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OSHA Strategic Partnerships Program > Region II > #582 Partnership Agreement

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COMPREHENSIVE SAFETY AND HEALTH PARTNERING AGREEMENT
BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
TARRYTOWN AREA OFFICE,
THE NEW YORK STATE DEPARTMENT OF LABOR
DIVISION OF SAFETY AND HEALTH
ON-SITE CONSULTATION PROGRAM,
THE BUILDING AND CONSTRUCTION TRADES COUNCIL,
THE CONSTRUCTION INDUSTRY COUNCIL OF
WESTCHESTER AND HUDSON VALLEY, INC.
and
SLATTERY SKANSKA , ECCO III,
EDWARDS and CASEY, and PARSONS BRINKERHOFF, JV.
at the
HARMON SHOP REPLACEMENT PHASE III PROJECT
PARTNERSHIP - An OSHA Cooperative Program

Table of Contents

Section 1.0 Background
Section 2.0 Definitions
Section 3.0 Project History
Section 4.0 Partnership Goals and Objectives
Section 5.0 Performance Criteria
Section 6.0 Measurement and Evaluation of Performance
Section 7.0 Communication of Results
Section 8.0 Employee Involvement and Employee Rights
Section 9.0 OSHA Inspections
Section 10.0 Incentives
Section 11.0 Termination of Partnership
Section 12.0 Signatures

1.0 Background

In an effort to eliminate serious hazards and achieve a high level of worker safety and health on Harmon Yards – Phase # 3, Slattery Skanska, Ecco III, Edwards and Kelcey, and Parsons Brinkerhoff JV., and the above named groups have developed a comprehensive partnering agreement. Participants include project stakeholders from government, industry employers, labor, and trade associations. This partnering agreement will facilitate the process of: identifying project health and safety performance goals; developing plans for achieving those goals; cooperation in hazard control implementation; measuring and establishing a vehicle to communicate the successes; and ultimately learning from the process.

This partnering agreement shall be limited to Slattery Skanska, Ecco III, Edwards and Kelcey, and Parsons Brinkerhoff JV. (Harmon Yard JV), OSHA’s Tarrytown Area Office (OSHA), the New York State Department of Labor Division of Safety and Health On-Site Consultation Program (NYS Consultation), the Building and Construction Trades Council (BCTC), and the Construction Industry Council of Westchester and Hudson Valley, Inc. (CIC). It is anticipated that at the peak of this project, Harmon Yard JV. and its 25 subcontractors will employ over 200 trades employees.

This partnership is consistent with OSHA’s long-range efforts to develop a contractor/government partnership approach to safety and health management. It allows for better use of OSHA resources, innovation in safety and health management, and encourages more participation in the safety and health process from the construction/trade association communities.

2.0 Definitions

DART: Days away from work, restricted work activity, or job transfer

Investigations: The procedure for responding to non-formal complaints is described in OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. This procedure mandates that OSHA contact an employer and inform them of the safety and/or health hazards that are alleged by a complainant to exist in that employer’s workplace. OSHA then faxes a copy of the allegations to the employer. The employer must satisfactorily respond to the allegations within five calendar days, or an OSHA enforcement inspection may be initiated.

TCIR: (Total Case Incident Rate) This injury and illness rate is calculated by dividing the number of lost worktime events by the total number of employee hours worked, and then multiplying by 200,000. The resultant rate reflects the injury and illness rate per 100 full-time workers.

Other-than-Serious Violations: This type of violation references situations where the most
serious injury or illness that would be likely to result from a hazardous condition cannot reasonably be predicted to cause death or serious physical harm to exposed employees but does have a direct and immediate relationship to their safety and health.

Qualified Safety and Health Representative: For the purpose of this Partnership only, a Qualified Safety and Health Representative will, as a minimum, be certified in the OSHA 30-hour Construction Course, or have substantial construction safety and health experience.

Serious Violations: Section 17(k) of the Act provides " . . . a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation."

Verification Inspection: A limited scope inspection that will focus on the following areas: a comprehensive review of the required safety and health programs and a site review of Fall, Struck-by, Electrocution, and Caught-Between hazards.

Voluntary Protection Programs: The Voluntary Protection Programs (VPP) promotes effective worksite-based safety and health. In the VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Approval into VPP is OSHA’s official recognition of the outstanding efforts of employers and employees who have achieved exemplary occupational safety and health.

