Partnership #908 - Agreement - January 3, 2018

DOL Seal

University of Wisconsin – Eau Claire
UW-EC Towers Dormitory Renovations Project

PARTNERING AGREEMENT
BETWEEN

UNITED STATES DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
EAU CLAIRE AREA OFFICE

OSHA Logo

AND
MIRON CONSTRUCTION CO., INC.

Miron Logo

AND
WISCONSIN ONSITE SAFETY AND HEALTH CONSULTATION PROGRAM

WisCon

  1. IDENTIFICATION OF PARTNERS

    Miron Construction Co., Inc. (Miron) and the Eau Claire Area Office of the Occupational Safety and Health Administration (OSHA) recognize the importance of providing a safe and healthful work environment for employees engaged in the construction industry. This OSHA Strategic Partnership Agreement (OSP) at the UW-Eau Claire Towers Dormitory Renovation Project in Eau Claire, Wisconsin, will facilitate the goals of the Occupational Safety and Health Administration (OSHA) to reduce occupational-related fatalities and serious injuries within the construction industry.

    Miron is headquartered in Neenah, Wisconsin, with regional offices in Madison, Wausau, Milwaukee, and Eau Claire, Wisconsin, and Cedar Rapids, Iowa. Miron is recognized on the 2017 "Top Contractors" list by ENR (Engineering News-Record) Midwest, which is based on construction contracting-specific revenue. Miron is also the Official Provider of Construction Services for the Green Bay Packers and Lambeau Field. For more information, please visit www.miron-construction.com.

    Miron provides construction services to the following markets: healthcare, commercial/office/retail, hospitality/entertainment, educational, religious, governmental, community, environmental, power/renewable fuels, food processing, pulp and paper, and general industrial.

    The groups listed below have developed this OSP agreement jointly with a common objective to provide a safe and healthy environment for all at the UW-Eau Claire Towers Dormitory Renovation Project. It is the intent of this agreement to focus their combined expertise and knowledge to promote safety and encourage all workers on site to do their part in achieving the same.

    • Miron Construction Co., Inc.
    • U.S. Department of Labor/Occupational Safety and Health Administration – Eau Claire Area Office
    • Wisconsin Onsite Safety and Health Consultation Program

    All contractors and/or subcontractors working at this site agree to participate in the partnership agreement.

    • All City Elevator, Inc.
    • Austad and Son, Inc.
    • Automatic Entrances of WI
    • Century Fence Company
    • Chippewa Concrete Service
    • Fireside Hearth & Home
    • Hamilton Benchmark Inc.
    • Macco's Commercial Interiors
    • Mavo Systems Wisconsin LLC
    • Muza Sheet Metal Co. Inc.
    • North American Mechanical Inc.
    • Overhead Door Co. of the Chippewa Valley Inc.
    • P&P Artec Inc.
    • Par Loc Inc.
    • Quality Roofing Inc.
    • RTL Construction Inc.
    • Ryan Jack Painting Company Inc.
    • Sids Sealants
    • Simmons Building Products
    • Skid Steer Guy
    • Summit Fire Protection Co.
    • Van Ert Electric Co. Inc.
    • Zimmerman Plumbing Inc.

    Additional voluntary participants in this partnership agreement.

    • AON Risk Solutions
    • International Brotherhood of Electrical Workers #14
    • International Union of Elevator Constructors Local #9
    • International Union of Operating Engineers, Operating Engineers Local #139
    • Carpenters Local #1074
    • Sprinkler Fitters Local #669, District 31

  2. PURPOSE/SCOPE

    The purpose of this partnership is to provide a safe and healthful work environment for employees involved in the construction industry. Miron is committed to preventing serious accidents and fatalities during the demolition, remodeling and construction of the UW-Eau Claire Towers Dormitory Renovation Project in Eau Claire, Wisconsin, through increased training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.

