Partnership #941 - Agreement - April 12, 2019

I-480 VALLEY VIEW BRIDGE
DESIGN-BUILD PROJECT

PARTNERING AGREEMENT
BETWEEN
UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
CLEVELAND AREA OFFICE

AND
WALSH CONSTRUCTION COMPANY II, LLC

AND
LABOR UNIONS
AND
OHIO OSHA ON-SITE CONSULTATION PROGRAM
AND
OHIO BUREAU OF WORKERS' COMPENSATION

1. Identification of Partners

   Walsh Construction Company II, LLC ("Walsh"), Ohio Bureau of Workers' Compensation, Ohio OSHA On-Site Consultation Program ("Ohio On-Site"), and the Cleveland Area Office of the Occupational Safety and Health Administration ("OSHA") recognize the importance of providing a safe and healthful work environment for workers engaged in the construction industry. This OSHA Strategic Partnership Agreement (hereafter referred to as "OSP" or "the partnership") at the I-480 Valley View Bridge Design-Build Project in Cuyahoga County, Ohio, will facilitate the goals of OSHA to reduce occupational-related fatalities and serious injuries within the construction industry.

   The groups listed below have developed this partnership agreement jointly with a common objective to provide a safe and healthful environment for all at the I-480 Valley View Bridge 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.

   • U.S. Department of Labor/Occupational Safety and Health Administration – Cleveland Ohio Area Office
   • Ohio OSHA On-Site Consultation Program
   • Ohio Bureau of Worker's Compensation
   • Walsh Construction Company II, LLC

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

   The following Labor Unions are participants in this partnership agreement (hereinafter, collectively, "Labor Unions":

   • Laborers' International Union of North America, Local 860
   • Indiana/Kentucky/Ohio Regional Council of Carpenters
   • International Union of Operating Engineers, Local 18
   • Iron Workers Local Union No. 17
   • Cement Masons Local 404

2. Purpose/Scope

   The purpose of this partnership is to provide a safe and healthful work environment for workers involved in the construction industry. Walsh is committed to preventing injuries, serious accidents, and fatalities during the demolition, remodeling and construction of the I-480 Valley View Bridge Project in Cuyahoga County, Ohio, through training, implementation of best work practices, enhanced safety and health programs, and compliance with applicable OSHA standards and regulations.

   The I‐480 Valley View Bridge Design‐Build project, CUY‐480‐18.42, includes construction of a third bridge to convey I‐480 traffic over the Cuyahoga River Valley. The new structure will be four lanes wide and will be positioned between the two existing structures. The bridge will be approximately 4,100 feet long, contain 15 spans, and will have a similar roadway elevation as the adjacent bridges. The bridge will span up to 200 feet above the Cuyahoga River Valley between the City of Independence, Ohio, Village of Valley View and the City of Garfield Heights, Ohio. The structure will cross over the Cuyahoga River, Cleveland Metroparks Ohio and Erie Canal Reservation and Towpath Trail, West Canal Road, Ohio Canal, Canal Road, vacant land, and portions of industrial parcels within the valley. Following construction of the new center structure, the existing eastbound and westbound bridge decks will be rehabilitated by removal and replacement in two phases. Along with deck replacement on the existing bridges, miscellaneous structural steel retrofits and substructure concrete repairs will be performed. There are projected to be about 70 workers onsite during this project. The project is valued at approximately $228,000,000 with an anticipated final completion date of June 30, 2024.

3. Goals/Strategies

   The overall goal of the partnership is to create a working relationship that focuses on preventing work-related fatalities, reducing serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. Specific goals 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. Goals are delineated for Walsh, OSHA, Ohio OSHA On-Site Consultation Program, Ohio Bureau of Worker's Compensation, and Labor Unions.

   These tables are best viewed on tablets, notebooks, or desktop computer screens.

