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HAMILTON COLLEGE (KIRNER-JOHNSON ADDITION & RENOVATION) Comprehensive Safety and Health Partnering Agreement between Barr and Barr, Inc and Construction Trade Sub-Contractors and Hamilton College and United States Department of Labor Occupational Safety & Health Administration Region 2 – Syracuse Area Office and New York State Department of Labor On-Site Consultation Program    |
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Table of Contents Section 1.0 Background Section 2.0 Project History Section 3.0 Partnership Goals and Strategies Section 4.0 Environmental, Health & Safety Performance Criteria Section 5.0 Measurement and Evaluation of Performance Section 6.0 Communication of Results Section 7.0 Employee Involvement and Employee Rights Section 8.0 Verification and OSHA Inspections Section 9.0 Termination of Partnership Section 10.0 NYS On Site Consultation Service Section 11.0 Signatures Appendix A: Template of Partnership Annual Evaluation Report 1.0 Background In an effort to eliminate serious hazards and achieve a high level of worker safety and health for employees engaged in the construction of the Kirner-Johnson Addition & Renovation Project at Hamilton College in Clinton, NY. Barr & Barr, Inc., and the above named groups have developed a comprehensive partnering agreement. Participants include project stakeholders from government, industry employers, labor and the owner. 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. Beyond the confines of this project, it is projected that this partnership agreement will foster a sustainable working relationship between OSHA, NYS Labor Consultation Program, Barr & Barr, Inc., and Hamilton College. This partnering agreement shall be limited to Barr & Barr, their workforce of subcontractors and Hamilton College, OSHA Syracuse Area Office, and NYS Labor Consultation Program. It is anticipated that at the peak of this project, Barr & Barr, Inc., and its subcontractors will employ over 100 trades employees. This partnership is consistent with OSHA's long-range efforts to develop a contractor/government/owner partnership approach to safety and health management. It allows for better use of OSHA resources, it allows for innovation in safety and health management, and it encourages more participation in the safety and health process from the construction/trade association communities. 2.0 Project History Barr & Barr, Inc. is a construction management company headquartered in New York with a workforce of approximately 300 employees. Barr & Barr's Framingham, Ma. office will be responsible for managing all aspects of this project. Barr & Barr, Inc., is the construction manager responsible for the construction of the Kirner Johnson Addition & Renovation Project at Hamilton College in Clinton, NY. The approximately $30 million project has a tentative duration of 26 months and entails the construction of a 93,000 square foot addition and renovations to the existing facility. The new structure will be structural steel frame with roof top mechanical systems. The envelope finishes will consist of curtain wall, punched windows, skylight, copper cladding, and pre-cast concrete panels. The project also includes large amounts of excavation / utility work and road construction. The Project will start in the summer of 2007 and is scheduled to be completed in early fall of 2009. 3.0 Partnership Goals and Strategies 3.1 The goals of this Partnership include:
4.1 Barr & Barr, Inc., will establish the following:
4.1.1 Monthly Meetings -Barr & Barr, Inc., shall hold a monthly principles project safety and health meeting to discuss program status and participant/subcontractor performance. OSHA will be invited to attend these meetings . 4.1.2 Qualified Safety and Health Representatives -Barr & Barr, Inc., shall assign a qualified site safety and health representative to administer its safety and health program. 4.1.3 Risk Assessment -Barr & Barr, Inc., shall conduct a comprehensive risk assessment of project work and incorporate the findings of the assessment into the Site Specific Safety Plan. 4.1.4 Project-specific Safety and Health Plan Guidelines -Barr & Barr, Inc., shall prepare a project-specific safety and health plan. This plan shall incorporate the following minimum elements: 4.1.6 Training -Barr & Barr, Inc., shall help provide safety and health training resources for all project participants as needed. Another objective of this training will be to familiarize all employees with the Comprehensive Safety Program Management System. This will include the methods and contacts employees can use to address safety and health concerns. Employees should be encouraged at the time of this training, and during other safety and health – related training, to utilize this reporting system as an alternative to filing a complaint with OSHA. Barr & Barr, Inc., shall provide on-going safety and health training to workers that will address new tasks, or processes and major changes to the project. All workers on this project will be required to successfully complete a 10-hour construction safety course within 45 days of start work date. Barr & Barr, Inc. will be responsible for ensuring that these training requirements are met for their own employees as well as overseeing that project contractors' employees have received the requisite training pursuant Paragraph 4.2.6 of the Agreement. 4.1.7 Incident Record Keeping Database –Barr & Barr, Inc., shall maintain a project OSHA-300 Log (or equivalent database) for work at the project. The Log shall be maintained in accordance with 1904.19. 4.1.8 Safety and Health Incentive Program -Barr & Barr, Inc., will implement a health and safety incentive program to assist in fostering a safe work environment. Individual employees will be rewarded with incentives for excellence in safety and health.
