RSS Feeds   Print This Page   Decrease Text Size Increase Text Size Text Size   
<<< Back to Region VI Link to Printing InstructionsPrinting Instructions

PARTNERSHIP AGREEMENT

BETWEEN

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

AND

PARTICIPATING CONTRACTORS AT THE CATERPILLAR PROJECT

The Occupational Safety and Health Administration (OSHA) agrees to a partnership with participating contractors at the Caterpillar Project to enhance workplace safety and health through the strategy of implementing fully written safety and health programs at the Caterpillar Project, located in Seguin, TX. This partnership opportunity is also extended to all employers on the Caterpillar Project site that would wish to join. The overall goal of the partnership will be to reduce serious injuries and illnesses one percent per year and to reduce the occurrence of the four major hazards in the categories of falls, electrocutions, struck-by and caught-between ten percent per year. Measurements will be obtained from OSHA 300 logs and self inspections. Signatory participating contractors who are willing to accept this program will receive OSHA assistance and annual on-site enforcement inspections (in accordance with approved protocols) in lieu of programmed inspections.

The Caterpillar Project is to construct an 800,000 square foot diesel engine manufacturing plant located on 150 acres in Seguin, Texas. Burton Construction Company is the General Contractor on the site. The site will employ approximately 350 total employees. Trades represented at the site include electrical, mechanical, pre-cast concrete, and steel erection contractor, roofing, waterproofing, painting and fire protection.
  1. BACKGROUND

    The hazards associated with the construction industry are well documented. Construction activities involving multi-employers have added complexities. The partners’ goals are to reduce and/or eliminate these hazards. In this regard, the partners recognize the importance and value of exerting leadership by bringing their respective skills to bear in a cooperative, focused, voluntary effort to ensure a safe and healthful environment for all personnel involved.

    To facilitate OSHA’s goal of reducing occupational-related fatalities and serious injuries in the construction industry, as outlined in the Agency’s strategic plan, OSHA and contractors at the Caterpillar Project have agreed to the joint implementation of this partnership.

     
  2. GOALS

    The goals of this partnership are to develop contractor/government relationships that will encourage contractors at the Caterpillar project to improve their safety and health performance; to assist them in striving for the elimination of the four major hazards (falls, electrical, caught in/between and struck-by hazards), which account for the majority of fatalities and injuries in this industry; to assist in minimizing and/or eliminating the hazards associated with masonry work sites; to prevent serious accidents during this project through implementation of Safety and Health Management Systems (SHMS) and increased employee training and to include safety training in an employee’s primary language for those employees working in hazardous situations such as the four major hazards.
     
    Goals Strategies Measures
    1) Attain a Total Case Incidence Rate (TCIR) and Days Away Restricted, Transfer Case Incidence Rate (DART) below the 2007 National BLS Average for the NAICS construction code.
         		 a) Develop a system to track and address incidences related to falls, electrical, caught-between and struck by hazards.
    b) Implementation of SHMS     		i) Total employers and employees hours.
    ii) Total case injury and illness rates.
    iii) Participating members will utilize 2008 year to date data as initial baseline for statistical purposes.
    2) Improve SHMS a) Develop criteria for a model contractor SHMS
    b) Provide safety and health training and educational materials to all on-site contractors.     		i) Number of Employees trained.
    ii) Number of Training sessions.
    iii) Total training hours.
    iv) Number of subs (per project) that implemented or improved their SHMS.
     
    3) Develop a program to assist Spanish speaking workers to understand and follow SHMS requirements. a) Develop tools to include but not limited to: bi-lingual project signage, bi-lingual orientation, bi-lingual tool box talks and subcontractor support utilizing bi-lingual foreman and supervision. i) Number of employees safety trained in Spanish.
    ii) Number of safety training sessions in Spanish.
    iii) Total training hours.
    iv) Summary of training evaluations prepared by sub contractors


    Selection criteria for participants:
     
    • Executive Commitment: Participants agree to submit a letter stating executive commitment to develop and maintain a safety and health program for construction projects (and associated staff housing, if applicable). The letter should be from the Chief Executive Officer (CEO) or equivalent. It should make clear such a program is a priority for the CEO and that he (or she) will personally track programs and hold managers accountable for administration of the program. The letter should be addressed to the OSHA Regional Administrator and endorsed by the participating company. A similar letter should be addressed to managers and employees and posted for two months in the workplace. Such letters must also be translated (in writing) in the language of the workers.
       
    • Eligibility: This partnership is available to contractors working on the Caterpillar Project in Seguin, Texas.
       
    • Commitment to Develop a Formal Safety and Health Program. The program will be in writing, will be shared with all employees, will be given to OSHA within 6 months of an employer becoming a member of the partnership, and will address the elements described below:
    Element 1: Employee Involvement

    Management will ensure employee involvement with the safety and health program in each of the following methods:
     
    • Valid ideas and/or recommendations will receive reasonable and timely action. Identified imminent danger hazards (those immediately likely to cause death or serious injury) which are identified by the committee will be immediately corrected by management.
    • An employee representative shall participate in any scheduled safety inspection/audit---unless performed by independent consultants/contractors.
    • Employees will be informed via posted notice of hazards and corrections of any safety/health inspections/audits.
    • Employee representatives will, as a part of their regular duties, be allowed to accompany a compliance officer on any OSHA inspection.
    • Company safety and health programs, inspections/audits, hazard information, and informational safety and health posters will be in the language of affected workers---as well as English.
    • Employees will have the right to submit safety and health complaints or recommendations to management. Valid complaints will be corrected within a reasonable time.
    • Employees will not be discriminated against as a result of participation in the safety and health program, submitting complaints, or exercising their rights under the OSH Act.
    This partnership does not preclude employees and/or employers from exercising any right provided under the OSHA Act nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

