The Occupational Safety and Health Administration (OSHA), the New York State On-Site Consultation Program (NYS Consultation) and the New York State Mutual Aid Group (NYMAG) - the membership of which includes Orange and Rockland Utilities, Inc., Consolidated Edison Company of New York, Inc., KeySpan Corporation, Energy East Corporation – NY, Central Hudson Electric and Gas Corporation and National Grid/NMPC - recognize the value of establishing a collaborative relationship to foster safer and more healthful American workplaces. OSHA, NYS Consultation, and NYMAG hereby form an Alliance to provide NYMAG members and other “Service Providers” (in this document "Service Providers", represents both independent contractors and others who provide services) within the respective service territories of each of the NYMAG members with information, guidance, and access to training resources that will help protect their respective employees’ health and safety. The information, guidance, and access to training resources will focus primarily upon reducing electrical contacts and addressing proximity issues as defined in OSHA’s standards, the High Voltage Proximity Act (12 NYCRR Part 57), New York Code 753 (Dig Safely) and other applicable laws, rules and regulations.

The Alliance will address electrical contact and proximity issues that occur throughout the State of New York. While proper clearances and compliance rules are defined in existing statutes and regulations, certain Service Providers either may not be aware of or may not fully abide by such rules. The primary goal of the Alliance is to educate the Service Providers regarding the existence and proper application of the existing clearance and compliance rules. Ultimately, the goal is to eliminate the occurrences of conditions that unnecessarily risks workers’ safety and health.

In developing this Alliance, OSHA and NYMAG recognize that NYS Consultation is an integral part of this Alliance and the OSHA National effort.

OSHA, NYS Consultation, and NYMAG will work together to achieve the following training and education goals in an effort to eliminate electrical contacts:

• Provide expertise to familiarize OSHA, NYS Consultation and NYMAG personnel with the applicable laws and regulations, including the High Voltage Proximity Act and applicable OSHA standards, in order to evaluate opportunities for training other organizations.
  
  
• Provide expertise to develop training and education modules, such as “Working in Proximity to Power Transmission and Distribution Lines”, and to communicate such information to the Service Providers.
  
  
• Provide a review of OSHA’s Excavation and Fall Hazard standards, with the option for interested parties to receive further, more in-depth training on these topics. This extra training will be offered by OSHA, independently, as topic-specific seminars or in 10 or 30 hour construction courses.

OSHA, NYS Consultation, and NYMAG will work together to achieve the following outreach and communication goals:

• Provide expertise in developing information on the recognition and prevention of workplace hazards associated with high voltage lines and expertise in developing ways of communicating such information and processes (e.g. print and electronic media, and OSHA’s and NYMAG’s Web sites) to employers and employees in the industry, focusing upon Service Providers.
  
  
• Speak, exhibit, or appear at NYMAG / OSHA conferences, trade show booths, work seminars or other events such as the annual DistribuTech Trade Show.
  
  
• Provide expertise in organizing workplace safety and health seminars for, and delivering training in a manner that is understandable to, Service Providers who are identified as being at risk for contacting electric distribution and transmission lines.
  
  
• Encourage NYMAG members’ and Service Providers’ participation in OSHA’s cooperative programs such as compliance assistance, the Voluntary Protection Program, Consultation, and SHARP.
  
  
• Share information among OSHA personnel and industry safety and health professionals regarding NYMAG best practices or effective approaches and publicize results through outreach by OSHA, NYS Consultation, and NYMAG members.
  
  
• Encourage NYMAG members to build relationships with OSHA’s Regional and Area Offices to address health and safety issues.
  
  
• Encourage OSHA and NYMAG members to actively pursue outside organizations that have the ability to contribute to the goals of this Alliance.

OSHA, NYS Consultation, and NYMAG will work together to achieve the following goals related to promoting the national dialogue on workplace safety and health:

• Develop and disseminate to Service Providers case studies illustrating the business value of safety and health and publicize their results.
  
  
• Convene or participate in forums, round table discussions, or stakeholder meetings on issues concerning work that occurs in proximity to buried and overhead power lines to promote workplace safety and health.

An Implementation Team composed of no more than three members of each organization will meet to define a mission statement, develop an action plan, determine working procedures, and identify the roles and responsibilities of the participants. The Implementation Team will develop a focused strategy to identify opportunities and define an action plan to address electrical contacts and encroachments. The action plan will:

• Identify the intended target group.
• Determine the best means to provide the focused training to the target group.
• Evaluate target group utilization of training and information.

The Implementation Team will meet at least three times per year to track and share information on activities and results in achieving the goals of the Alliance. Annually, at least one of these meetings will be in person; the others may be by conference call.

The New York State Department of Labor, On-Site Consultation Program will provide resources, as necessary and available, to support the training and technical assistance needs of the participants of this Alliance. Such assistance may be in the form of on-site consultation visits as may be requested by employers, and/or occupational safety and health training. Findings from any on-site consultation that may be requested by the employer will be kept confidential, so long as the requesting employer agrees to correct any serious hazards that may be identified. There shall be no cost to the Alliance participants for any assistance provided by the On-Site Consultation Program.

OSHA’s Alliances provide parties with an opportunity to participate in a voluntary cooperative relationship with OSHA for purposes such as training and education, outreach and communication and promoting a national dialogue on workplace safety and health. By entering into the Alliance, OSHA is not endorsing any of that party’s products or services; nor does OSHA enter into the Alliance with the purpose of promoting a particular party’s products or services.

This Agreement will remain in effect for two years. Any signatory may terminate it for any reason at any time, provided they give 30 days prior written notice to the signatories to this Agreement. This Agreement may be amended in writing at any time with the concurrence of all signatories.

Signatories