4.2.2 New Hire Safety Orientation - All sub contractors shall provide new hire employees with project-specific safety and health information and instructions prior to starting work. 4.2.3 Task-specific Weekly Toolbox Instructions - All sub contractors shall provide workers with instructions on integration of safety and health requirements with current work tasks for the week. All Subcontractors shall allow an OSHA representative to attend any of these meetings, when requested by OSHA. 4.2.4 Qualified Safety and Health Representatives - All sub contractors shall assign a qualified safety and health representative to administer their program. 4.2.5 Weekly Safety and Health Inspections - All sub contractors shall conduct and document weekly inspections of their portion of the jobsite to assess compliance with all project safety and health requirements and OSHA standards. No outstanding non-compliance issues shall be allowed to carry over into the subsequent week's inspections. 4.2.6 Safety and Health Training - All sub contractors shall provide on-going safety and health training to workers, that will address new tasks, or processes and major changes to the project. All workers on this project will be required to successfully complete a 10-hour construction safety and health course within 45 days of their start work date. 4.2.7 Record Keeping/ Documentation - All sub contractors shall maintain documentation of all safety and health activities described herein and provide copies to Barr & Barr Inc. Documentation of near misses, and the correction of observed hazards during this partnership, shall be completed by Barr & Barr, Inc., at least quarterly.
4.3.2 Incident Trend Analysis - Provide feedback on incident trends as needed. 4.3.3 Access to Training Resources - Assist in securing cost-effective training resources for partnership agreement participants. 4.3.4 Interpretation of OSHA Standards - Clarify the intent of OSHA standards and resolve conflicts of interpretation with assistance from the Office of Construction Standards and OSHA Compliance Assistance. 4.3.5 Compliance strategies - Provide input on compliance strategies as proposed by program participants. 4.3.6 Employer Incentives– Extend as appropriate special recognition to partnership agreement employers that voluntarily improve their safety and health performance. Consideration shall include "limited scope" focused inspections, maximum good-faith recognition with respect to penalty reduction, and off-site consultation and training. 4.3.7 Attendance at Safety and Health Meetings - OSHA representatives will periodically attend site safety and health meetings.
