1 Introduction
To more fully realize the objectives of the Occupational Safety and Health Act of 1970 ( to provide a
safe and healthful work environment for all workers engaged in the electrical construction and
maintenance industry), The Northern New Jersey Chapter of the National Electrical Contractors
Association, Inc. (NNJNECA) and International Brotherhood of Electrical Workers Union (IBEW)
Locals 102, 164, 400 and 456 by this Partnership enter into an agreement with the United States
Department of Labor, Occupational Safety and Health Administration (OSHA), Region II Parsippany,
Hasbrouck Heights, Marlton and Avenel Area Offices, and Region III Allentown and Wilkes-Barre
Area Offices. This partnership shall be known as the Northern New Jersey NECA-IBEW-OSHA
Construction Industry Safety Partnership.
2 Objectives
Working as partners and associates, the above parties are committed to achieving measurable,
meaningful improvements in electrical worker safety and health through the following blueprint:
2.1 In a respectful manner, design and build an open and continuous communication channel
between OSHA, the NNJNECA, IBEW, and participating firms. This channel will appreciate
the unique role electrical workers and their employers play in today’s construction industry and
society in general.
2.2 Actively research, share and implement the top safety and health programs for electrical
workers, which includes technology, innovations and best practices that provide measurable
improvement in electrical worker safety and health.
2.3 Continuously develop, build and share, effective safety and health programs specifically for
electrical workers.
2.4 With help from the Local and National Joint Apprenticeship and Training Committee (NJATC),
develop and build improved, effective, meaningful safety and health training programs specific
enough for the trade, yet broad enough to be effective in every facet of the diverse industry.
2.5 Continue to recognize and promote electrical worker safety and health excellence.
Agreed this 28th day of July, 2003
_________________________________
Patricia K. Clark
Regional Administrator
U.S. Department of Labor OSHA
Region II, New York
|
____________________
Lewis S. Weinstock
Chapter President
Northern New Jersey Chapter, NECA, Inc.
Mountainside, New Jersey |
_________________________________
Philip M. Peist
Area Director
U.S. Department of Labor OSHA
Parsippany, NJ Area Office
|
_________________________________
Louis J. Baram
Business Manager
Local Union No. 102, IBEW
Parsippany, New Jersey |
_________________________________
Robert D. Kulick
Area Director
U.S. Department of Labor OSHA
Avenel, NJ Area Office
|
_________________________________
Richard K. Dressel
Business Manager
Local Union No. 164, IBEW
Paramus, New Jersey |
_________________________________
Lisa Levy
Area Director
U.S. Department of Labor OSHA
Hasbrouck, NJ Heights Area Office
|
_________________________________
Frank A. Neary
Business Manager
Local Union No. 400, IBEW
Wall, New Jersey |
_________________________________
Gary W. Roskoski
Area Director
U.S. Department of Labor OSHA
Marlton, NJ Area Office
|
_________________________________
Joseph V. Egan
Business Manager
Local Union No. 456, IBEW
North Brunswick, New Jersey |
_________________________________
George Tomchick
Area Director
U.S. Department of Labor OSHA
Allentown, PA Area Office
|
_________________________________
Leonard Katz
Assistant Commissioner
Labor Standards and Safety Enforcement
New Jersey Department of Labor |
_________________________________
Andrew J. Hedesh
Area Director
U.S. Department of Labor OSHA
Wilkes-Barre, PA Area Office |
|
3 Background
For over 50 years, NNJNECA/IBEW labor - management partnerships have provided their
respective members and the construction industry with model programs designed to meet industry
specific needs in Northern New Jersey and Northeastern Pennsylvania*.
NNJNECA and the IBEW have worked together to develop programs and procedures for rational
and peaceful dispute resolution and improving safety and health, training of apprentices and
journeymen, employment and benefit programs, and other programs for the benefit of the industry, its
workers, and the general public. Among others, programs in which NNJNECA and the IBEW have
sponsored and participated in include the Council on Industrial Relations, the National Joint
Apprenticeship and Training Committee, the National Electrical Benefit Fund (NEBF) and a
partnership between the NNJNECA, IBEW, and OSHA designed to foster safety and health in the
workplace. The NNJNECA/IBEW partners continue to work together to develop harmonious
relationships aimed at promoting the well being of labor while improving the economic and financial
interests of the industry.
The NNJNECA/IBEW partners are pleased to expand their umbrella of partnership to extend the
hand of cooperation and consideration to the Northern New Jersey and Eastern Pennsylvania Area
Offices of OSHA by participating in a partnership tailored to furthering safety and health in the
electrical construction industry.
4 Goals
This Partnership Agreement recognizes that Slattery Skanska, Inc., has developed a comprehensive safety and health plan, which effectively
addresses work site safety and health hazards. Signatories to this Partnership Agreement and all on-site contractors, including those who
decide to participate in this initiative will comply with all applicable OSHA standards. Special focus will be placed on the requirements
indicated below.