    The UW-Eau Claire, Towers Hall is a dual tower, ten story residence hall that was originally constructed in 1966 on the upper campus of UW-Eau Claire. The two towers currently house 1,341 students (630 in the South Tower and 711 in the North Tower). This project will renovate common areas, bathrooms (including providing ADA accessibility), programmatic areas on the basement and first floor levels, refurbish existing elevators and new construction of roof top penthouses for mechanical equipment. The project will include a small addition at the lower level and first floor to provide better entry and security functionality, and improve access to the lower level. The exterior envelope will be repaired as needed, and all existing sealant joints will be replaced. The exterior windows will be replaced. All HVAC systems will be replaced/upgraded, and air conditioning will be added throughout to meet demands of summer conferences. All plumbing, electrical and IT systems will be renovated to current standards. Finishes and lighting will be upgraded in the corridors and public areas.

  3. GOALS/STRATEGIES

    The overall goal of the partnership is to create a working relationship that focuses on preventing work-related fatalities, eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. Specific responsibilities for contractor compliance and involvement in the partnership for compliance, site audits, partnership improvements, and evaluations of partnership modifications and achievements are delineated in Section X of this document. Responsibilities are delineated for Miron, OSHA, WI On-Site Safety and Health Consultation Program, insurance risk consultants and Trade Unions.

    GOALS

    STRATEGIES

    MEASURES
    1) Maintain a project-wide injury and illness rate, which is 25% below the 2015 BLS Total Recordable Case (TRC) rate of 3.5 and Days Away from Work, Restricted or Transfer (DART) rate of 2.0 for the construction industry (NAICS 23). Establish proactive measures for the common hazards found at construction sites.
    1. Provide all necessary engineering controls, administrative controls, and personal protective equipment.
    2. Provide a comprehensive Job Site Safety Orientation for all workers prior to allowing them to work on site.
    1. Miron will collect and calculate the following injury and illness data on a monthly basis for comparison to the national average:
      • Total Recordable Case rate (TRC)
      • Days Away/Restricted or Transfer rate (DART)
    2. Miron will compare the site's TRC and DART with the 2015 BLS data published TRC rate of 3.5 and DART rate of 2.0 for construction (NAICS 23).
    2) Promote cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.
    1. Conduct daily Safety, Quality, Production (SQP) huddles and stretches, identifying tasks, conditions and standards, and discussing potential hazards.
    2. Conduct weekly toolbox safety meetings.
    3. Conduct OSHA-10 courses at this project. These classes are available to all employees working on site.
    4. Keep open-door safety policy and encourage hazard reporting.
    5. Conduct hazard analysis during Pre-Task Safety Planning.
    6. Ensure worker participation in safety committee.
    7. Weekly project-wide stand-down meetings.
    1. Document discussion on SQP excellence huddle form or photo of work board and store in project file.
    2. Minutes of toolbox meeting will be used to track and document attendance.
    3. Course rosters will be used to track number receiving training.
    4. Track incoming safety issues, suggestion forms, and complaints and their resolution.
    5. Retain pre-task work sheets
    6. Retain attendance rosters for safety committee meetings
    7. Document attendance and topics for stand-downs
    3) Identify and prevent the most common causes of workplace injuries and illnesses in the construction industry, including, but not limited to, falls, electrical safety, struck-by, caught in/between, silica, asbestos, lead, carbon monoxide, heat stress, cranes, and noise.
    1. Implement a six-foot fall protection rule for the project.
    2. Work with window subcontractor and all stakeholders to ensure safe work practices for high reaching aerial boom lift or swing scaffolding.
    3. Implement an assured grounding conductor program for all temporary and permanent wiring, along with the use of ground fault circuit interrupters (GFCI).
    4. Endorse 100% hand protection for all contractors on site.
    5. Conduct site audits and daily site walk-through.
    6. Weather alerts and monitoring as appropriate.
    7. The use of personal entertainment or electronic devices is not allowed on the worksite.
    8. Implement silica exposure control program with integrated engineering controls for every task with potential exposure to silica dust using additional administrative/PPE controls as required.
    9. Comply with all Federal and State requirements regarding the removal and disposal of asbestos continuing materials on site.
    10. Train workers and comply with lead removal work practices and procedures program for removing lead shower pans in the existing restroom facilities.
    11. Area carbon monoxide monitoring is conducted when a combustion co emitting source is used inside an enclosed area.
    1. Review six foot fall protection requirements with all workers on site and document training on the site orientation forms
    2. Document preplanning and aerial lift/swing scaffolding reviews with all affected contractors.
    3. Document compliance of assured grounded program for each contractor quarterly on the assured grounding certification letter
    4. Crew leadership will conduct daily personnel preconstruction checks and inspection (PCI/PCC) to ensure availability and use of proper clothing and PPE.
    5. Preplan site safety personnel will conduct daily, weekly, and monthly audits to ensure that the most common hazards are addressed.
    6. Weather will be tracked for the number of alerts and number of times the site modified work practices.
    7. Use OSHA log 300 to track the number of work-related injuries and illnesses and perform trend analysis.
    8. Conduct silica exposure monitoring for bathroom tile demolition and other task as determined.
    9. Review, monitor and document all asbestos removal activities on site.
    10. Retain the rosters and number of workers trained on lead sheet abatement
    11. Monitor carbon monoxide levels and take corrective actions when levels are elevated. At no time will levels above 35 ppm be allowed.
    4) One hundred percent (100%) of contractors and subcontractors to have site-specific comprehensive written safety and health programs.
    1. Written safety and health programs will be required for all contractors, subcontractors, and tier-subcontractors.
    2. WisCon will review and assist all contractors with to develop or improve safety programs.
    1. Miron will require and maintain copies of all contractors', subcontractors', and tier-subcontractors' safety and health programs.
    2. WisCon will review all contractor programs.
    5) Electronic (tablet)-based inspection documentation will be used at the worker level to document worksite hazards during the weekly walk-around audit, along with the ability to research the correct answer.
    1. Training materials can be in the form of videos, PowerPoints, and/or documents. The information should be developed in various formats to take advantage of web postings, conferences, and social media.
    1. Miron will develop training material(s) in the effective use of the electronic (tablet) worksite inspection process for other contractors and workers.
    6) Electronic (tablet)-based inspection documentation will be used at the worker level to document worksite hazards during the daily project site audit.
    1. When contractors are working on site, they will participate in a daily project site audit that will be conducted by one contractor per day.
    1. Miron will provide the tablet and training on how to use the tablet. Additionally, Miron will develop and maintain the rotating daily schedule that will assign a specific contractor to perform the daily audit.