    Element 2: Periodic Safety and Health Inspections/Audits
     
    • Company agrees to conduct periodic workplace inspections/audits for the purpose of identifying and correcting safety and health hazards at least monthly.
    • The company may utilize the services of a consultant or contractor to perform these inspections/audits in addition to or in lieu of their own inspection/audit.
    • An employee representative will participate in the inspection/audit of the workplace and staff housing, unless such inspection/audit is conducted by a consultant or contractor.
    • Company agrees to correct all hazards identified in these inspections/audits within a reasonable time.
    Element 3: Training and Education:

    Participating companies agree to:
     
    • Train their workforce (in the language of the workers) in the details of their safety and health program.
    • Train workers on fall protection and prevention of electrocutions, caught-between and struck-by accidents
    • Train select personnel in basic first aid and CPR
    • Train personnel in hazard communications.
    • Make material safety data sheets (MSDSs) available to any requesting employee.
    • Train workers in any other aspects that will enable them to do their jobs safely.
    • Training is to be provided either prior to or at the time of assignment to the Caterpillar Project. New workers are also covered by the training requirement.
    Element 4: Employment of a Safety and Health Professional

    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 affect safety and health corrections and to shut down operations that pose an imminent danger risk.

    Element 5: Recordkeeping Injury/Illness Analysis
     
    • Company will maintain records of recordable injuries and illnesses as required by OSHA.
    • Annual summaries of injuries/illnesses will be posted for the information of workers as required by OSHA.
    • The safety and health official will analyze injury and illness trends to identify work practice improvements or material modifications necessary to prevent accidents.
    • OSHA will collect 300 log data from each company at the time of the annual on site enforcement visit. This data will be used to track overall reduction of injuries and illnesses in order to measure the long term effectiveness of the partnership.
    • Other information collected or reviewed during the annual enforcement visits.
    Element 6: Safety and Health Program Analysis
     
    • The safety and health official will prepare an annual analysis of the company’s safety and health program. This will include a summary of all major hazards found and corrected through inspection and safety committee efforts, those still uncorrected, injury/illness trends, and recommendations for safety and health improvements.
    • The analysis will be submitted to the CEO or equivalent.
       
    Element 7: Cooperation with OSHA
     
    • Participants agree to allow OSHA to conduct an annual on site verification enforcement inspection in accordance with this partnership agreement. These inspections may result in citations and penalties being issued to the company.
    • Participants agree to cooperate with OSHA during all inspections and to share information on its safety and health program, program analysis, recordkeeping data, and internal inspection/audit results.
    • Participants agree to allow an employee representative to participate on OSHA inspections and to allow private interviews with workers.
    • Participants will post notices of imminent danger, when issued by OSHA, and then will immediately correct the hazards or voluntarily remove workers from exposure.
    OSHA Commitment and Partnership Benefits
     
    • So long as the company is meeting the intent of the partnership, OSHA verification inspections will be limited in scope to a review and evaluation of the safety and health program, analysis of injuries, interviews of select employees to verify quality, and then a focused inspection to verify compliance. Obvious hazards will be cited.
    • OSHA will endeavor to support the company in reasonable requested training.
    • OSHA will furnish technical advice, publications and training material to the employer upon request. Such requests will not cause an OSHA inspection.
    • Informal complaints (unsigned) ---participant will have an opportunity to resolve such complaints; however, if corrections are inadequate, an inspection may be made to compel compliance.
    • OSHA will arrange quarterly conference calls amount all active participants in the partnership.
    Partnership Limitations It is stipulated that partnering employers remain subject to OSHA inspections and investigations in accordance with established Agency procedures.
     
    • OSHA will conduct accident investigations.
    • OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer.
    Partnership Review: Partnership agreement will be reviewed in the event of a fatality, catastrophic event, or poor performance identified in an OSHA evaluation. The review will determine whether the agreement will continue.

    Partnership Evaluation: The partnership evaluated by the OSHA Area office on an annual basis, in accordance with established Agency procedures. OSHA may ask that the following information be provided by the company during the on-site verification inspection, for review or collection by OSHA.
     
    • number of and type of safety analysis conducted
    • exposure assessment data
    • number of employee complaints, number of training sessions held, and number of employees and supervisors/managers trained
    • results of safety /health audits and inspections, which may include hazards identified and corrected.
    • documentation of employee involvement, including minutes of safety meeting
    • documentation of communication between management and employees (may include computer memos, feedback on each suggestion, or other appropriate documentation
    • consultation visits received
    • participation in health or safety seminars
    Partnership Management: The individual partnership establishments will be responsible for providing the required data to the OSHA Compliance Assistance Specialist who is working with them on a quarterly basis. Annual evaluations will be completed and submitted in a timely manner to DCSP. Conference calls will be held on a regular basis and face-to-face meetings will be held annually as resources permit.

    Partnership Termination

    This partnership will expire two years from the date of signing, or upon completion of the project, whichever is sooner.

    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 may also propose modification or amendment of the agreement. For non-signatory participants of the strategic partnership, OSHA may terminate the participant’s membership at any time with written notice. Additionally, the participant may withdraw from the strategic partnership at any time with a written notice to OSHA.

    OSHA will terminate the agreement for any sustained willful violation or any sustained failure-to-abate situations.

    OSHA will terminate the agreement for any major identified program discrepancy that is not improved within a reasonable and agreed upon time frame.

    OSHA will terminate the agreement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act.


    Signatures
     


     
    Elizabeth Slatten
    Assistant Area Director

     
    Brad Burton
    PresidentOSHA
    Burton Construction


SELF INSPECTION


Name of Project Lonestar Data Center

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: ________________________________