The measurable expectations of this Partnership are:
4.1 Decrease the participating firms’ employee injury and illness rates by 4% per year over the
life of the Partnership.
4.2 Adopt an industry standard checklist designed to exceed OSHA requirements that will be
required to be used when working with energized circuits. This policy will be based on the
most recent National Fire Protection Association® (NFPA®) 70e Standard for Electrical
Safety Requirements for Employee Workplaces. Part II, Appendix C of this standard
provides a typical description of Electrical Safety Programs that are built around NFPA
70e ( Appendix A of this Partnership ).
4.3 Decrease workers compensation costs for participating contractors.
4.4 Increase the implementation of effective contractor safety and health programs.
4.5 Increase accessability to quality safety and health training and education, thereby raising
safety and health awareness for both employees and contractors.
4.6 Provide a leadership role for the entire industry.
4.7 Allow OSHA to better focus resources on firms that require increased assistance, rather
than firms that have implemented effective, meaningful safety and health programs for their
employees.
All parties will be consulted on a continuing basis to assess progress in achieving these
goals.
5 NNJNECA/IBEW Partnership Commitment/Role
5.1 Representative(s) from the NNJNECA/IBEW partnership will administer this program as
outlined herein and will serve as the primary safety and health resource, supporting the
participating contractors and employees. To fulfill this Partnership, the
NNJNECA/IBEW partnership will also provide the following services:
5.1.1 Act as a liaison for NNJNECA/IBEW members with OSHA. Members will be able to
call the NNJNECA/IBEW Partnership with questions and the NNJNECA/IBEW
Partnership will contact OSHA for responses, if required.
5.1.2 In concert with the Local and National Joint Apprenticeship and Training Committee,
offer ongoing, quality training on topics of importance for members including but not
limited to the focused hazard areas relating to falls, electrocution, struck by and caught
between.
5.1.3 Provide up-to-date publications, brochures, and other informational materials (from
OSHA, OSHA’s New Jersey and Pennsylvania On-Site Consultation Services, and
other appropriate organizations) to the NNJNECA/IBEW Partnership members.
5.1.4 Foster improvement and promotion of worker safety and health in Northern New Jersey
NECA’s jurisdictional area in Northern New Jersey and Northeastern Pennsylvania* by
facilitating communications between OSHA and employers.
5.1.5 Assist contractors of all sizes, especially small contractors, in understanding OSHA’s
requirements and emerging issues impacting workers’ safety and health.
5.1.6 Provide leadership, guidance, and a positive example to other contractors on issues
relating to safety and health.
5.1.7 Develop and build written safety and health policies and programs for participating
contractors, including emphasis on contractor/employee responsibilities.
5.1.8 Promote construction safety and health excellence through an annual NNJNECA/IBEW
Partnership Safety and Health Recognition Program.
5.1.9 Notify OSHA on a regular and recurring basis with the name(s) of contractor(s) that have
met the partnership criteria.
5.1.10 Conduct periodic audits to determine the impact and effectiveness of this partnership
with OSHA.
5.1.11 In concert with OSHA, form an advisory committee consisting of members from the
IBEW, NNJNECA and OSHA.
5.1.12 If necessary, terminate contractors from the partnership, if findings indicate unacceptable
performance or submission of falsified documentation. (Note: At the discretion of the
NNJNECA/IBEW Partnership and OSHA a participating contractor may be permitted
to correct deficiencies within 30 days of notification and apply to the NNJNECA/IBEW
Partnership for continued recognition as a partner in good standing before termination
would take effect.) All decisions related to this paragraph shall be reviewed by the
NNJNECA/IBEW Partnership Advisory Committee.
OSHA and the NNJNECA/IBEW Partnership have the discretion to jointly veto
contractors from participating for just cause. The OSHA Area Directors have the
discretion to unilaterally veto contractors from participating in this Partnership, for just
cause upon providing notification and explanation to the NNJNECA/IBEW Partnership.
6 OSHA’s Commitment/Role
6.1 OSHA Incentives For All Platform Level Participant Contractors
6.1.1 OSHA will conduct meetings quarterly with the NNJNECA/IBEW partnership and
participating contractors, to provide information on "what’s hot" and to answer general
and specific questions. Additionally these meetings will serve as evaluation sessions as
provided in Section 9. The above meetings may take any form including face-to-face,
conference call, internet web conferencing, etc.
6.1.2 To the extent resources allow, OSHA will provide training and technical support to
partner contractors to assist them in developing safety and health management systems.
6.1.3 To the extent resources allow, OSHA, through the New Jersey Department of Labor,
OSHA Consultation Program and the Pennsylvania OSHA Consultation at Indiana
University of Pennsylvania, will provide free on-site consultation to those employers who
qualify, to assist them in developing safety and health management systems.
