- IDENTIFICATION OF PARTNERS
The San Antonio International Airport Project (SAIA Project) is the demolition
and new construction of airport terminal 2. The resulting terminal will
encompass 300,000 square feet. The anticipated completion date for this project
is December 2011.
In June 2007, the City of San Antonio chose Clark/Byrne, A Joint Venture as the
Construction Manager at Risk (CMR) for the San Antonio International Airport
(SAIA) Terminal Expansion Program. This project is the single-largest Capital
Improvement project in San Antonio history. This project includes nearly 300,000
square feet of new terminal space, renovation of existing terminal space in
excess of 40,000 square feet, a new Central Utility Plant, and over 9000 linear
square feet of baggage handling systems. Total project costs are estimated at
nearly $200 million. The project will employ about 400 workers during peak
construction activities.
The level of activity needed to complete the project on schedule will
necessitate a cooperative effort to assure that a safe and healthy work
environment is maintained at all times. This partnership will expand OSHA's
reach into this project, allowing OSHA to work with the companies involved to
promote safety programs, management systems, and work methods utilizing the
latest technologies and the safest available methods. This partnership supports
the Agency's Strategic Plan by developing strategies to improve safety and
health in the construction industry.
The partners in this program include:
Clark/Byrne Construction - General Contractor (G.C.),
Occupational Safety and Health Administration (OSHA),
Sub-Contractors working on the SAIA project.
- PURPOSE and SCOPE
This partnership represents a voluntary agreement which affords Clark
Construction an alternative to traditional OSHA enforcement. The purpose of this
partnership is to foster open communication between OSHA, Clark Construction and
the Sub-Contractors working on the project.
- GOALS AND MEASUREMENT
- Injury and Illness rates:
The 2007 Bureau of Labor Statistics (BLS) for Construction (Specialty Trade
Contractors) under the North American Industrial Classification System (NAICS)
code 238000 lists a total recordable case rate of 5.7, and a Days Away from
Work, Job Transfer, or Restriction (DART) rate of 3.0. This partnership will
attempt to prevent construction fatalities and serious injuries by establishing
a foundation of pro-active measures with a goal of reducing injuries and
illnesses by 10% below these 2006 BLS rates. This will be accomplished by:
- Creating a working relationship between OSHA and the partnership
participants,
- Increasing all employees' safety awareness,
- Promoting a cooperative relationship between labor and management to achieve
a safe worksite,
- Developing and providing training necessary to enhance safety awareness and
proactively addressing job-related hazards, and
- Developing, implementing and maintaining effective comprehensive safety and
health programs in accordance with 29 CFR 1926, OSHA interpretations and
guidelines, ANSI Standards and the OSHA multi-employer policy.
Injury and illness rates will be monitored and measured through a project–wide
log of work- related injury and illness, and comparing them to the total number
of man-hours worked at the project. This data will be complied through the
Partnership Committee (the Committee).
- Safety Programs:
The requirement to develop and maintain a safety program (1926.20 and 1926.21)
consistently ranks among the most frequently violated OSHA construction
standards. The importance of safety programs in the development of a safety
culture at a worksite is well established. This partnership will require 100% of
the contractors working on this project to have effective safety and health
programs. This will be accomplished through:
- The development of a site-specific safety program (SSSP) by the G.C.
- Requiring all prime contractors to develop and implement a comprehensive
site-specific safety and health program that will comply with the criteria of
the SSSP and OSHA's safety and health program guidelines; and
- A review of "Prime Contractors'" site-specific safety programs by the G.C. as
a part of the bid-acceptance procedure.
(Note: Within this document, the term "Prime Contractor" identifies any company
at The Project under a contractual agreement with the G.C., and the term "Tier -
Subcontractor" identifies any company at The Project under a contractual
agreement with a prime contractor or another subcontractor.)
Prime Contractors must submit to the Project Safety Manager (PSM) written
confirmation that each of their tier-subcontractor's site-specific safety
programs has been reviewed and meets the requirements of the SSSP, or that the
tier-subcontractor has adopted the prime contractor's program and received
training on the same. This written confirmation must also include verification
that the prime contractor's Safety Representative (SR) will be responsible for
safety issues involving their tier-subcontractors, including weekly audits of
tier-subcontractor worksites and pre-task audits. The prime contractor must
identify the tier-subcontractor's SR, who will perform these duties. These
confirmations will be tracked by the Committee to assure that all contractors
have effective safety and health programs.
Completion and review of contractor safety programs will be monitored through
the Project Safety Manager and their duties as chairperson of the "Committee".
