I. Background
The St. Louis Area Office of the Occupational Safety and Health Administration, S.M. Wilson & Co.,
project subcontractors, and labor organizations recognize the need for a safe and healthy jobsite.
The goal of this partnership agreement is to help ensure that the new Bio-Medical Research Building
#1 will provide a safe work environment for all employees.
This Partnership is designed to not only address the hazards within the construction industry, but
also to promote and recognize those jobsites that have a demonstrated and effective safety and
health program.
This document will serve to establish a cooperative effort in ensuring safety and maintaining an
open line of communication between OSHA, S.M. Wilson & Co., and subcontractors on this project.
Specifications and assignments within this partnership document do not relieve the contractors from
or lessen their safety & health responsibilities nor change any contractual obligations between S.M.
Wilson & Co. and the project Owners or any of S.M. Wilson & Co. Subcontractor(s). Nor does it lessen
any/all affirmative defenses, legal rights or due process afforded contractors with respect to
Agency enforcement action.
II. Situational Analysis
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, reduction of accidents,
injuries and illnesses on the project.
This project will encompass the construction of the new Bio-Medical Research Building #1
III. Identification of Partnership Organizations
S.M. Wilson & Co.
Project subcontractors
OSHA – St. Louis Area Office
Pledge Support for the partnership
Barnes Jewish Hospital (BJH)
Washington University Medical School
St. Louis Building Trade Council
Carpenters District Council of Greater St. Louis
All subcontractors that work on this project are considered Partners, and all
contracts with subcontractors, that are not already executed and if executed S.M. Wilson & Co.
will attempt to incorporate this OSHA partnership into their respective agreements with a subcontractor
change order, will include a provision acknowledging the subcontractor’s obligations under this
partnership agreement.
IV. Program Implementation
- As a goal, maintain a lost time incidence rate below the BLS national average without fatalities.
The incidence rate for this Partnership is established as 3.4.
- Frequent jobsite inspections utilizing a system developed by the Partnership Members. This system
provides comprehensive coverage and documentation over a wide variety of site conditions.
- Ensure employees receive training as follows:
All employees will receive a site-specific safety orientation from S.M. Wilson & Co. covering
jobsite safety and health issues and procedures relative to the work being performed. All employees
will attend a safety review meeting with their respective Subcontractor before performing work on
the site. Each Subcontractor foreman and Project representative from the office will attend a
Pre-Activity meeting to review scope of work to identify potential hazards that could exist and
implement means and methods to eliminate these hazards prior to beginning work.
- All supervisory personnel engaged in construction activities or other personnel serving in the
capacity as a competent person shall have completed the OSHA 10 hour course for the construction
industry (or its equivalent) prior to commencement of work on-site. Site personnel designated as
safety representatives shall, as a minimum, have completed the OSHA 30 hour construction training
course (or its equivalent). 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.
- Implement a Fall Protection Plan to include fall protection in all cases where work is being
performed six feet or more above a lower surface.
- Require all subcontractors who have written safety and health programs to submit them to S.M.
Wilson & Co. before the start of any on-site work. Subcontractors that do not have their own written
safety and health programs have the option of adopting the safety and health program of S.M. Wilson
& Co. or develop one by utilizing services provided by other Partnership Members or secure the
services of an outside consulting firm. All subcontractors must have a comprehensive safety and
health program submitted to S.M. Wilson & Co. before beginning any work on site.
- The St. Louis Area OSHA Office may be contacted for clarification on health-related issues.
- Create a working relationship between OSHA and the other Partnership members.
- Apply for participation in OSHA’s Voluntary Protection Program when construction has been ongoing
for one year.
- In addition to the implementation of a broad-based safety and health program, the following
special focus areas will be maintained throughout the duration of this project: working on or around
Metrolink, FAA helicopter communication procedure, public protection/signage program, medical gas
tank area, post-incident investigation process, pre-activity meetings for each subcontractor
verifying recognition of hazards, safe work methods and utilization of training.
V. Measurements
- Comparison of anticipated injury costs based on Missouri Division Workers’ Compensation estimates
for this type of construction versus actual injury costs following completion of the project.
- The total Days Away, Restricted, and Transfer (DART) rate compared to the average for
construction nationally based on the BLS 2005 published rate of 3.4.
- Documented job site inspections and total number of hazards identified and corrected.
- 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.
- Evaluate the effectiveness of the Fall Protection Plan.
- Safety and Health Programs will be maintained on file by S.M. Wilson & Co. Reports to be made
quarterly concerning the general effectiveness of the safety and health programs and copied to the
St. Louis OSHA office for review.
VI. Partnership Member Involvement
Each subcontractor and their subcontractors will designate at least one representative to attend an
on-site safety review team meeting. The Safety Manager for S.M. Wilson & Co. 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:
- S.M. Wilson & Co.:
- Implement a comprehensive safety and health program, which includes:
- Management commitment and employee involvement
- Site Specific Safety Plan
- Hazard control
- Arrange for training assistance for subcontractors and their subcontractors on-site
- Require Subcontractor(s) to implement an appropriate Disciplinary Program.
- Refer subcontractors who have not developed their own safety and health program to a qualified
independent safety consultant.
- 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.