6.1.4 Other than Regulatory violations (e.g., 29CFR 1903 and 1904), no penalties will be
assessed for other-than-serious violations provided they are abated the same day as the
inspection.
6.1.5 Participating contractors will receive the maximum allowable good-faith penalty
discount as OSHA policy allows.
6.1.6 Participating contractors will be given a penalty reduction for the "Quick Fix" of
violations in accordance with OSHA Directive CPL 2.112.
6.2 OSHA Incentives for RED Platform Level Participant Contractors
6.2.1 RED Platform Level Participant Contractors:
6.2.1.1 Will be recognized by OSHA and NNJNECA by way of providing a certificate from
the NNJNECA designating the contractor as a RED Platform Level Participant
Contractor in the NNJNECA/IBEW Partnership.
6.3 OSHA Incentives for WHITE Platform Level Participant Contractors
6.3.1 WHITE Platform Level Participant Contractors:
6.3.1.1 Will be recognized by OSHA and NNJNECA by way of providing a certificate from
the NNJNECA designating the contractor as a WHITE Platform Level Participant
Contractor in the NNJNECA/IBEW Partnership.
6.3.1.2 Will be eligible for a 35% discount on penalties, through the Expedited Informal
Settlement Agreement (EISA), instead of the 25% offered to some non-participants.
6.3.1.3 In the event an OSHA inspection does occur, WHITE Platform Level Participant
Contractors will be eligible for "Focused" inspections in accordance with established
OSHA policies for Focused Inspections (CPL 2.103, September 26, 1994, FIRM,
Chapter II section A.1.b. and OSHA Guidance to Compliance Officers for Focused
Inspections, August 22, 1994 (Revision 2 9/20/95)).
6.4 OSHA Incentives for BLUE Platform Level Participant Contractors
6.4.1 BLUE Platform Level Participant Contractors: After successful conclusion of an
OSHA verification inspection, OSHA and the NNJNECA will provide the following
incentives:
6.4.1.1 Recognition from OSHA and NNJNECA designating the contractor as a participant in
the NNJNECA/IBEW program by way of a job site sign for each site in the state, a
plaque for the contractor’s corporate office and a certificate to display on each job site
inside the job site trailer or office. The cost of the above shall be borne by
NNJNECA.
6.4.1.2 BLUE Platform Level Participant Contractors within the jurisdiction of the OSHA
Area Offices participating in this partnership, will not receive a programmed inspection
within the twelve months following their verification inspection. BLUE Platform Level Participant
Contractors who are General Contractors will qualify for construction site
exemptions if the conditions described in section 6.7.3 are met.
6.4.1.3 During an OSHA inspection of other contractors at a site where a BLUE Platform
Level Participant Contractor is not the General Contractor, the BLUE Platform Level
Participant Contractor whose program has been verified by an OSHA inspection
within the last twelve months will not be included unless the Compliance Officer
documents that the participant is responsible for any employee exposures to serious
hazards such as fall, struck by; caught in/between or electric hazards.
6.4.1.4 Participants participating for two years or more at the BLUE Platform Level will be
considered for OSHA’s VPP Program if the participant so desires.
6.5 Complaint / Referral Investigations
6.5.1 This partnership provides for the immediate response to each allegation of a safety
and/or health hazard brought to the attention of any participating contractor. Upon
finding any valid allegations, the contractor shall promptly abate the hazard.
6.5.2 OSHA agrees that a copy of each non-formal complaint/referral related to work sites
of participating contractors will be forwarded by fax to the Northern New Jersey
NECA Chapter office, the IBEW Local which has jurisdiction over the location of the
work site, and the appropriate contractor.
6.5.2.1 An investigation by the participating contractor will be conducted as soon as possible
after reciept of the complaint/referral.
6.5.2.2 A written response outlining the investigation findings and any corrective action taken
will be faxed to OSHA and the IBEW Local within two work days.
6.5.2.3 Failure to meet these time frames will place the complaint/referral beyond the scope of
this partnership and OSHA will respond as it would to any complaint/referral of a
similar nature.
6.5.3 All Participating Contractors recognize that OSHA will fully investigate formal
complaints. These investigations will be conducted outside of this partnership
agreement in accordance with normal enforcement practices and may include the
issuance of citations and penalties.
6.6 Accident Investigations
6.6.1 Participating contractors recognize that OSHA will fully investigate accidents involving
death or serious physical harm and complaints/referrals involving alleged imminent
danger hazards. These investigations will be conducted outside of this partnership
agreement in accordance with established OSHA enforcement policy. Violations
documented during such investigations may result in the issuance of citations and penalties.
