expansion project will consist of an additional clerestory long span joist
construction gaming facility, back room observation and accounting facility, food preparation and
service area, surface parking, roadway improvements, and ancillary facilities to support the new and
existing gaming facility and hotel. The project is expected to be complete in Summer of 2007.
Specifically, this Partnership focuses on the new construction activities of the project and will
not include activities involving accessing the existing Casino Queen facility.
This Partnership is designed to not only address the hazards within the construction industry, but
also to promote and recognize those jobsite activities controlled by contractors who have
demonstrated an effective safety and health program and who desire to further develop the quality of
their construction safety performance.
This document will serve to establish a cooperative effort in ensuring safety and maintaining an
open line of communication between OSHA, LBG/Clayco-JV and contractors and their subcontractors on
this project.
Specifications and assignments within this partnership document do not relieve the contractors from,
or lessen their safety and health responsibilities nor change any contractual obligations between
LBG/Clayco-JV, and/or Developer or any Contractor or Subcontractor entity. Nor does it lessen
any/all affirmative defenses, legal rights or due process afforded contractors with respect to
Agency enforcement action.
II. Situational Analysis
Federal OSHA has identified the top four causes of fatalities in construction as: falls, being
struck by equipment or machinery, electrocution, and caught-in-between equipment or materials. The
goal for this Partnership Agreement is to realize, upon completion of the project, a reduction of
accidents, injuries and illnesses on the project.
This project will encompass the construction of the new Casino Queen expansion activity that will
include facilities previously described in Section I.
III. Identification of Principal Partnership Organizations
1. LBG/Clayco-JV
2. Project contractors and their subcontractors
3. U.S. Department of Labor – Occupational Safety and Health Administration (OSHA)
Pledge Support for the Partnership
Casino Queen (Owner)
Greater St. Louis Carpenter’s District Council
Southern Illinois Builders Association
Associated General Contractors of St. Louis
Participating Local Trade Union Organizations
All contractors and their subcontractors that work on this project are considered Partners. The
contract(s), either by original inclusion or be change order, between LBG/Clayco-JV and contractors
and their subcontractors establish provisions for contractors’ and their subcontractors’
participation in this partnership.
IV. Program Implementation
As a goal, to minimize the probability of accidents and injuries through an on-going and aggressive
job-wide safety program that includes, but is not limited to, the following:
| GOALS |
STRATEGY |
MEASUREMENT |
- Achieve a Lost Workday Incidence Rate (LWDI) below the National Average as determined by the
Bureau of Labor Statistics. The LWDI for this project is established as 6.8.
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- Frequent jobsite inspections utilizing a system developed by the Partnership Members
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- Note: Number of cases versus number of Lost Workdays per incident will be maintained.
- Achieve a Lost Workday Incidence Rate (LWDI) below 6.8.
- Documented job site inspections and total number of hazards identified and corrected.
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- All employees will receive a site-specific safety orientation
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- Any critical contractor with 10 or more employees on site must have at least one supervisor
who has completed the OSHA 10 hour course for the construction industry (or its equivalent)
prior to commencement of work on-site or within six months of commencement of work on-site.
Records of training certification will be maintained and available for review by OSHA upon
request.
- Other hazard-specific training will be conducted on an as-needed basis by the respective
contractors/subcontractors.
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- Records of training certifications/training rosters will be maintained. Report the total
number of people trained. These may include, but not be limited to, OSHA 10 and 30 hour courses
as well as on-site training
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- Require all contractors and their subcontractors to have written safety and health programs
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- Contractors and their subcontractors that do not have their own written safety and health
programs have the option of adopting the safety and health program of LBG/Clayco-JV
- For those companies that wish to develop or improve their safety and health program, LBG/Clayco-JV
will provide assistance
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- Safety and Health Programs will be maintained on file
- Number of programs developed or improved
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V. Partnership Member Involvement
Each Contractor and their subcontractors with more than 10 workers on site will designate at least
one representative to attend an on-site safety review committee meeting. The Safety Manager for LBG/Clayco-JV
will oversee the committee and convene a general meeting quarterly to evaluate the progress of the
partnership. The committee will review the completed and summarized inspections of the site as part
of the quarterly meeting. Identified hazards and abatement, 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. Committee members will meet the criteria to participate as outlined below:
- LBG/Clayco-JV
- Implement a comprehensive safety and health program, which includes:
- Management commitment and employee involvement
- Worksite analysis
- Hazard control
- Provide information on available training assistance for Contractors and their subcontractors
- Require contractors and their subcontractor(s) to implement an appropriate disciplinary program.
- Refer Contractors and their subcontractors who have not developed their own safety and health
program to an appropriate independent safety consultant or support organization.
- Have the authority to enforce safety rules and regulations. This authority will include
provisions to hold contractors and employees accountable and, if necessary, take appropriate
sanctions to enforce compliance with the established Project safety rules and regulations.
- Employees working at this site and will be required to employ effective fall protection measures
any time they are exposed to a fall hazard at the 6’ level and above.
- Where health hazard exposures may exist LBG/Clayco-JV, will require appropriate testing and
evaluation to ensure effective employee protection. Personal air monitoring will be conducted to
assess employee exposure levels when required. Where the potential for other health issues such as
carbon monoxide, lead, or large-scale use of chemicals exists, the Contractor/subcontractor will
conduct air monitoring to assess employee exposure levels where necessary. Copies of these results
will be shared with OSHA.
