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 Strategic Partnerships
STRATEGIC PARTNERSHIP
BETWEEN

THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,

THE HOLDER CONSTRUCTION COMPANY

AND

GEORGIA INSTITUTE OF TECHNOLOGY – SAFETY, HEALTH AND ENVIRONMENTAL DIVISION

FOR THE

SAVANNAH STATE UNIVERSITY CONSTRUCTION PROJECT
 
  1. Purpose and Scope

    This agreement was developed jointly by Holder Construction Company and the Savannah Area Office of the Occupational Safety and Health Administration (OSHA) and Georgia Institute of Technology – Safety, Health and Environmental Division (Georgia Tech). The common objectives and goals of the agreement are to provide a safe and healthful work environment for employees engaged in construction activities on the Savannah State University Construction Project. This partnership is a voluntary agreement and is an alternative to the OSHA’s traditional enforcement procedures. This agreement is consistent with OSHA’s long-range efforts to develop to improve health and safety in the construction industry and effectively utilize OSHA’s resources.

    This partnership will involve the construction of a new Academic Building by Holder Construction Company on the campus of Savannah State University, in Savannah, Georgia. Since 1960 Holder has been in operation as a national commercial construction services firm. Holder is committed to providing a healthy, safe, clean working environment for its employees. As evident by this partnership, the Holder emphasizes continual improvement in the area of safety and health, as well as quality.
     
  2. Identification of Partners

    The partners in this agreement will include the following:
    • Holder Construction Company
    • OSHA’s Savannah Area Office
    • Georgia Tech
  3. Goals and Measurements

    The overall goal of the partnership is to create a working relationship that will focus efforts on preventing work related fatalities, controlling or eliminating serious workplace hazards and injuries. The worksite will implement the following secondary goals and objective to achieve an accident-free workplace:

    3.3. Goals, Strategies and Performance Measures
     
      GOAL STRATEGIES MEASURES
    1. Reduce the number of work-related injury and illness cases by 10% quarterly for the duration of the project, using the first quarter of the project as the site’s baseline. a. Establish proactive measures for the common hazards found at construction sites.
    b. Use best methods practices.
    c. Provide all necessary engineering controls, administrative controls and personal protective equipment.     		Compare injury and illness data from the OSHA 300 log using the first year as a baseline.
    2. Establish a cooperative relationship between labor and management to achieve a safe and healthful workplace. a. Conduct weekly toolbox safety meetings.
    b. Conduct 10 and 30 hour OSHA training courses.
    c. Keep open door safety policy.
    d. Conduct Pre-Task Safety Planning.     		a. Minutes of tool box meeting will be used to track and document attendance.
    b. Course rosters to be used to track number receiving training.
    c. Track incoming safety issues, suggestion forms and complaints and their
    resolution.
    3. Increase worker’s awareness of the most common causes of workplace injuries and illnesses in the construction industry, included but not limited to: falls, electrical safety, struck-by, caught in/between, silica, cranes and noise. a. Provide weekly toolbox safety meetings and conduct 10 and 30 hour OSHA training courses.
    b. Use best methods to prevent injuries and illnesses of the most common hazards in the construction industry
    c. Conduct site audits and daily site walk through.     		After conducting hazard awareness training, compare the number of hazards identified during the daily, weekly and monthly audits, with the site’s baseline performance in this area.
    4. One hundred percent (100%) of contractors and subcontractors to have comprehensive written safety and health programs. Written safety and Health programs will be required for all contractors, subcontractors and tier-subcontractors. The number of sub-contractor with comprehensive written safety and health program at the end of the project.
     
  4. Safety and Health Programs

    Holder Construction Company and all contractors/subcontractors agree to develop, implement, and maintain effective comprehensive safety and health management systems in accordance OSHA’s 1989 Safety and Health Management Guidelines as follows:
     
    • Management Commitment and Employee Participation
       
    • A written safety and health program that addresses critical hazards
       
    • Management training that includes safety and health awareness
       
    • Employee participation in company safety and health awareness
       
    • Annual safety and health program review
       
  5. Employee and 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.

    Additionally, this partnership will not affect the employee’s rights under the OSHA Act and OSHA regulations, including walk around rights during an OSHA inspection. Employees shall be involved in the implementation of the worksite safety and health programs including: audits, site inspections, job hazard analysis, and investigations.
     