6.7 Programmed Inspections
6.7.1 Participating BLUE Platform Level Participant Contractor will not be subject to
programmed inspections where a verification inspection has been successfully
completed within the last 12 months.
6.8 On-Site Verification Inspections
6.8.1 Prior to qualifying for inspection exemptions, each BLUE Platform Level Participant
Contractor will have the effectiveness of its safety and health program as reported by
its self-audit verified through one planned, on-site comprehensive inspection by the
OSHA office having jurisdiction over the work site chosen. OSHA understands that
unannounced inspections may result in the absence of key personnel important to a full
and fair evaluation. OSHA will cooperate to allow the participant to have such
personnel participate in the inspection. Additionally, OSHA will endeavor to conduct
its verification inspections within 20 workdays of acceptance by NNJNECA of a
BLUE Platform Level Participant Contractor. Upon completion of the inspection,
OSHA will either accept or reject the contractor’s application for inspection
exemption.
6.8.2 Blue Level partners must re-apply and receive on-site verification inspections annually
to maintain partnership with OSHA and to be eligible for partnership incentives.
6.8.3 Prior to qualifying for full site inspection exemptions where the participating BLUE
Platform Level Participant Contractor is the General Contractor at a site, in addition
to the requirements in 6.7.1 above:
6.8.3.1 The participating contractor must demonstrate during the verification inspection that it
has safety and health responsibility for the job site which includes their subcontractors
(i.e. job site control).
6.8.3.2 The participating contractor requires its subcontractors on site to have implemented
written comprehensive site-specific safety and health programs
Note that participating RED and WHITE contractors will not be exempt from
programmed inspection activity.
7 Participating Contractor Commitment/Role
The NNJNECA partnership is a Multi-Platform Program consisting of three levels or
classifications based on each participant’s level of achievement relating to safety and
health. The three participant levels of the NNJNECA Partnership program: RED, WHITE and BLUE.
Program Implementation
7.1 Eligibility Requirements for the Multi-Platform Program: RED, WHITE AND
BLUE. Listed below you will find the eligibility requirements for each phase of the
partnering program: RED, WHITE and BLUE Platforms:
7.1.1 RED: Applicants seeking entrance onto the RED Platform level must meet the
following requirements:
7.1.1.1 Develop and implement a written safety and health program;
7.1.1.2 Conduct weekly employee safety meetings;
7.1.1.3 Conduct and document self-audits under the direction of a competent person*
* Competent person as defined by OSHA in 29CFR1926.32(f): A "competent person" means one
who is capable of identifying existing and predictable hazards in the surroundings or working
conditions which are unsanitary, hazardous, or dangerous to employees, and who has the
authorization to take prompt corrective measures to eliminate them.
7.1.1.4 Achieve a score of 94-108 points on their self-audit checklist
7.1.2 WHITE: Applicants seeking entrance onto the WHITE Platform level must meet all
of the requirements for the RED level plus meet the following additional requirements:
7.1.2.1 Develop and implement a comprehensive written safety and health program based on
ANSI A10.38-1991 Guidelines or OSHA’s 1989 Safety and Health Program
Management Guidelines and also includes the principles of Electrical Safety
Programs as contained in NFPA 70e (see Appendix A);
7.1.2.2 Assign at least one competent person, who has had training equivalent to the
OSHA 30-Hour Construction Safety and Health Outreach program, and who has the
responsibility for employee safety and health;
7.1.2.3 Ensure designated safety personnel at each site conduct and document daily
inspections to identify and correct safety and health hazards;
7.1.2.4 Conduct an orientation of all new employees on the contractor’s safety and health
program and show evidence of effective employee training for avoidance of hazards
specific to the contractor’s work site(s);
7.1.2.5 Conduct weekly employee safety meetings which, to the extent possible, include
Union representatives;
7.1.2.6 Show evidence of employee involvement in the safety and health program; for
example, participation in self-audits, site inspections, job hazard analyses, safety and health program reviews, safety
training, and accident investigations;
7.1.2.7 Provide all field construction supervisory personnel with training equivalent to the
OSHA 10-Hour Construction Safety training course;
7.1.2.8 Maintain a Lost Workday Incidence Rate at or below the national average for their
specific Standard Industrial Classification (SIC) as per the Bureau of Labor Statistics;
7.1.2.9 Achieve a score of 109-125 from Part III of the Application Packet - Self Evaluation
scoring at least half of the points available for each section.