- Safety Audits:
This partnership will implement a comprehensive audit program to ensure that
employees are not exposed to serious hazards. All of the violative conditions
found during these audits will be corrected. The audit program will identify
hazards, and focus on critical activities that generate hazards associated with
falls, electric shock, being caught-in or struck-by equipment or materials. If
serious hazards are identified, immediate correction will be required, or, at
the discretion of the audit team, employees will be removed from the hazard
until abatement is completed. The results of safety audits will be reviewed by
the Committee and recorded in the minutes of the Committee meetings, and tracked
until hazards identified are corrected. Participating contractors will submit
data monthly to OSHA.
- Training:
In addition to any training required by specific OSHA standards or regulations,
and prior to working on the project, all employees will receive job-site
orientation and training on the SSSP. Prime contractors and tier-subcontractors
must also provide to their employees site-specific safety program training. The
training will be documented on the "Employee Information and Training Checklist"
as provided for by the G.C.
Completion of the job-site orientation and the required prime contractor /
tier-subcontractor employee training will be tracked by the G.C., with the goal
that 100 % of employees working on the project will receive this training.
In addition, all employees will also attend weekly "tool box" talks conducted by
their SR, or
designee. As resources permit, and upon a formal request by the PSM, OSHA will
conduct
specific training for employees, safety managers, and/or contractor management
personnel.
The G.C. will help facilitate and sponsor these training sessions, and will
recommend additional
training sessions as appropriate.
The number of employees receiving the initial jobsite orientation and addition
training through the partnership will be measured by the PSM and OSHA
representative on the Committee.
- PARTNERSHIP EVALUATION
This partnership will include an annual partnership evaluation to determine
whether modifications are needed, and to review the status. The evaluation will
be completed by the PC. The evaluation will follow OSHA Directive CSP 03-02 002
(TED 8-0.2, OSHA Strategic Partnerships for Worker Safety and Health, Appendix
C). All required data to monitor the success of the partnership goals will be
submitted at least monthly to the PC. The evaluations will be completed annually
on the anniversary date of the signing of the partnership agreement.
- Benefits
All stakeholders will benefit from this partnership, and OSHA's involvement.
Contractors on the project will be eligible for incentives during the
verification inspections, including penalty reductions for OSHA citations (25%
good faith, 15% quick fix); focused inspections; and maximum resolution of
complaints through investigation (phone/fax) in lieu of on-site inspections.
- VERIFICATION
OSHA will conduct two verification inspections during the life of the project.
These inspections will follow the "Focused Inspection" protocol and be conducted
consistent with the provisions of paragraph IX.H.3 of OSHA TED 8-0.2 by a
compliance officer that is familiar with this partnership. 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 will qualify as a verification inspection if, in
addition to addressing the complaint/referral item(s), the compliance officer
completes the focused inspection protocol for the entire worksite. All employee
rights under the OSH Act will be afforded.
- Management and Operation
The SAIA Partnership Committee (the Committee) will consist of one
representative from each of the partners listed above. The Committee will review
contractor compliance and involvement in the partnership, analyze job-site
audits, make partnership improvements, evaluate partnership modifications,
achievements, and success, and will ensure that specific safety measurements
comply with OSHA regulations which control. Specifically, the partners will do
the following:
OSHA, Austin/San Antonio Offices:
- Provide a representative for the Committee.
- Monitor the audit process, advise and assist the audit team.
- Attend a minimum of one Committee meeting every three months.
- Assist with safety and health training, and provide additional technical
assistance.
- Assist in data collection and data review.
- Conduct verification inspections.
Clark Construction – General Contractor:
- Develop the site-specific safety manual.
- Designate a Project Safety Manager (PSM) to oversee the project, and
serve as chairperson of the Committee,
- Schedule and conduct monthly safety audits, and monthly Committee
meetings,
- Collect and summarize data for the Committee, including a job-site log of
injuries and illness equivalent to the OSHA 300, a list of tasks requiring a
"competent person" (CP), and identity of the competent persons designated by the
prime or tier-subcontractors, weekly contractor and monthly site audits, and
near-miss reports.
Participating Sub-Contractors
- Appoint a member to the Committee.
- Participate in the monthly safety audits.
- Attend monthly Committee meetings.
- SAFETY AUDITS
Audit Team
- The Audit Team will consist of the PSM and one representatives from each
partner identified in Section II.
- Each month available members of the Audit Team will conduct an audit of
the worksite. Upon invitation by the PSM; additional SRs and/or union stewards
from contractors at the site may participate in the monthly audit.
- Following the audit, the Team will meet to discuss the results of the
audit, safety issues, and near miss reports.
- The audits and meetings will be scheduled by the PSM, and will be
completed in a reasonable time frame. The PSM may invite representatives of
additional contractors to attend the post-audit meeting and discuss the audits
and hazard abatement.
- SRs will ensure that their employees are informed of this information
through weekly toolbox discussions.