VPPPA: The VPPPA promotes the benefits of cooperative programs among employees, management and labor through educational and outreach services, as well as an active government affairs program. Educational opportunities include workshops, conferences and presentations throughout the United States. Outreach programs include the Association's quarterly magazine The Leader, electronic newsletters, the VPPPA Mentoring Program and the VPPPA Web site.

3.0 Project History

Harmon Yard JV. has a workforce of 150 employees, is involved in heavy construction, and is headquartered in 16-16 Whitestone Expressway, Whitestone, NY 11357.

Harmon Yard JV. is the general contractor for the Harmon Shop Replacement Phase III which is the largest engineering and construction project ever awarded by MTA Metro-North Railroad. The Harmon Yard JV. was selected after a lengthy procurement process as the team with the best qualifications, best proposal and best overall value to the owner. Work began on the $282 million project in September 2006.

The project involves a complete build-out of 20 acres at the large Harmon Yard and Shop Complex in Westchester County north of New York City. The work includes the design and construction of two large maintenance shops, one for coaches and MU cars, and one for locomotives. In addition, a new locomotive wash facility is being built, as well as 15 new tracks, upgrades and expansion at two substations, and new K-9 grounds for MTA police dogs.

The project two primary buildings are the new two-story 112,000 square foot Coach Shop and the two-story 65,000 Locomotive Shop. The Coach Shop will be a steel structure with a metal panel system and 8’ precast concrete panels at the based. It will accommodate the new coach repair and maintenance functions including scheduled inspections performed primarily in-consist, unscheduled repairs, changeout of all major components, and major repairs including car floor work, truck repairs and overhauls, component cleaning, and cleaning.

The new Locomotive Shop will be of similar construction and is being designed to perform all scheduled inspections and most of the unscheduled maintenance and repair activities for Metro-North’s entire locomotive fleet, including inspections, repairs, changeouts of all major components including trucks, main diesel engines and traction alternators, major long duration repairs, truck repairs, and component changeout and cleaning.
During construction Harmon Yard JV. will provide a full time safety manager and ensure compliance with construction environmental, health, and safety practices. This includes federal, state, local, project, and owner rules and regulations.

4.0 Partnership Goals and Objectives

4.1 The goals of this Partnership include:

Developing a contractor/government partnership that will encourage local construction subcontractors involved in the project to improve their safety and health performance;
Assisting the participating local construction subcontractors in achieving the objectives listed below;
Implementing strategies to eliminate serious accidents, including the four primary construction hazards (falls, electrical, caught in/between, and struck-by);
Ensuring employee safety and health training, and documenting the number of employees trained during this project, the content of the training material, and how many employees were trained in a language other than English;
Recognizing those subcontractors with exemplary safety and health programs;
A project DART rate that is 25% less than the national average for Standard Industry Code
1629.

4.2 The objectives of this Partnership include:

Reducing the number of conditions that have the potential to result in worker injury/illness to the lowest reasonable level, through employee training and hazard(s) identification and correction;
100% compliance with project-required incident prevention activities;
Zero (0) fatalities;
Zero (0) exposure of employees to walking/working surfaces (horizontal and vertical) with unprotected sides or edges, which are 6 feet or more above a lower level;
Conducting a gap analysis of all participating contractors’ site-specific safety and health programs and, through resource sharing, enhance these programs to meet the Partnership Agreement performance criteria. "Gap analysis" is the difference between the contractor’s site-specific programs and Harmon Yard JV. requirements for work procedures each contractor is to perform. Harmon Yard JV. will evaluate each contractor’s site-and task specific analysis to ensure that it meets the required safety and health performance criteria for the site prior to commencement of their onsite activities. Harmon Yard JV. will provide reasonable assistance to subcontractor to improve their safety program;
Fostering a sustainable working relationship between Harmon Yard JV., OSHA, local contractors, building and construction trades, and other entities involved in this project;
Partnering with the CIC, the BCTC, and the union representative framework to encourage positive change within the local construction industry with respect to betterment of construction safety and health during the Harmon - Phase # 3 Project;
Discussions of the benefits of participation in the VPP, and initiation of the VPP Application
process.

To achieve the goals and objectives cited above, OSHA, Harmon Yard JV., CIC, NYS Consultation, and BCTC will form an Implementation Team (IT) comprised of representatives of their organization’s. These representatives will work together to develop a plan of action, determine the working procedures of the IT, identify the roles and responsibilities of the participants, and develop a time-line for the goals and objectives described in this Partnership document. This time-line will also establish the dates for submission of data and other records to OSHA by Harmon Yard JV., as described in this Partnership document. The IT will meet within 30 working days of the signing of this Partnership to review the goals and objectives described herein. It will meet three times per year thereafter, for the duration of the Partnership, to evaluate progress toward the Goals and Objectives. Annually, at least one of these meetings will be in person.