7.1.3 BLUE: Applicants seeking entrance onto the BLUE Platform level must meet all
of the requirements for the RED and WHITE levels plus meet the following additional
requirements:
7.1.3.1 Ensure all sub-contractors on the site for which the BLUE contractor has
responsibility use a written site-specific safety and health program. If a
subcontractor does not have a program, they shall adopt and implement the program
written by the participant contractor;
7.1.3.2 Assign a minimum of one competent person who will administer the contractor’s
safety and health program. This person must have attended the OSHA 500 Train the
Trainer Course for the Construction Industry or equivalent within the previous four
years;
7.1.3.3 Designated site safety personnel, through training and experience, must be able to
recognize hazards associated with various phases of construction and shall have the
authority to take prompt corrective action. Training curriculum equivalent to the
OSHA 30-Hour Construction Safety and Health Training Course will be deemed
satisfactory;
7.1.3.4 Implement a 6-foot Fall Protection Policy or a 100% Fall Protection Policy at the
prescribed heights in accordance with specific OSHA Regulations;
7.1.3.5 Have no Willful violations within the last three years;
7.1.3.6 Have no Repeated Serious violations within the last three years;
7.1.3.7 Have no fatalities or catastrophes within the past three years that resulted in Serious,
Willful or Repeat citations related to the incident;
7.1.3.8 Maintain an Experience Modification Rate at or below a 1.00.
7.1.3.9 Achieve a score of 126-142 from Part III of the Application Packet Self Evaluation
scoring at least half of the points available for each section.
NOTE: This next section is only needed when the participant would like to apply for complete site exemption.
In order to qualify for a complete site exemption, the participant
Contractor and assume a controlling contractor’s role:
7.1.3.10 General Contractor must have a written policy that addresses subcontractor safety
to include requirements for assurance of compliance, safety training, site
inspections, accident investigations, safety meetings, and other requirements of the
Occupational Safety and Health Act of 1970;
7.1.3.11 General Contractors shall involve subcontractors (and subcontractors of
subcontractors) in identification and correction of safety and health hazards and
concerns. General Contractors shall assure that root causes of fatalities and
disabling injuries are identified and preventative action taken;
7.1.3.12 General Contractors shall perform and document comprehensive safety and health
audits of all subcontractors. Comprehensive audits shall address all aspects of all
subcontractors’ safety and health management programs including the extent of
employee participation;
7.1.3.12.1 Additional audits shall be conducted on a periodic basis to monitor the continued
effectiveness of all subcontractors’ programs. The frequency of the audits shall
be determined by the general contractor, but will be conducted as least
biannually.
7.1.3.13 General Contractors shall conduct daily site inspections by a competent person and
document those inspections. The results shall be made available to OSHA upon
request;
7.1.3.14 General Contractors shall establish an effective policy for dealing with noncomplying
contractors. Hazards will be documented including time, dates,
contractor name and representative, and what action was taken to gain compliance.
The general contractor must ensure that hazards with a high probability of causing
serious injury are immediately corrected and action taken to ensure the condition
does not recur;
7.1.3.15 General Contractors agree to require that subcontractor’s management officials
participate during safety meetings and site inspections;
7.1.3.16 General Contractors shall have at least one on-site safety coordinator with his/her
only duties being safety and health compliance.
7.2 Application submission
7.2.1 Applications will be accepted quarterly, beginning the first week of August, 2003.
Applications will only be accepted during the first week of the following months:
August, November, February and May.
7.2.2 All applicants shall:
7.2.2.1 Complete the three-part NNJNECA program application form.
7.2.2.2 The first part will request company information.
7.2.2.3 The second part will request safety statistical data from the summary of the
contractor’s OSHA 200 log (for the year 2000 only and OSHA 300 log for
calendar years beginning 2001) and 300 logs for the past three calendar years. If
the employer has not been in business for the past three calendar years it may
submit OSHA 300 data for the calendar years they have been in business. All
applicants must have been in business long enough to have complete OSHA 300
data for at least one full calendar year.
7.2.2.4 The third part will be a self-audit checklist, related to the company’s written safety
program.
7.2.2.5 All applicants seeking White and Blue Level status must score at least half of the
available points per section of the Self Evaluation. Applicants seeking Red Level
status must score at least one point per section of the Self Evaluation. Additionally,
the following minimum total scores must be attained for each of the levels listed
below:
Red Level- 94-108 points
White Level - 109-125 points
Blue Level - 126-142 points
7.2.2.6 Additionally, each participating contractor will supply a list of pending and active
sites annually to the NNJNECA. The NNJNECA will forward the Blue Platform
Level Participant Contractors’ site locations to OSHA.
7.3 Program Verification and Acceptance
7.3.1 The NNJNECA is responsible for the following program monitoring activities:
7.3.1.1 Receive and maintain all application information submitted by Platform Participant
contractors.
7.3.1.2 Review applications submitted by perspective Platform Participants and determine
their eligibility for the program. These applications shall be reviewed by the Advisory Committee.
7.3.1.3 Termination of a participant’s current status and re-designation to the appropriate
status, if any, in the event the NNJNECA discovers information that significantly
contradicts the representations made by the participant in its application.