   Goals	Strategies	Measures
   1) Maintain a project-wide injury and illness rate, which is 25% below the 2017 BLS Total Recordable Case (TRC) rate of 3.2 and Days Away from Work, Restricted or Transfer (DART) rate of 1.9 for the construction industry (NAICS 237300).	Establish proactive measures for the common hazards found at construction sites. Provide engineering controls, administrative controls, and personal protective equipment. Provide a comprehensive Job Site Safety Orientation for all workers prior to allowing them to work on site.	Walsh will collect and calculate the following site specific 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) Walsh will compare the site's TRC and DART with the 2017 BLS data published TRC rate of 3.2 and DART rate of 1.9 for construction (NAICS 237300).
   2) Promote cooperative relationship between labor and management and encourage employee participation to achieve a safe and healthful workplace.	Conduct daily safety briefings through Task Hazard Analyses (THAs). Conduct weekly toolbox safety meetings, involving management, and craft. Keep open-door safety policy and encourage hazard reporting. Conduct hazard analysis for each scope of work during Pre-Task Safety Planning. Ensure participation in safety committee. Conduct weekly work-coordination meetings, and communicate safety information and issues. Management will participate in the Review Employee's Actions and Performance (REAP) program, a behavioral based program	Document discussions on weekly safety toolbox huddle form or photo of work board and store in project file. Minutes of toolbox meeting will be used to track and document attendance. Employees are encouraged to bring up any safety concerns to any member of management. Work plans created which address health and safety concerns associated with work scopes. Union stewards made a part of safety committee. Weekly coordination meetings held with safety items on agenda. Field managers perform one REAP intervention per week and document.
   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, lead, carbon monoxide, heat stress, cranes, and noise.	Implement and enforce a six-foot fall protection requirement throughout the Project Work with all contractors to ensure safe work practices for high reaching aerial boom lift or swing scaffolding. Implement the use of ground fault circuit interrupters (GFCI). Endorse 100% hand protection for all contractors on site. Conduct site audits and weekly site walk-throughs Weather alerts and monitoring as appropriate 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. Train workers and comply with lead removal work practices and procedures program. Area carbon monoxide monitoring is conducted when a combustion co emitting source is used inside an enclosed are.	Review six foot fall protection requirements with all workers on site and document training on the site orientation forms Document preplanning and aerial lift/swing scaffolding reviews with all affected contractors. Document GFCI compliance requirement of all electrical services used for workers' hand operated tools. Crew leadership will conduct daily Task Hazard Analysis (THA) to include proper PPE and knowledge of the task. Preplan site safety personnel will conduct weekly, and monthly audits to ensure that the most common hazards are addressed. Weather will be tracked for the number of alerts and number of times the site modified work practices. Conduct silica exposure monitoring for demolition and other tasks as determined. Retain rosters and number of workers trained on lead. 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.	Written site-specific safety and health programs are required for all contractors, subcontractors, and tier-subcontractors. Ohio On-Site will review and assist all contractors with to develop or improve safety programs.	Walsh will require and maintain copies of all contractors', subcontractors', and tier-subcontractors' safety and health programs. Ohio On-Site will review all contractor programs.

4. Safety and Health Management Systems

   The Safety and Health Management System (SHMS) is a critical part of this partnership 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
   Walsh will implement a 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 through the 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 Walsh and/or supervisors if discovered for immediate response and correction. This will be encouraged in the following ways:

   • Walsh will hold a Job Site Safety Orientation with each worker prior to work on site. Each employee who has attended orientation will receive a serial-numbered sticker confirming their participation in the orientation.
   • Walsh will provide a system to allow workers to report potential jobsite hazards to Walsh and/or supervisors upon discovery. All workers on the jobsite have stop-work authority as it relates to safety. Walsh will require all workers to attend weekly huddle meetings.
   • Walsh will hold weekly foreman-first meetings to communicate and share safety-related information across different crews and crafts.
   • Walsh will participate in monthly safety audits and provide all contractors subcontractors on site with a copy of the safety audit reports for use in discussion with workers during toolbox talks.
   • Walsh management will participate in the Review Employee's Actions and Performance (REAP) program.
   • Walsh will implement a "safety manager of the week" program, inviting craft workers to participate in the weekly jobsite inspection and review.
   • All major on-site contractors and subcontractors will be invited and encouraged to participate in the site monthly safety committee meeting.

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

   • Walsh will conduct weekly and monthly site inspections and review all subcontractors, workers, and site conditions for safe practices.
   • Walsh will immediately take necessary measures to abate any unsafe conditions and keep record of these events in the weekly and monthly audits.
   • Walsh will monitor all workers, visitors, and others entering the worksite to ensure safe conditions throughout the worksite.

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

   • Walsh or responsible contractor will ensure that hazard correction procedures are in place.
   • Walsh or responsible contractor will ensure that everyone has been instructed in the use and maintenance of personal protective equipment.
   • Walsh or responsible contractor will make sure that everyone has been instructed in how to follow safe work procedures.

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

   • Walsh or the responsible contractor will ensure only properly authorized and instructed workers be allowed to work on tasks assigned.
   • Walsh or the responsible contractor will ensure workers do not do a job that appears unsafe.
   • Walsh or the responsible contractor will ensure that supervisors are trained to recognize hazards and understand their responsibilities.
   • All workers at the foreman and above position will possess minimum required training such as OSHA 30 hour, First Aid, CPR, Crane Awareness, and Blood-borne Pathogen.
   • All workers at the foreman and above position complete management orientation.

   Program Evaluation and Improvement
   Walsh 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.
   • Third-party audits with Ohio Bureau of Workers' Compensation loss prevention consultants or Ohio OSHA On-Site Consultation Program consultants to ensure program is operating as intended.

   Communication and Coordination for Employers on Multi-employer Worksites
   Walsh considers effective communication and coordination among contractors and their workers critical to a safe workplace.

   • General contractors, contractors, subcontractors, and staffing agencies commit to providing the same level of safety and health protection to all workers.
   • 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, subcontractors, and staffing agencies.
   • Prior to beginning work, general contractors, contractors, subcontractors, and staffing agencies coordinate on work planning and scheduling in an effort to identify and resolve any conflicts that could impact safety or health.