5.0 Performance Criteria

Safety and Health Contract Language

Experience Modification Rates

The Contractor has made significant progress in safety and health since receiving the EMR that exceeded 1.0, and agrees to comply with all provisions of Harmon Yard JV. "Safety, Health and Environmental Policy" manual;
Harmon Yard JV. determines that the elevated EMR was not due to serious, consistent infractions of OSHA safety and health standards.

Bidding Period

Pre-Construction Meetings

Coordination Meetings

Monthly Meetings

Qualified Safety and Health Representatives

Risk Assessment

Project-specific Safety and Health Plan Guidelines

Fall exposure potential greater than six feet requires 100% fall protection
Mandatory use of Ground Fault Interrupters (GFCIs) throughout the project
All cranes, hoists, and scissor/aerial lifts will be inspected and safe prior to use
Use of appropriate personal protective equipment
Site-specific safety and health training
Workplace surveillance
Employee involvement
Management commitment

Weekly Safety and Health Audits

Training

Incident Recordkeeping Database

Recording and Reporting Occupational Injuries and Illnesses

5.1 Project Contractor’s Role

Project Specific Safety and Health Plan

Task-specific Weekly Toolbox Instructions

Safety and Health Representation

Weekly Safety and Health Inspections

Safety and Health Training

Recordkeeping/ Documentation

5.2 OSHA’s Role

Program Evaluation

Incident Trend Analysis

Access to Training Resources

Interpretation of OSHA Standards

Compliance Strategies

Attendance at Safety and Health Meetings

5.3 Craft Labor’s Role

Safety and Health Field Performance

Safe Work on Demand

Monthly Safety and Health Meetings

Partnership Representation

6.0 Measurement and Evaluation of Performance

6.1 Harmon Yard JV. and/or its designated safety and health representative will compile and track a monthly summary of contractor injury and illness performance statistics at the job site. This data will be compared to Harmon Yard JV. historical data, the historical data (if available) of the participating employers, and national data for comparison and evaluation.

6.2 Harmon Yard JV. and/or its designated safety and health representative will collect documentation from contractors in order to ensure procedural performance of project requirements.

6.3 Within 60 days of the initiation of this partnership agreement OSHA and Harmon Yard JV. shall conduct a verification inspection of Harmon Yard – Phase #3, as defined in Section 2.0: Definitions, and Section 9.1: Verification Inspections.

6.4.1 At the end of each quarter, Harmon Yard JV. and/or its designated safety and health representative will compile and submit to OSHA a report that evaluates the partnership agreement's achievements and identifies areas for continued improvement. Near misses are an integral part of the accident prevention program and will be evaluated by the safety and health team. This quarterly report will also include a list of all employees that have received safety and health training as a result of and during the term of this Partnership Agreement. The employee’s name, employer, and topic and length of training shall be included in this quarterly report.

7.0 Communication of Results

The signatories or their designated representative(s) will meet at least three times annually to review partnership agreement status and progress. At least one of these meetings will be in person, and this meeting will take place at the Harmon Yard – Phase # 3 Trailer Complex, and may be combined with the Implementation Team meetings.

An Annual Partnership evaluation will be conducted by the Implementation Team, and will be in writing. The goal of this evaluation will be to measure the success of the partnership, highlight best practices and provide feedback for improvements.

8.0 Employee Involvement and Employee Rights

This partnership agreement fully supports and recognizes the importance of employee participation in matters concerning safety and health in the workplace. As a vital component of an effective safety and health program, the ability of employees to exercise their rights, which are guaranteed under the OSH Act, will not be infringed. Employee involvement in the worksite safety and health program will be encouraged, including employee participation in safety and health program reviews, site inspections, employee safety and health training, accident investigations, and freedom to report hazards, including near misses. The Building Trade Organizations most directly involved or affected by this partnership will be consulted and encouraged to suggest improvements and further enhancements of this partnership. Harmon Yard JV. will document all employee, trade organization, and union involvement in this Partnership.