7.3.1.4 Recommend program improvements to Platform Participant Contractors.
7.3.1.5 Once the participant has been identified by the NNJNECA as a BLUE Platform
Level Participant Contractor, the NNJNECA will provide to OSHA for each
participant:
7.3.1.5.1 The summary of the contractors’ OSHA 200 Log (for the year 2000 only and
OSHA 300 log for calendar years beginning 2001) and/or 300 Logs for the last
three years and the total number of hours worked for each year. If the contractor
has not been in business for the past three calendar years, NNJNECA may submit
OSHA 300 data for the calendar years they have been in business. All applicants
must have been in business long enough to have complete OSHA 300 data and
hours worked for at least one full calendar year.
7.3.1.5.2 The criteria and documentation from the insurer that verifies applicant’s selfaudit/
evaluation score. Line deleted in errata sheet dated October 6, 2003
7.3.1.5.3 A copy of the applicant’s self-audit/evaluation forms used by the NNJNECA to
verify BLUE status.
7.3.1.5.4 A list of active sites for BLUE Platform Level Participant Contractors only. This
list is not needed by the Advisory Committee for the application review process
and therefore will not be provided to the committee. The list will be provided
directly to OSHA by NNJNECA upon acceptance of the employer as a potential
BLUE Platform Level Participant by the committee prior to the OSHA on-site
verification inspection.
7.3.2 OSHA will ensure the following monitoring activities are performed:
7.3.2.1 Prior to qualifying for inspection exemptions, each BLUE Platform Level
Participant Contractor will have the effectiveness of its safety and health program
verified through one verification inspection as defined in Section 6.5 of this
agreement.
7.4 Maintaining Participant Status
7.4.1 Blue Level participants must re-apply and receive on-site verifications inspections
annually to maintain partnership with OSHA and to be eligible for partnership incentives.
7.4.2 Red and White participants wishing to elevate to the next level (Red to White or
White to Blue) must re-apply.
8 Program Confidentiality
Information submitted by contractors as part of the application or renewal process,
as well as obtained by virtue of the contractor's application or participation in the
program, will be held in strict confidence within the confines of the partnership
program. Information will be used only to measure the effectiveness of the
partnership program.
9 Partnership Evaluation
9.1 It is the responsibility of the NNJNECA designated representative to gather
required participant data to evaluate the overall success of the program.
Aggregated data will be reported to the OSHA Area Directors.
This aggregate data will include the following:
9.1.1 the number of new RED, WHITE or BLUE Platform Level Participant
Contractors;
9.1.2 the number of 10 or 30 hour newly trained craft workers within the jurisdictional
area of NNJNECA during the previous year;
9.1.3 the number of supervisory employees of participating members trained to the
OSHA 30hr. level;
9.1.4 the number of NNJNECA members who have established written safety and health
programs;
9.1.5 OSHA 200 data from calendar year 2001 and OSHA 300 data from subsequent
calendar years from all participating contractors at all levels. This data shall include
the aggregate totals for all OSHA Log columns for each calendar year as well as
the aggregate total number of hours worked for each calendar year;
9.1.6 contractor Experience Modification Rate (EMR) aggregate average.
9.2 The partnership will be evaluated annually to determine if the annual goal of a 4%
reduction in injury and illnesses rates has been met. The NNJNECA is responsible
for collating the baseline and annual performance data. This information will be
reported to the four OSHA Area Offices in New Jersey as well as the signatory
area offices in Pennsylvania.
9.3 Participant aggregate Lost Workday Incidence Rates and Fatality Rates will be compared with BLS published data to determine
if the goals have been met.
9.4 Participant incidence of injuries resulting from the four leading construction hazards
(falls, struck-by & caught between, excavations and electrocutions) will be
measured and compared against the baseline established in the first year of the
partnership.
9.5 If all signatory partners agree, partnership criteria may be revised annually based on
recommendations for continuous improvement.
10 Contractor Termination.
10.1 A contractor's participation will be referred to the Advisory Committee for termination
by the NNJNECA/IBEW, and OSHA will be informed, if one or more of the
following occurs:
10.1.1 Information is obtained and verified by the NNJNECA or OSHA that reveals a
significant deviation from program criteria;
10.1.2 The contractor has falsified information on the application or supporting records;
10.1.3 The contractor’s Lost Workday Incidence Rate rises above the most current
national average for the SIC or NIAC classification to which the contractor
belongs;
10.1.4 The contractor takes other actions inconsistent with the goals and intent of this
program.
10.2 OSHA may terminate the partnership with any individual contractor at any time via
notification in writing to the management and labor representatives. However, the
observation by OSHA from any public place of an imminent danger situation
resulting in the issuance of a citation will result in the immediate temporary termination
of any partnership with that contractor. OSHA’s final decision on the status of
the partnership with this contractor will take into account the recommendations of NNJNECA/IBEW.