4.4.2 Compliance Strategies – Provide On-Site Consultation visits for partnership agreement participants
4.5.2 Safe Work on Demand - Refuse any work assignment that violates the project EH&S requirements. 4.5.3 Monthly EH&S Meetings - Attend and participate in monthly meetings that are held by Barr & Barr, Inc.. Provide input on EH&S as related to specific trade/skill areas of expertise. 4.5.4 Partnership Representation - Designate representative(s) to provide input in all partnership agreement initiatives. 5.1 Barr & Barr, Inc. will compile and track a monthly summary of contractor injury and illness performance statistics at the job site. This data will be compared to Barr & Barr, Inc. historical data, the historical data (if available) of the participating employers, and national data for comparison and evaluation. 5.2 Barr & Barr, Inc. will collect documentation from contractors in order to ensure procedural performance of project requirements. 5.3 Within 30 days of the initiation of this partnership agreement OSHA and Barr & Barr Inc. shall conduct a verification inspection of the project. This verification inspection will determine partnership compliance with the terms of this agreement and include a comprehensive review of the project's EH&S plan, and is further described in Section 8.1.5 of this Partnership Agreement. 5.4 At the end of each quarter, Barr & Barr, Inc., will compile and submit to OSHA a report that evaluates the partnership agreement's achievements and identify 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. 5.5 At the end of this Partnership, OSHA and Barr & Barr, Inc. shall conduct a final review of the partnership through an inspection of the project similar to the inspection outlined in paragraph 5.3 above. 6.0 Communication of Results 6.1 Barr & Barr, Inc. will publish a quarterly status report to document partnership agreement status and progress. The signatories or their designated representative(s) will meet at least quarterly to review partnership agreement status and progress. This meeting will take place at the Barr & Barr Inc. construction site at Hamilton College or at the Syracuse Area OSHA Office. 6.2 The partners will prepare a joint evaluation of the partnership annually. The evaluation will review the success of the partnership, lessons learned, and changes that will be made to meet the goals of the partnership. The annual performance evaluation report, Appendix A shall be used. Performance measures listed below will be collected and analysed to determine the partnership's progress toward meeting its goals.
7.1 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 signatory construction trade unions directly involved, or, effected by this partnership have been consulted and encouraged to suggest improvements and further enhancements of this partnership. All employee, trade organization, and union involvement in this Partnership will be documented by Barr & Barr, Inc. 8.0 Verification and OSHA Inspections 8.1.1 Barr & Barr, Inc., shall exercise control over any recognized site safety and health hazard to eliminate the potential for injury or illness in accordance with this partnership agreement. Barr & Barr Inc., or its representatives, will conduct comprehensive safety and health reviews and audits. If any subcontractor under the control and direction of Barr & Barr Inc., does not meet the terms of this partnership agreement the contractor may be subject to traditional enforcement action by OSHA. 8.1.2 Programmed Inspections – OSHA will not conduct a Programmed Inspection of a partnering subcontractor if OSHA has conducted a Verification Inspection, as described in Section 8.1.5 of this Partnership Agreement, within the twelve month period preceding the initiation of such an inspection. Should a Programmed Inspection, such as a National Emphasis Program (NEP) or a Local Emphasis Program (LEP), result in the initiation of a Programmed Inspection of Barr & Barr, Inc., and the employers engaged in this partnership, the inspection will focus on:
8.1.3 Unprogrammed Inspections -Barr & Barr, Inc., and the employers engaged in this partnership recognize and accept that OSHA will fully investigate incidents involving employee deaths or the hospitalization of three or more employees, reports of imminent danger conditions, formal complaints and referrals. 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. 8.1.4 Complaint/Referral Investigations – OSHA agrees that a copy of each non-formal complaint/referral related to the work at the Project and filed with OSHA will be forwarded by fax, or by other means, to Barr & Barr's project office. The name of the complainant will not be revealed. Barr & Barr, Inc. agrees to promptly investigate complaints, regardless of the employer involved, and provide OSHA with a written response within three days for non-formal complaints/referrals alleging a serious hazard, and within three days when an other-than-serious hazard is alleged. Failure to meet these timeframes will place the complaint/referral outside the scope of this Partnership and OSHA will respond as it would to any complaint of a similar nature. 