- Ground Fault Circuit Interrupters (GFCI – 115-120 V, 15-20 Amp, single phase circuits) will be
used throughout the project.
- Proper guardrails or additional fall protection measures will be employed on all scaffolding six
feet and over.
- Provide a Project Manager/Engineer, who will have, as part of their job description, a
responsibility for site safety, to serve as a point of contact and to assist the Safety Manager in
overseeing the partnership goals.
- Conduct and document a job site inspection weekly. This is in addition to the general,
non-documented inspections that should occur daily.
- Review quarterly accident reports with the Safety Committee including first aid and near miss
reports.
- Retain summary documentation of subcontractors’ weekly toolbox talks.
- Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
- Make available to OSHA, upon request, the Lost Workday Incidence Rate (LWDI).
- Provide signage identifying the site as an OSHA Partnership Project.
- In addition to OSHA’s notification requirements, LBG/Clayco-JV will notify the local OSHA office
of safety or health related events, which are likely to generate public attention and/or news media
coverage. This notification will be provided in a timely manner and will include sufficient
background and incident information for responding to agency and public inquiries.
- OSHA:
- OSHA may participate in the quarterly Safety Committee meetings but will not participate in the
weekly walk-around inspections.
- OSHA may assist with safety and health training.
- Give priority to the Site when technical assistance is needed.
- Audit the quarterly reports and make recommendations for improvement in meeting the Partnership Goals.
- Assign an agency person to monitor and oversee the Partnership.
- In the event an OSHA inspector observes through direct observation (Plain View Doctrine) a
situation he/she deems to be imminent danger, he/she shall first contact the Agency then proceed
directly to the Project making immediate contact with the Construction Manager. During such
investigation, Sections VII and VIII shall remain in full force and effect.
- Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is
immediately abated.
- Contractors/Subcontractors:
- Conduct and document job site safety inspections weekly for those employees under their control
and those of their lower tier subcontractors. This is in addition to the general, non-documented
inspections that should occur daily.
- Conduct and document jobsite safety meetings and make them available to LBG/Clayco-JV and OSHA
upon request.
- Participate, as needed, with LBG/Clayco-JV at the weekly on-site safety inspection of associated
work activities and if non-compliant activity or hazards are discovered, the affected contractor
shall promptly abate the conditions. The subcontractor shall provide written documentation to LBG/Clayco-JV
within 24 hours that the unsafe condition has been corrected.
- Shall participate in the project-wide Safety Committee on a rotating basis.
- Will receive a copy of all the job site inspections of their respective areas conducted by LBG/Clayco-JV.
VII. OSHA Benefits
- In the event that a company performing work at the site is cited by OSHA, a maximum of 25%
penalty reductions for good faith will be provided, in accordance with CPL 2.103 - Field Inspection
Reference Manual (FIRM).
- Upon successful completion of an OSHA "monitoring" inspection (meaning no high gravity serious,
willful or repeat hazards are cited), as outlined in section VIII (3.), the site will be removed
from OSHA’s University of Tennessee Construction Inspection List for one calendar year.
VIII. OSHA Inspections
- OSHA will continue to investigate a fatality or catastrophe should it occur at the jobsite as
well as alleged “imminent” danger situations.
- OSHA will continue to investigate all complaints received in accordance with OSHA Instruction CPL
2.115, Complaint Policies and Procedures. Referrals will be inspected according to procedures
contained in the FIRM.
- OSHA will normally complete one focused “monitoring” inspection each year during the term of the
partnership. These inspections will follow the “Focused Inspection” protocol addressing hazards
related to falls, struck by, caught-in, and electrical hazards. Inspections conducted in response to
complaints, Local and/or National Emphasis Programs, or referrals will qualify at the monitoring
inspection if, in addition to addressing the complaint/referral item(s), the compliance officer
completes the focused inspection protocol for the worksite.
IX. Employee Rights
This partnership does not preclude employees and/or employers from exercising any right provided
under the OSHA Act (or, for federal employees, 29 CFR, 1960), nor does it abrogate any
responsibility to comply with the Act.
X. Program Evaluation/Executive Committee
The Partnership will be evaluated at three-month intervals and will include data used to monitor the
success of the partnership efforts. On a three-month basis the Executive Committee comprised of LBG/Clayco-JV
project executive and Safety Manager, an Owner’s representative, and a representative from OSHA
shall meet and discuss the program and make any modifications as required to continually improve the
partnership. From time to time contractors and their subcontractors may be invited to attend to
offer further feedback.
XI. Advantages
This Partnership requires frequent inspections of the worksite by LBG/Clayco-JV, Contractors and
their subcontractors and other members of the Partnership to identify and correct known hazards. It
also serves as a model to Contractors and their subcontractors and others by demonstrating how to
implement a strong safety and health program on a large multi-employer job site. It also encourages
a higher level of participation in the safety process by involving everyone on the job site. The
knowledge gained from this Partnership will be applied to lessen the probability of injuries and
illnesses at future work sites.
XII. Termination
This agreement shall be in effect until completion of the site and construction activities, as
defined by the Owner’s substantial completion.
Should either of the principal participants (OSHA or LBG/Clayco-JV) elect to withdraw from the
Partnership, notification in writing shall be given to the other Party. A thirty (30) day notice is
required prior to termination and gives the parties an opportunity to resolve any issues to avoid
termination. Withdrawal by either Party shall constitute a cancellation of the Partnership.
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