10.3 Prior to final termination of a contractor's status, the following will occur:
10.3.1 The contractor will be notified in writing of the intent to terminate;
10.3.2 The notice will include an explanation of the reasons for termination;
10.3.3 The contractor will have an opportunity to reply to the written notice within a period
of thirty (30) days;
10.3.4 The contractor will have the right to appear before the Advisory Board.
10.4 The NNJNECA/IBEW Advisory Committee will have the authority to reinstate the contractor
for a 1 year probationary period if it determines that the
contractor's experience was unusual and not necessarily inconsistent with a
sound safety and health program. In this event, OSHA may conduct another
verification inspection.
10.5 Any contractor may terminate participation in the program at any time.
11. Terms and Location of Partnership.
11.1 The overall partnership for all level participants shall have an initial term of three
years and may be renewed if all signatories concur. However, individual BLUE
participants seeking exemption from programmed inspections must have their sites
verified each year to remain eligible for OSHA incentives.
11.2 Any signatory to the partnership may withdraw from the agreement at any time after
submitting written notification of intent to the other parties.
11.3 Each of the four New Jersey and two Pennsylvania Area Directors will administer
separate but identical partnerships under this program.
11.4 For the purpose of the recognition and verification of BLUE Platform Level
Participant Contractors the following applies:
11.4.1 All BLUE Platform Level Participant Contractors that successfully complete
OSHA verification inspections conducted by any OSHA office under this program,
shall be considered BLUE Platform Level Participant Contractors for all
partnerships covered by this program.
12. Contractor/Employee Rights
12.1 As an integral part of an effective safety and health program, the ability of
employees to exercise rights guaranteed under the OSH Act and other applicable
regulations, (such as, but not limited to, the right to file a safety
and health complaint and the right to information collected pursuant to OSHA
requirements) will not be infringed.
12.2 Contractors retain all rights guaranteed under the OSH Act, including but not
limited to the right to appeal or contest violations issued by OSHA.
12.3 Routine employee involvement in the day to day implementation of worksite safety
and health programs is to be assured, including employee participation in contractor
self-audits, site inspections, job hazard analysis, safety and health program reviews
and near miss investigations.
13. Termination of this Partnership
13.1 Any party may withdraw from this Partnership by providing written notification to
the other parties. Termination will be effective 30 days after receipt of said
notification. Furthermore, an individual participating contractor may withdraw from
this agreement by providing written notification to the NNJNECA/IBEW
partnership and OSHA, termination shall be effective 30 days after receipt of
notification. Upon withdrawal of any party from this agreement, the advisory
committee shall meet to determine whether such withdrawal constitutes nullification
of this agreement.
13.2 An individual participating contractor’s violation of this Partnership shall not be
grounds for OSHA to terminate this Partnership.
13.3 The NNJNECA/IBEW partnership and OSHA may terminate an individual
contractor from the partnership if the contractor fails to meet the qualifications or
otherwise violates the terms and conditions of this Partnership.
13.4 Any party may propose modification or amendment to this Partnership subject to
concurrence by all parites to the Partnership.
13.5 Unless modified or superceded this Partnership will remain in effect for eighteen
months from the signing of this agreement.
Appendix A
|
C-1 Typical Electrical Safety Program Principles. Electrical safety program
principles can include, but are not limited to, the following:
(a) Inspect/evaluate the electrical equipment
(b) Maintain the electrical equipment’s insulation and enclosure
integrity
(c) Plan every job and document first-time procedures
(d) De-energize, if possible (see NECA 70e)
(e) Anticipate unexpected events
(f) Identify and minimize the hazard
(g) Protect the employee from shock, burn, and blast, and other
hazards that are due to the working environment
(h) Use the right tools for the job
(I) Assess people’s abilities
(j) Audit these principles
C-2 Typical Electrical Safety Program Controls. Electrical safety program
controls can include, but are not limited to, the following:
(a) Every electrical conductor or circuit part is considered energized
until proven otherwise.
(b) No bare-hand contact is to be made with exposed energized
electrical conductors or circuit parts above 50 volts to ground, unless
the "bare-hand method" is properly used.
(c) De-energizing an electrical conductor or circuit part and making it
safe to work on is in itself a potentially hazardous task.
(d) Employer develops programs, including training, and employees
apply them.
(e) Use procedures as "tools" to identify the hazards and develop
plans to eliminate/control the hazards.
(f) Train employees to qualify them for working in an environment
influenced by the presence of electrical energy.
(g) Identify/categorize tasks to be preformed on or near exposed
energized electrical conductors and circuit parts.
(h) Use a logical approach to determine potential hazard of task.
(I) Identify and use precautions appropriate to the working
environment.