  4. SAFETY AND HEALTH MANAGEMENT SYSTEMS

    The Safety and Health Management System (SHMS) is a critical part of this OSP agreement in that it is an important aspect of collaboration between the project management team, supervisors, and the workers on site. This SHMS will include, but not be limited to, the following core elements:

    Management Leadership Roles

    Miron will implement an SHMS patterned after OSHA's "Recommended Practices for Safety and Health Programs in Construction" that will encourage partnering employers to commit a high level of worker involvement to assist in monitoring and identifying jobsite hazards on a continual basis to prevent accidents. The SHMS will be implemented at the initiation of the partnership and continue to be implemented during the entire duration of the partnership.

    https://www.osha.gov/shpguidelines/docs/
    8524_OSHA_Construction_Guidelines_R4.pdf

    Worker Participation

    The workers will be encouraged to report jobsite hazards and bring all potential hazards to the attention of Miron and/or supervisors if discovered for immediate response and correction. This will be encouraged in the following ways:

    • Miron will hold a Job Site Safety Orientation with each worker prior to work on site.
    • Miron will provide a system to allow workers to report potential jobsite hazards to Miron and/or supervisors upon discovery and stop work if necessary. Miron will require all workers to attend weekly stand-down meetings.
    • Miron will participate in monthly safety audits and provide all subcontractors on site with a copy of the safety audit reports for use in discussion with workers during toolbox talks.
    • Daily project site audits will be performed by all subcontractors on a rotational basis by supervision. The site superintendent will provide a schedule at the beginning of each month.
    • All subcontractors, with one of their non-supervisory workers, will conduct the weekly "I-Audit" inspection of the jobsite with the I-Pad® on a rotational basis. Training will be provided by Miron.
    • All subcontractors with more than five workers on site in the previous month will participate in the site monthly safety committee meeting.