8.1.5 On-site Verification - In order to qualify for partnership, OSHA will conduct a verification inspection of the project pursuant to section 8, within 30 days of the signing of this agreement and every 6 months thereafter to reflect those new contractors who have arrived on site following previous verification inspections. This verification will determine Barr & Barr, Inc., and contractor compliance with the terms of this agreement. It will also include a comprehensive review of each onsite subcontractor's Safety and Health program for its effectiveness in eliminating the four major construction hazards (falls, electrical, caught in/between and struck-by hazards), and a comprehensive review of the silicosis prevention program to ensure elimination of silica-related hazards. Citations and penalties may be issued, when appropriate, as a result of this inspection. Enforcement verification inspections are performed in accordance with the applicable sections of the OSHA FIRM and other enforcement guidance documents. As such, a focused inspection, concentrating on the project safety and health program/plan, and the four leading hazards in construction: falls, electrical hazards, caught in/between hazards, and struck by hazards may be done where upon initial inspection of the site the OSHA compliance officer (CSHO) determines that the contractor meets the requirements of the Focused Inspection Initiative. Serious hazards may result in the issuance of citations and penalties. Subcontractors who are determined, either by Barr & Barr, Inc., or OSHA, to be outside the aforementioned criteria for inclusion in this partnership agreement will be subject to traditional OSHA inspections and enforcement actions. 8.1.6 Follow-up Inspections - If OSHA issues citations for serious hazards on any inspection conducted at this project during the tenure of this Partnership, OSHA may conduct a follow-up inspection to verify abatement. 9.0 Termination of Partnership Agreement This agreement will terminate on October 1, 2009, which may be extended dependant on the actual completion of the project. If any signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other signatories. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any signatory party may also propose modification or amendment of the agreement. For non-signatory participants of the strategic partnership, OSHA may terminate the participant's involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with a written withdraw to OSHA. 10.0 New York State Department of Labor 21(d) Consultation Services The New York State Department of Labor On-Site Consultation Program will provide resources as necessary and available to support the priority training and technical assistance needs of the participants of this partnership. Such assistance, which is provided only at the request of the employer, may be in the form of onsite or off-site safety and/or health consultations. All consultation findings will be kept confidential, so long as the employers agree to correct any serious hazards that may be identified. There are no costs to the employer for the assistance provided by the On-site Consultation Program under this agreement. 11.0 Signatures Occupational Safety and Health Administration ______________________________ ________ Patricia K. Clark Date Region 2 Regional Administrator _______________________________ ________ Christopher R Adams, CIH, CSP Date Area Director, Syracuse Area Office Barr & Barr, Inc. ____________________________ ________ Thomas D. Barr, Vice President Date Barr & Barr, Inc. ____________________________ ________ Robert DiPaolo, Vice President Date Barr & Barr, Inc ____________________________ ________ James Clavin, Project Manager Date Barr & Barr, Inc. ____________________________ ________ William Gibson, Superintendent Date Barr & Barr, Inc. ____________________________ ________ James V. Manoli, Safety Director Date Barr & Barr, Inc Hamilton College ____________________________ ________ William J. Huggins, Associate Director Date Hamilton College, Physical Plant New York State Department of Labor On-Site Consultation Program ____________________________ ________ Mark Sliker Date Supervising Safety and Health Inspector Murnane Building Contractors ____________________________ ________ James R. Hogel , V President Date J & S Drapery ____________________________ ________ Jeffrey Solomon, President Date Pulver Roofing ____________________________ ________ W Peter Goodspeed , V. President Date Johnson Howard Associates ____________________________ ________ Michael Howard, President Date ____________________________ ________ Jerold Anderson Sr Sr Project Mgr Date Allied Fire Protection ____________________________ ________ David Dodge, V. President Date Otis Elevator ____________________________ ________ Rick Siracuse, Superintendent Date JPW Erectors ____________________________ ________ John A. Meldrum, V President Date ____________________________ ________ Charles F. Tourot, Safety Manager Date H. J. Brandeles ____________________________ ________ Richard Falvo, V President Date Dick Tile ____________________________ ________ George Fredel, Superintendent Date Fred Burrows Trucking ____________________________ ________ Fred Burrows Jr., Principal Date Tag Solutions ____________________________ ________ Brian Perry, Regional Operations Mgr Date Lupini Construction ____________________________ ________ Scott Lupini, V. President Date Winterton Painting ____________________________ ________ Christopher M. Harney, Owner Date ____________________________ ________ Carl VanDresar, Owner Date Huen Electric ____________________________ ________ Don Colvin, V President Date ____________________________ ________ Mike Osborne, Project Manager Date Onondaga Construction Systems ____________________________ ________ Fred Watson, V. President Date
OSHA Strategic Partnership Program Annual Partnership Evaluation Report Cover Sheet
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