- Require subcontractors to attend Metro-link training. This includes three intervals of training
for working on or in the vicinity of the metro-link rail operations.
- Require the use of conventional fall protection (i.e. personal fall arrest/restraint systems,
safety net systems or guardrail systems) when performing work that is in excess of 6’ above a lower
level. This includes steel erection, pre-cast erection, roofing and scaffold operations, even when
it may exceed OSHA requirements.
- Where airborne silica exposure exists, S.M Wilson & Co. 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. Personal air monitoring will be conducted to assess employee exposure
levels when required. Where the potential for other health issues such as carbon monoxide, volatile
organic compounds, or large-scale use of chemicals in the building interior (such as floor
finishing) exists, the S.M. Wilson & Co. and the subcontractor will conduct air monitoring to assess
employee exposure levels.
- Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
- Back up alarms shall be present on all motorized equipment.
- No loads shall be lifted overhead without clearing the path to delivery.
- OSHA-required trench and excavating protection shall be enforced.
- Proper guardrails will be present on all scaffolding over six feet.
- All workers, management and visitors shall wear hardhats at all times when on site. (Exception
shall be inside the isolated on-site management offices.)
- Cranes: All outside or rented cranes with operators shall be trained in crane safety to work on
site.
- All workers are to wear High Visibility Yellow/ Green reflective vests or shirts.
- Provide a Project Superintendent/Labor Representative Liaison, who will serve as part of their
job description a responsibility for site safety, to be an additional point of contact and to assist
the Safety Manager in overseeing the partnership goals.
- Conduct and document job site inspections at least 2 times per week. These are 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.
- Conduct and retain summary documentation of weekly toolbox talks.
- Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
- Compile injury and illness data and provide to OSHA.
- Provide signage identifying the site as an OSHA Partnership Project as well as signage
indicating Lost Time.
- Maintain accident/injury data. Subcontractor EMR data will be made available to OSHA upon
request.
- In addition to OSHA’s notification requirements, S.M. Wilson & Co. 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.
- Compliance Assistant Personnel from the St. Louis Area Office may aid with off-site 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.
- Review Partnership company safety and health programs, along with subcontractors as necessary,
and provide technical assistance and recommendations for improvement.
- Provide national statistics covering all areas of standards enforcement for distribution to the
Partners.
- Subcontractors:
- Appoint an on-site person to act as a safety representative to resolve jobsite safety matters and
be the liaison to S.M. Wilson & Co. Safety Manager.
- Conduct and document job site safety inspections weekly for those employees under their control.
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 S.M. Wilson & Co. and
OSHA upon request.
- Participate with S.M. Wilson & Co. at the weekly on-site safety Inspections and if non-compliant
activity or hazards are discovered, the affected contractor shall promptly abate the conditions. The
subcontractor shall provide written documentation to S.M. Wilson & Co. within 24 hours that the
unsafe condition has been corrected.
- Will receive a copy of all the job site inspections of their respective areas.
VII. OSHA Inspections
- OSHA will continue to investigate fatalities and catastrophes that 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 complete one unannounced “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 as the monitoring
inspection if, in addition to addressing the complaint/referral item(s), the compliance officer
completes the focused inspection protocol for the worksite.
VIII. OSHA Incentives
- 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).
- Priority will be given to “phone and fax” investigations of all complaints in lieu of on-site
inspections.
- 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 exempted
from programmed OSHA inspections until the next annual inspection.
- Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is
immediately abated.
IX. Employee Rights
This partnership supports employee’s rights as guaranteed under the Occupational Safety and Health
(OSH) 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 S.M.
Wilson & Co. Senior Project Manager and Safety Manager, a Barnes Jewish Hospital representative, a
Washington University representative and a representative from labor 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 subcontractors will be invited to attend to offer further feedback. A
written evaluation will be completed annually and submitted to the Regional OSHA Office.
XI. Advantages
This Partnership requires frequent inspections of the worksite by S.M. Wilson & Co., subcontractors
and other members of the Partnership to identify and correct hazards. It also serves as a
model to 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 reduce injuries and illnesses at future work sites.
XII. Termination
This agreement shall be in effect until completion of the Site and Building construction activities,
but not to extend past December 2009.
Should either of the principal participants (OSHA or S.M. Wilson & Co.) 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. In the
event of a termination, neither party shall contact the media and discuss the issues surrounding the
termination. OSHA and S.M. Wilson & Co. are the only entities that can terminate this Partnership.
United States Department of Labor
Occupational Safety & Health
Administration
Based upon a mutual interest to protect construction workers in the
Bi-State area, the parties below agree to the above terms of S.M. Wilson & Co. / OSHA Partnering
Agreement for the Bio- Medical Research Building #1.
Signed this __ day of _______, 2007. |
Principal Participants: |
|
______________________________________
Bill McDonald, Area Director
Occupational Safety & Health Administration
St. Louis Area Office |
______________________________________
Tom Burns, Safety Director
S.M. Wilson & Co. |
The following Pledge both support and cooperation to the partnership: |
______________________________________
Gerald Feldhaus
St. Louis Building and Construction Trades Council |
______________________________________
Terry Nelson
Carpenters' District Council of Greater St. Louis and Vicinity |
|
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