    Hazard Identification and Assessment

    This project will focus on safety at all times and Miron will enforce jobsite safety compliance to OSHA standards including, but not limited to, the following ways:

    • Miron will conduct daily site inspections and review all subcontractors, workers, and site conditions for safe practices.
    • Miron will take immediate action to correct any unsafe conditions.
    • Miron will continually monitor all workers, visitors, and others entering the worksite to ensure safe conditions throughout the worksite.

    Hazard Prevention and Control

    Miron considers Hazard Prevention and Control a process requiring continual efforts of monitoring and identifying jobsite hazards and taking corrective actions to maintain a safe and healthy jobsite at all times.

    • Miron or responsible contractor will ensure that hazard correction procedures are in place.
    • Miron or responsible contractor will ensure that everyone knows how to use and maintain personal protective equipment.
    • Miron or responsible contractor will make sure that everyone understands and follows safe work procedures.

    Education and Training

    Miron understands that providing workers with an understanding of hazard recognition and control, and actively involving them in the process, can help to eliminate hazards before an incident occurs.

    • Miron or the responsible contractor will ensure only properly authorized and instructed employees should be allowed to do any job.
    • Miron or the responsible contractor will ensure workers do not do a job that appears to be unsafe.
    • Miron or the responsible contractor will ensure that supervisors are trained to recognize hazards and understand their responsibilities.

    Program Evaluation and Involvement

    Miron understands that once a safety and health program is established, it should be evaluated to verify that it is being implemented as intended. After that, employers should periodically, and at least annually, step back and assess what is working and what is not, and whether the program is on track to achieve its goals.

    • Control measures are periodically evaluated for effectiveness.
    • Processes are established to monitor program performance, verify program implementation, and identify program shortcomings and opportunities for improvement.
    • Necessary actions are taken to improve the program and overall safety and health performance.

    Communication and Coordination for Employers on Multi-employer Worksites

    Miron considers effective communication and coordination among contractors and their workers critical to a safe workplace.

    • General contractors, contractors, and staffing agencies commit to providing the same level of safety and health protection to all employees.
    • General contractors, contractors, subcontractors, and staffing agencies communicate the hazards present at the worksite and the hazards that contract workers may create on site.
    • General contractors establish specifications and qualifications for contractors and staffing agencies.
    • Prior to beginning work, general contractors, contractors, and staffing agencies coordinate on work planning and scheduling to identify and resolve any conflicts that could impact safety or health.

  5. WORKER INVOLVEMENT

    • Miron will ensure workers and/or their representatives are involved with daily and monthly site inspections.
    • Miron will ensure workers and/or their representatives participate in monthly safety meetings as well as report any near miss or unsafe conditions.
    • Miron will provide support to all workers and/or their representatives by providing feedback on risks and assisting them in eliminating hazards. The weekly stand down meeting is the vehicle for open dialogue and feedback.

  6. PERFORMANCE MEASURES

    Performance measures as outlined in section III will be used to assess the effectiveness of the partnership. Miron will gather and track data for the performance measures and share the information with OSHA and other partners.

  7. EVALUATION

    The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format measurement system, as specified in Appendix C of OSHA Directive CSP 03-02-003.

    It will be the responsibility of Miron to gather required data to evaluate and track the overall results and successes of the partnership program. This data will be shared with OSHA and the Wisconsin Onsite Safety and Health Consultation Program.

    OSHA will conduct, write, and submit the annual evaluation with input received from the partners.

  8. VERIFICATION PROCEDURES

    OSHA will conduct one unannounced enforcement verification inspection each year for the term of the project. These inspections will be conducted through normal enforcement inspection activity. Inspections conducted in response to reported accidents, complaints, Local Emphasis Programs, or referrals will qualify as the enforcement verification inspection if, in addition to addressing the accident/complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite. These inspections include the potential for issuing citations and assessing penalties for violations.

    Miron and its subcontractors will remain subject to OSHA inspections and investigations in accordance with agency procedures.

  9. INCENTIVES

    OSHA's Field Operations Manual details opportunities available during citation/case settlement for all employers who undergo onsite enforcement inspections. These opportunities are also available for partnering companies participating in the OSP program.