OSHA will not play an active role in the on-site audits, but commits to
participate in a minimum of one audit meeting every three months for the
duration of the partnership. The PSM will forward minutes from the monthly
safety audits to OSHA for its review.
Prior to the monthly site audits, the pre-task audits for that day will be
reviewed. Pre-task audits and near miss reports will be used to target specific
areas during monthly audits.
- SAFETY MANAGEMENT
The SSSP shall require each prime contractor engaged in work activity to have a
designated Safety Representative (SR) on site. Additional qualifications and
requirements for contractors to have full time SRs will be determined by the PSM
and the SSSP.
Prime contractors have responsibility for the safety of their tier-contractors.
This provision does not alleviate tier-subcontractors from their responsibility
for the safety of their employees.
- SITE-SPECIFIC SAFETY PROGRAM (SSSP)
Effective workplace safety and health programs are self-sustaining systems that
encompass at least four main criteria: A) management leadership and employee
involvement; B) worksite analysis; C) hazard prevention and control; and D)
safety and health training. This partnership supports this ideal as identified
in the goal statements. The written SSSP shall include the following site
requirements:
- Daily safety inspection will be performed by the contractors Safety
Representatives (SR).
- Completion of a Pre-Phase Safety Plan and Job Hazard Analysis for each phase
of work, and submitting these documents to the PSM.
- Contractors will ensure that employees are protected by the use of Ground
Fault Circuit Interrupters (GFCI) at all times.
- Appropriate protection shall be provided for all trench and excavation work.
- Scaffolding over ten feet in height will have guardrails. Prior to use, all
scaffolding will be checked daily by the contractor's competent person (CP).
- All machines shall be properly guarded against caught in/between hazards.
- When on site, all employees will be required to wear appropriate personal
protective equipment (PPE), such as hardhats and eye protection (with side
shields) meeting ANSI standards.
- All cutting of individual bricks and concrete blocks, and, where feasible, all
other cutting of concrete will be done using "wet" methods to prevent silica
exposure.
- All cranes on site will be identified as contractor-owned and operated, or
leased through a rental agreement that includes the operator or bare rental
(does not include the operator).
- All cranes on site will have a current inspection certification.
- Whenever a crane is used at the site, a CP will be identified, and the PSM
will confirm that this person understands and accepts the duties of the CP.
Formal channels of communication must be established between the operator and
CP. Clark Construction's Safety Program will address the crane and operator
requirements.
- EMPLOYEE INVOLVEMENT AND EMPLOYEE RIGHTS
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.
Employees will be involved in the day-to-day implementation of work-site safety.
Contractors will participate in safety audits and briefings, and will ensure
that their employees are kept apprised of safety and health issues on the site.
The SSSP will include a system for employees to report hazards and near-misses.
- TERMINATION
This agreement shall be in effect until December 31, 2011, or upon 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 party may also propose modification(s) or
amendment(s) to the agreement.
Other signatories to this agreement may terminate their participation by
providing written notice to all other partners. However, such terminations shall
not dissolve the Partnership. Only OSHA and the GC may terminate the
Partnership.
- Signatures
Signed this day, August 20th, 2009
Rupert Chavez
Assistant Area Director
U.S. Department of Labor – OSHA |
Lawrence Lopez
Senior Safety Manager
Clark/Byrne AJV Construction |
Gary Page
Construction Executive
Clark/Byrne AJV Construction |
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Mr. Eric S. Harbin
U.S. Department of Labor – OSHA
1033 La Posada Drive, Suite 375
Austin, TX 78752
Dear Mr. Harbin,
__(Employer Name)___ is a Subcontractor on the SAIA Project. We are committed to
developing a comprehensive safety and health program that will involve employees
at all levels. It is our goal to include the employee in safety and health
inspections, and safety and health program analysis.
__(Employer Name)___ will focus our efforts on providing safety and health
training to our employees in the four areas where most accidents occur in the
construction industry: falls, struck by, caught in between and electrocutions
hazards. To accomplish this goal, we will utilize the safety professionals to
assure that we will keep records of all injuries occurring in the work place,
conduct inspections of the work place and provide training to all employees. It
is our intent to join the SAIA Project partnership.
Signature
Title
Company Name
Date
SELF INSPECTION
Name of Project SAIA
Inspection Date(s): ____________________________
Total number of employee's on-site _______________
Accident Information:
Number of lost time cases __________
Number of restricted cases __________
Hazards identified and corrected:
Falls _____________
(floors, platforms, roofs)
Electrical _____________
(overhead power lines, power tools and cords, outlets, temporary wiring)
Struck By _____________
(falling objects and vehicles)
Caught-in/Between _____________
(cave-ins, unguarded machinery, equipment)
Other hazards _____________
Inspection Conducted by: ________________________________
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