5. Worker Involvement

   • Walsh will ensure workers are involved with daily Task Hazard Analysis meetings.
   • Walsh will ensure workers participate in weekly safety toolbox talk meetings and require reporting of any near miss or unsafe conditions.
   • Walsh will provide support to all workers and/or their representatives by providing feedback on risks and assisting them in eliminating hazards.
   • The Labor Unions shall be permitted to designate a Safety Representative if they desire. The Safety Representative will be permitted to attend all safety related meetings and onsite walkthroughs with the employer and OSHA representatives. The Safety Representative can be someone other than the job steward.

6. Performance Measures

   Performance measures as outlined in section III will be used to assess the effectiveness of the partnership. Walsh will gather and track data for the performance measures and share the information with OSHA, as specified in Appendix B of the OSHA Directive CSP 03-02-003.

7. Evaluation

   The program will be evaluated on an annual basis by using the OSHA Strategic Partnership Program Annual Partnership Activities Report and Evaluation format, as specified in Appendix C of OSHA Directive CSP 03-02-003.

   It will be the responsibility of Walsh to collect the required data to evaluate and track the overall results and successes of the partnership. This data will be shared with OSHA and the Ohio OSHA On-Site Safety and Health Consultation Program.

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

8. Verification Procedures

   OSHA will conduct one unannounced enforcement verification inspection each year for the tenure 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 may qualify as the enforcement verification inspection. In addition to addressing the accident/complaint/referral item(s), the compliance officer will complete the focused inspection protocol for the worksite. These inspections include the potential for issuing citations and assessing penalties for violations.

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

   Onsite non-enforcement verification consisting of a worksite review will be conducted as part of the quarterly partnership meeting.

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 Partnership. OSHA will also offer, as sources permit, the following incentives: Being available for offsite activities such as participating in audits and evaluations, workshops, speaking events, and providing informational materials.

10. Partnership Management and Operation

    Walsh and its contractors, in association with the U.S. Department of Labor/Occupational Safety and Health Administration – Cleveland Area Office, Ohio OSHA On-Site Safety and Health Consultation, Ohio Bureau of Workers' Compensation and all listed Labor 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. Walsh 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; initiate improvements; and evaluate modifications, achievements, and success of the partnership.

    Walsh will:

    • Implement Walsh's comprehensive safety and health programs, which include
      • management commitment and employee involvement,
      • hazard analysis,
      • hazard control, and
      • worker education and training.
    • Mentor subcontractors who have not yet developed their own safety and health programs and, if necessary, refer them to OSHA, Ohio Bureau of Workers' Compensation loss prevention staff and/or Ohio On-Site for assistance.
    • Implement and enforce a six-foot fall protection requirement throughout the Project.
    • Participate in the National Safety Stand-Down to Prevent Falls in Construction.
    • Share the responsibility for overseeing site safety, serving as a point of contact, and overseeing the partnership goals.
    • Ensure weekly safety audit is conducted.
    • Ensure that all subcontractors are invited and encouraged to participate in jobsite safety meetings/toolbox talks on a weekly basis and document all attendance and topics.
    • Review monthly accident summaries, including first aid, injury, and near-miss reports, with management and the Safety Committee.
    • Onsite non-enforcement verification reviews will be conducted as part of the quarterly 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. Walsh 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.
    • Agree to OSHA representation at 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 at the site jobsite audits and near-misses incidents.
    • Require the use of appropriate personal protective equipment by all entering the worksite. Appropriate personal protective equipment will include 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, as resources allow.
    • Designate a Cleveland 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 Walsh safety and health self-audits monthly as part of the monthly audit.

    Ohio OSHA On-Site Consultation Program will:

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

    Ohio Bureau of Workers' Compensation

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

    Labor 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.

11. Worker and Employer Rights

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

12. Partnership Term

    This agreement will terminate on June 30, 2021, 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 or Walsh chooses to terminate its participation in the partnership, the entire agreement is terminated.

    Changes to the partnership 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 Walsh Construction/OSHA Partnering Agreement for the I-480 Valley View Bridge Design-Build Project in Cuyahoga County, Ohio.

    Signed this ______ day of ________________________________, 2019

    	OSHA, Cleveland Area Office Signature:_________________________________________ Printed Name: Howard B. Eberts, Area Director
    	Walsh Construction Company II, LLC Signature:_________________________________________ Printed Name: Brad Koester, Business Group Leader
    Ohio OSHA On-Site Consultation	Ohio OSHA On-Site Consultation Program Signature:_________________________________________ Printed Name: Glenn McGinley, Loss Prevention Manager
    Ohio Bureau of Workers' Compensation	Ohio Bureau of Workers' Compensation Signature:_________________________________________ Printed Name: Mark Reams, Loss Prevention Manager

    Union Representation

    	Laborers' International Union of North America, Local 860 Signature:_________________________________________ Printed Name: Anthony Liberatore, Business Manager
    	International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 17 Signature:_________________________________________ Printed Name: Rich Jordan, Business Manager
    	International Union of Operating Engineers, Local 18 Signature:_________________________________________ Printed Name: Richard E. Dalton, Business Manager
    	Indiana/Kentucky/Ohio Regional Council of Carpenters Signature:_________________________________________ Printed Name: Dan Siverston, Business Representative
    	Cement Masons Local 404 Signature:_________________________________________ Printed Name: Chuck Wanat, Business Manager