  10. OSP MANAGEMENT AND OPERATION

    Miron and its subcontractors, in association with the U.S. Department of Labor/Occupational Safety and Health Administration – Eau Claire Area Office, Wisconsin Onsite Safety and Health Consultation, insurance risk consultants and all listed unions, will form a partnership committee to monitor the implementation of this Agreement. It will consist of a representative from each of the designated partners. Miron will serve as the chairperson and as OSHA's primary contact. The committee will review contractor compliance and involvement in the partnership; analyze jobsite audits; make partnership improvements; and evaluate partnership modifications, achievements, and success.

    Miron will:

    • Implement Miron's comprehensive safety and health programs, which include
      1. management commitment and employee involvement,
      2. hazard analysis,
      3. hazard control, and
      4. worker education and training.
    • Mentor subcontractors who have not yet developed their own safety and health program and, if necessary, refer them to OSHA and/or On-Site Consultation for assistance.
    • Enforce 100% fall protection for all fall hazards over six (6) feet.
    • Participate in the National Safety Fall Protection Stand-Down.
    • Share the responsibility for overseeing site safety, serving as a point of contact, and overseeing the partnership goals.
    • Ensure daily safety audit is conducted.
    • Ensure that all subcontractors participate in jobsite safety meetings/toolbox talks on a weekly basis and document all attendance and topics.
    • Submit monthly accident reports to the partners, including first aid, injury, property damage, and near-miss reports.
    • Onsite non-enforcement verification reviews will be conducted as part of the monthly partnership meeting. A union representative can choose to be part of the inspection group. If non-compliant activity or hazards are discovered, immediate correction is required. Miron will document the corrective action taken, and share this information during the quarterly update meetings. A referral for an enforcement inspection will be made if management refuses to correct a serious hazard identified during the non-enforcement verification visit.
    • Allow OSHA access to the site during inspection activities (monitoring and un-programmed activities such as fatalities and employee complaints).
    • Audit the partnership and make recommendations for improvement.
    • Share and make available to all workers jobsite inspections and near-misses incidents.
    • Require the use of appropriate personal protective equipment by all entering the worksite. Appropriate personal protective equipment will include leather work shoes/boots (dress shoes, tennis shoes, and any other types of shoes are not allowed on site), ANSI-approved hardhats, eye protection and high-visibility reflective vests or high-visibility clothing as a minimum, will be worn at all times on the worksite.

    OSHA will:

    • Participate in the monthly site audit inspection.
    • Designate an Eau Claire Area Office contact to be used as a resource for technical issues, and who will be available to assist with safety and health training/toolbox meetings.
    • Review Miron safety and health self-audits.

    On-Site Safety and Health Consultation Programs will:

    • Appoint a representative to the Committee.
    • Participate in monthly safety audit(s).
    • Provide/assist in training as resources permit.
    • Provide industrial hygiene and safety consultation services upon request.

    Trade Unions will:

    • Represent all unions affiliated with the work trade scopes of this project.
    • Assist in trade jurisdiction and work requirements and can offer additional OSHA-certified safety training to their respective union members.
    • Assist in planning and implementation of all safety and health management systems.

  11. WORKER AND EMPLOYER RIGHTS

    This partnership does not preclude employees and/or employers from exercising any rights provided under the OSHA Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

  12. OSP TERM

    This agreement will terminate on June 1, 2019, or at the completion of construction activities if that occurs sooner. If any signatory of this agreement wishes to terminate its participation prior to the established termination date, written notice of the intent to terminate must be provided to all other signatories.

    If OSHA chooses to terminate its participation in the partnership, the entire agreement is terminated.

    Changes to the OSP agreement may be implemented in writing if all parties are in agreement that it is in the best interest of all members involved.

  13. SIGNATORIES

    United States Department of Labor
    Occupational Safety & Health Administration

    Based upon a mutual interest to protect construction workers, the parties below agree to the above terms on the Miron Construction / OSHA Partnering Agreement for the UW-Eau Claire Towers Dormitory Renovation Project in Eau Claire, Wisconsin.

    Signed this ____th day of ___________, 2017

 

OSHA Logo

OSHA, Eau Claire Area Office – Area Director

Signature:

 

Printed Name: Mark Hysell

Miron Construction Co., Inc.