  6. Management and Operation

    A partnership committee will be formed to manage the operation of this partnership agreement. It will consist of the Holder Safety Representatives and the OSHA Compliance Assistance Specialist. A Holder Safety Representative will serve as the chairperson, the Site Safety Coordinator and as OSHA’s primary contact. The Holder Safety Representative will review contractor compliance and involvement in the partnership, analyzes job site audits, make partnership improvements, evaluate partnership modifications, achievements and success.

    Holder Construction Company staffing during the project will consist of three full time safety coordinators and a full time superintendent to assist in safety management. Participating companies agree to have a full time safety official whose job will be to manage the safety and health program, reduce injuries/illnesses, and ensure compliance with OSHA standards. This official will have the authority to ensure safety and health corrections and to shut down operations that pose an imminent danger risk.

    Georgia Tech will provide training and assistance to employers regarding the development of an effective Safety and Health Management System (SHMS) including: management commitment, employee involvement, hazard recognition, hazard elimination and control, training, and annual performance reviews to ensure continuous improvement. OSHA will also provide tools to assist in the development and implementation of these SHMS. Following the outreach/training sessions, Holder Construction Company will be responsible for identifying the number of participants that have developed a new program or enhanced their existing safety and health program. OSHA and Holder will review the data and verify the information as necessary. The partnership will result in an increase in the number of contractors that develop safety and health programs or enhance their existing program.

    Georgia Tech and OSHA will provide outreach/training sessions to increase the awareness of management and labor to potential hazards commonly found around institutional building construction projects. Following the outreach/training sessions, Holder Construction Company will work with contractors to develop tools to eliminate and control hazards. The partnership will result in an increase in the number of workplace hazards eliminated or controlled at the site through voluntary efforts. Holder Construction Company will be responsible for identifying the number hazards voluntarily eliminated or controlled.

    6.1 Occupational Safety & Health Administration:
     
    1. Will provide an OSHA representative for training sessions
       
    2. Will provide assistance by designating an OSHA representative to evaluate the effectiveness of the partnership
       
    3. Will clarify the intent of OSHA standards, provide assistance on health and safety issues, and assist in the development of useful safety and health tools.
       
    4. Conduct an onsite enforcement verification inspection.
    6.2 Holder Construction Company
     
    1. Fully support and encourage participation in matters relative to safety and health during the partnership with a spirit of cooperativeness.
       
    2. Require sub-contractors to meet the OSHA requirements.
       
    3. Participate in the training sessions and the partnership evaluation.
       
    4. Provide a representative to serve as a point of contact.
       
    5. Collect data and information related to hazard identification and control and share the information as appropriate.
       
    6. Require 100% fall protection for employees working above 6’.
       
    7. Ensure that safety and health training is provided to all workers in a language they understand.
    6.3 Georgia Tech
     
    1. Will give priority consideration to requests for service to small contractors who are engaged in work at the project.
       
    2. Will assist OSHA with the hazard awareness training sessions
       
    3. Will provide training and assistance with the development of effective Safety and Health Management Systems (SHMS) by employers at the site.
    6.4 Sub-Contractors
     
    1. The subcontractors under the control of the Holder Construction
      Company on the Savannah State University - Construction
      Project, that adhere to the requirements of this agreement, will
      receive the benefits of this partnership.
       
  7. OSHA Inspections

    Holder Construction Company and its sub-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 member companies. OSHA will continue to investigate all complaints and referrals received in accordance with OSHA Instruction CPL 2.115, Complaint Policies and Procedures.

    A. Self-Inspections

    The Holder Construction Company agrees to exercise control over any recognized site safety or health hazard identified during comprehensive self-inspections, and to eliminate the potential for injury or illness in accordance with this partnership agreement. The on-site safety representative will conduct monthly comprehensive inspections of the entire project with contractor involvement, as agreed. The on-site safety representative will supplement the comprehensive inspections with weekly inspections and periodic inspections, as necessary. The on-site safety representative will report any findings directly to the appropriate contractor/subcontractor. The on-site safety representative may delegate the task of inspecting part or all of the site to a smaller complement of representatives, provided that representatives of organized labor (if present on the site) and management participate in the inspection process, and provided further that the findings and recommendations of each inspection are reviewed at monthly safety and health meetings.

    If any site employer does not meet the aforementioned criteria, the inspection of their work and safety and health performance shall proceed in accordance with traditional OSHA guidelines for comprehensive inspections.