9.0 OSHA Inspections and Investigations

9.1 Verification Inspections

Qualification for this OSHA Partnership requires that OSHA conduct a Verification Inspection of Harmon Yard JV. and Harmon, Phase # 3 site within 60 days of the signing of this agreement, and annually thereafter for the term of this Partnership Agreement. This verification inspection will determine Harmon Yard JV. and contractor compliance and include a comprehensive review of the effectiveness of each subcontractor’s safety and health program. Subcontractors who are determined, by OSHA, to be outside the aforementioned criteria for inclusion under this Partnership Agreement will be subject to traditional OSHA inspections and enforcement actions. Serious hazards discovered during the Verification Inspection may result in the issuance of citations and penalties. Other than regulatory violations (e.g., 29CFR 1903 and 1904), no penalties will be assessed for other-than-serious violations provided they are abated the same day as the inspection.

9.2 Formal Complaints / Referrals / Imminent Danger

This partnership calls for the immediate response by Harmon Yard JV. to each allegation of a safety and health hazard brought to the attention of management by any person. Upon finding that the allegation is valid, the employer shall promptly correct the hazard.

Harmon Yard JV. and the participating contractors recognize and accept that OSHA will investigate formal complaints and referrals, and alleged imminent danger hazards in accordance with OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. These inspections will be conducted outside the scope of this partnership agreement in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. All formal complaints, referrals, and imminent danger situations will be discussed by Harmon Yard JV. at the next scheduled job safety and health meeting.

9.3 Investigations

OSHA will investigate non-formal complaints in accordance with OSHA’s CPL-02-00-140 – Complaint Policies and Procedures. Harmon Yard JV. will immediately investigate all allegations and correct any hazards identified. The affected subcontractor, if any, as well as affected unions will also be notified of the alleged hazard. Harmon Yard JV. will notify OSHA of its findings and abatement within five calendar days of the original complaint notification. Failure to meet this time frame will place the complaint/referral outside the scope of this partnership agreement and result in an OSHA on-site inspection of the allegations.

All non-formal complaints and investigation results will be discussed by Harmon Yard JV. at the next scheduled job safety and health meeting.

9.3 Accident/Incident Inspections

Harmon Yard JV. and the participating contractors recognize and accept that OSHA will fully inspect incidents involving employee deaths, incidents resulting in the hospitalization of three or more employees, or other serious incidents that come to the attention of OSHA. These inspections will be conducted outside the partnership in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties.

9.4 Programmed Inspections

Programmed Inspections may be initiated if there has not been a verification inspection during the 12 previous months. These inspections will be conducted in accordance with normal enforcement procedures and practices. Hazards identified may result in the issuance of citations and penalties. Harmon Yard JV. and the contractors participating in this partnership will receive a deferral from Programmed Inspections, for 12 months, after successful completion of the Verification Inspection.

9.5 Follow-up Inspections

If OSHA issues citations as a result of any inspection conducted, it may conduct a follow-up inspection to verify abatement.

10.0 Incentives

10.1 Harmon Yard JV. and the participating contractors will receive a deferral, for 12 months, from programmed inspections following successful completion of a verification inspection.

10.2 No penalties will be assessed for other-than-serious violations provided they are abated the same day as the inspection.

10.3 A maximum "Good Faith" and "History" penalty adjustment factor will be applied as allowed under OSHA’s Field Instruction Reference Manual (FIRM) in the event that citations are issued to the Harmon Yard JV. and the participating contractors.

10.4 OSHA will work with the Partnership participants to maximize recognition of the Partnership through various media outlets and the OSHA web site.

11.0 Termination of Partnership Agreement

This agreement will expire when Harmon Yard JV. Phase # 3 activities are completed. Should either OSHA or Harmon Yard JV. choose to withdraw prior to that date, thirty (30) days written notice will be given, and the partnership would terminate. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Either party may also propose modification or amendment of the agreement.

Paperwork Reduction Act Notice
Form Approved
OMB# 1218-0244 Expires 01-31-2009
Public reporting burden for the time needed to develop the Partnership requirements, craft agreement language,
and conduct an internal review process is estimated to be an average of 11 burden hours per respondent.

Signed this 22nd day of June, 2007

Patricia K. Clark Regional Administrator USDOL/OSHA, Region 2		Rich Cavalaro Executive Vice President Skanska USA Civil Northeast Inc.
Diana Cortez Area Director, Tarrytown Area Office USDOL/OSHA		Rich Lombardi Vice President Ecco III
James Rush Program Manager NYS Department of Labor Onsite Consultation Program		Edward Doyle President Building and Construction Trades Council of Westchester and Putnam Counties, NY
Ross Pepe President Construction Industry Council of Westchester and Hudson Valley, Inc.

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