Miron Construction Co., Inc.

Signature:

 

Printed Name: David Voss, Jr.

Miron Construction Co., Inc.

Miron Construction Co., Inc.

Signature:

 

Printed Name: Kevin Hildebrandt

 

Wisconsin Onsite Safety and Health Consultation Program

Wisconsin Onsite Safety and Health Consultation Program

Signature:

 

Printed Name: Steve Strebel

AON Risk Solutions

AON Risk Solutions

Signature:

 

Printed Name:

Miron will contact and verify unions that are involved.

Union Representation

International Brotherhood of Electrical Workers #14

International Brotherhood of Electrical Workers #14

Signature:

 

Printed Name: Mark S. Lauer

International Union of Elevator Constructors Local #9

International Union of Elevator Constructors Local #9

Signature:

 

Printed Name: Dave Aaserud

 

International Union of Operating Engineers, Operating Engineers Local #139

International Union of Operating Engineers, Operating Engineers Local #139

Signature:

 

Printed Name: Herb Krausy

Carpenters #1074

Carpenters #1074

Signature:

 

Printed Name: Steve Mann

Sprinkler Fitters Local #669, District 31

Sprinkler Fitters Local #669, District 31

Signature:

 

Printed Name: Dan Driebel

Subcontractors

All City Elevator, Inc.

All City Elevator, Inc.

Signature:

 

Printed Name: Sean Stoll

 

Austad and Son, Inc.

Austad and Son, Inc.

Signature:

 

Printed Name: AJ Lowrey

Automatic Entrances of WI Inc.

Automatic Entrances of WI Inc.

Signature:

 

Printed Name: Brent Johnson

 

Century Fence Company

Century Fence Company

Signature:

 

Printed Name: Mike Crapp

 

Chippewa Concrete Services

Chippewa Concrete Services Inc.

Signature:

 

Printed Name: Barry Bohman

Fireside Hearth & Home

Fireside Hearth & Home

Signature:

 

Printed Name: Matt Gullerud

Hamilton Benchmark Inc.

Hamilton Benchmark Inc.

Signature:

 

Printed Name: Gary J. Hamilton

 

Macco's Commercial Interiors

Macco's Commercial Interiors

Signature:

 

Printed Name: Jim Macco

 

Mavo Systems Wisconsin LLC

Mavo Systems Wisconsin LLC

Signature:

 

Printed Name: Gary Schneider

 

Muza Sheet Metal Co. Inc.

Muza Sheet Metal Co. Inc.

Signature:

 

Printed Name: Sam Blanck

North American Mechanical Inc.

North American Mechanical Inc.

Signature:

 

Printed Name: Melody Doyle

 

Overhead Door Co. of the Chippewa Valley Inc.

Overhead Door Co. of the Chippewa Valley Inc.

Signature:

 

Printed Name: Tim White

P&P Artec Inc.

P&P Artec Inc.

Signature:

 

Printed Name: John Andreacchi

 

Par-Loc Inc.

Par-Loc Inc.

Signature:

 

Printed Name: Norm Gutsch

 

Quality Roofing Inc.

Quality Roofing Inc.

Signature:

 

Printed Name: Lucas Kramer

 

RTL Construction Inc.

RTL Construction Inc.

Signature:

 

Printed Name: Jake Lilienthal

 

Ryan Jack Painting Co., Inc.
"Impressions last forever!"

Ryan Jack Painting Co., Inc.

Signature:

 

Printed Name: Ryan R Jack

OSHA Logo

Sids Sealants

Signature:

 

Printed Name: Dwight Drescher

 

Simmons Building Products

Simmons Building Products

Signature:

 

Printed Name: Paul Simmons

 

Skid Steer Guy

Skid Steer Guy

Signature:

 

Printed Name: Mitch Horvat

Summit Fire Protection Co.

Summit Fire Protection Co.

Signature:

 

Printed Name: Greg Richard

 

Van Ert Electric Co. Inc.

Van Ert Electric Co. Inc.

Signature:

 

Printed Name: Tim Jones

Zimmerman Plumbing Inc.

Zimmerman Plumbing Inc.

Signature:

 

Printed Name: Kraig Windus

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