    B. OSHA Enforcement Complaint/Referral Investigations

    This partnership provides for immediate employer response to each allegation of a safety or health hazard brought to its attention by any employee or employee representative. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard.
     
    1. Non-formal complaints - Non-formal complaints, as referred to in CPL 02-00-140 and as related to a partnership site, will be faxed to the onsite Holder Construction Company office. In accordance with established OSHA procedures, the name of the complainant will not be revealed. Holder Construction Company agrees to investigate these complaints, regardless of the employer involved, and to provide OSHA with a written response according to the following timetable:

      - Non-formal complaints/referrals alleging a serious hazard: 4-hours
      - Non-formal complaints/referrals alleging an other-than-serious hazard: 24-hours
       
    2. Accident Investigations - Employers engaged in this partnership recognize that OSHA fully investigates accidents involving death or serious physical harm. If OSHA, during the course of the investigation, determines that the incident resulted from violations of an OSHA standard, the employer will not be afforded partnership benefits.
    C. On-site Verification Enforcement Inspections

    OSHA will conduct the initial verification inspection no sooner than three-months after partnership participants formally enter into this agreement. During this period participants should develop and implement the safety and health management systems required under this agreement. After this period, OSHA will conduct the initial onsite enforcement verification inspection and annually thereafter. These inspections will follow Focused Inspection protocol (per the appropriate OSHA guidelines) and will be conducted in accordance with paragraph XIV B.4 of OSHA CSP 03-02-002: OSHA Strategic Partnership Program for Worker Safety and Health by a compliance officer familiar with this agreement.

    Violations of standards, regulations or the General Duty Clause found during verification inspections may result in citations. Inspections conducted in response to complaints and referrals may qualify as a verification inspection, if in addition to addressing the complaint or referral items the compliance officer completes the focused inspection protocol for the entire work site. All employees’ rights under the OSH Act will be afforded.

    If OSHA determines that any site subcontractor, under the control and direction of Holder Construction Company, does not meet the requirements set forth in this partnership agreement, the OSHA inspection of this subcontractor’s work will proceed in accordance with the traditional OSHA protocol for comprehensive inspections.
     
  8. Partnership Benefits

    The following are benefits for the Holder Construction Company and their subcontractors when and only when they are working at Savannah State University Construction Project:

    a) A 12-month deletion from programmed inspection lists. This will occur after completion of the initial onsite consultation visit by the Georgia Tech Onsite Consultation Program, and an onsite enforcement verification inspection by the OSHA Savannah Area Office.

    b) Participation in the partnership will result in eligibility for the maximum good faith penalty reductions of 25%, except for willful, repeat, and failure-to-abate violations and fatality investigations.

    c) No penalties for non-serious violations except for recordkeeping violations and failure to timely report fatalities.

    d) Technical assistance and training by OSHA and the Georgia Tech Onsite Consultation Program.
     
  9. Evaluation

    The partners will conduct a joint evaluation one year after the signing of the partnership to determine if the partnership should be modified, discontinued, or improved. The evaluation will be accomplished by OSHA based on data provided by the Holder Construction Company and the Georgia Tech Onsite Consultation Program. The evaluation will follow OSHA Directive Number CSP 03-02-002, Strategic Partnerships for Worker Safety and Health and effectively evaluate the contractor’s success toward achievement of the established goals.

    Additionally, Holder Construction Company agrees to collect data designed to reflect the impact of the outreach/training activities and all signatories agree to an initial commitment of time to complete all aspects of the partnership. The resources used will be validated by the expected positive impact in the form of better safety and health programs and the control of predictable hazards in the workplace.
     
  10. Termination

    The partnership is expected to run until March 2009. However, if OSHA, the Holder Construction Company or Georgia Tech Onsite Consultation Program wishes to withdraw their participation prior to the established expiration date, the Partnership will be considered null and void upon receipt of a written notice of the intent to withdraw.

    If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. A signatory may also propose modification or amendment of the agreement.
     
  11. Signatures



 
John J. Deifer
Area Director
OSHA Savannah
Area Office


 
Date


 
Jorge E. Cisneros
Corporate - Safety Director
Holder Construction
 


 
Date



 

Daniel Ortiz
Program Managers
Georgia Tech Research
Institute’s Occupational
Safety and Health Division


 
Date


 
Joe Jett
Superintendent
Holder Construction
 


 
Date
 
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