C-3 Typical Electrical safety program Procedures. Electrical safety
program procedures can include, but are not limited to, the following:
(a) Purpose of task
(b) Qualifications and number of employees to be involved
(c) Hazardous nature and extent of task
(d) Limits of approach
(e) Safe work practices to be utilized
(f) Personal protective equipment involved
(g) Insulating materials and tools involved
(h) Special precautionary techniques
(I) Electrical diagrams
(j) Equipment details
(k) Sketches/pictures of unique features
(l) Reference data
|
APPENDIX B
SUMMARY
&
APPLICATION PACKET
NNJNECA/IBEW Construction Industry Safety Partnership Program
Summary & Application Packet
|
This program was designed in conjunction with management, trade labor and OSHA representation
all working together to create a program which will mutually benefit the membership of the NNJNECA,
all corresponding trades which work with the NNJNECA, and the Occupational Safety and Health
Administration.
The goals of this program are:
- To reduce the injury and illness rates within the participating partners of the NNJNECA/IBEW
Construction Industry Safety Partnership Program annually by 4%;
- To give contractors a tool to measure their own safety programs and performance;
- To offer incentives to contractors so that they may want to participate in such a program;
- To help decrease worker compensation, accident and OSHA penalty costs for participants; and
- To increase the number of contractors who implement effective safety and health programs and
provide effective safety and health training for management, supervisors and employees.
- In addition to the above, this program will aid the NNJNECA, the Construction Trades and OSHA in
identifying the safety needs of the participating contractors. In doing so, the NNJNECA, IBEW and
OSHA will be able to target their resources and training to these issues so the goals stated above
will be reached in an efficient and productive manner.
PARTICIPATION RECOGNITION:
RED LEVEL:
|
WHITE LEVEL:
|
BLUE LEVEL:
|
| - Certificates for all sites |
-Certificates for participating contractor
-Plaque for corporate office
|
-Certificates for participating contractor
-Plaque for corporate office
-Jobsite Sign for all sites |
In addition to the above, OSHA will remove Blue Level contractors from the programmed
inspection list for one year. All participants must re-apply annually to maintain status in the
program.
An annual awards program will also be conducted, sponsored by the NNJNECA, IBEW and
OSHA, to acknowledge publicly those who participate in this program. Awards will be judged by
the Advisory Committee and given to members in the following categories:
1) Excellent Safety Performance
|
2) Most Improved Contractor
|
3) Safety Mentor of the Year
|
This is an exciting new venture for New Jersey and Pennsylvania’s construction industry. It promises
to be an effective new communication tool between the membership of the NNJNECA, IBEW and
OSHA in which all participants will benefit.
If you have any questions, please call the NNJNECA. office at 908-654-5770.
The NNJNECA, IBEW and OSHA sincerely appreciate your interest and participation in this program.
NNJNECA/IBEW Construction Industry Safety Partnership Program
DIRECTIONS FOR ENROLLMENT INTO ALL LEVELS
Checklist and Mailing Address |
All applicants must complete the following application to considered for participation in the
partnership.
____Complete the NNJNECA/IBEW Construction Industry Safety Partnership Program Application Packet:
____Part I - Company Information
____Part II - Statistical Data
____Part III - Self - Evaluation
____Attach a copy of your OSHA 200 Log (for Calendar year 2000 only) and 300 Logs (for calendar years beginning
2001) for the previous three calendar years
____Attach a list of your current active job sites in New Jersey/Pennsylvania (Blue Level Applicants only)
____Make sure all forms are signed
____Mail completed package to the North Jersey Chapter National Electrical Contractors Association
NOTE: All application packets must be complete upon submission. Incomplete packets will
be returned by NNJNECA unapproved.
| Send completed package to: |
NNJNECA/IBEW Construction Industry Safety Partnership Program
Shipping Address: (FedEx, UPS, etc.)
Northern New Jersey Chapter National Electrical Contractors Association
213 Summit Rd.
Mountainside, NJ 07092
Mailing Address:
Northern New Jersey Chapter National Electrical Contractors Association
213 Summit Rd.
PO Box 1081
Mountainside, NJ 07092-0081
| Application for Enrollment |
Part I - Company Information
All companies wishing to participate in the NNJNECA/IBEW Construction Industry Safety Partnership
Program must submit a completed application.
____New Application OR ____Re-application (required annually to sustain participation)
Company Name:_________________________________________________________
Address: _________________________________________________________
City: _________________________________________________________
State:_______ Zip Code:_______________
Phone Number: ( )____________ Fax: ( )____________ E-mail:__________________
Please supply the following information:
Number of employees: (Include all field and office personnel)
Number of Safety, Health and Environmental Personnel within company: Full-Time: Part-Time:
Do you subcontract safety responsibilities to an outside firm? Yes No
(If yes, please supply the following information)
Name of Consultant:______________________________________________________
Address: ______________________________________________________________
City: ______________________________________________________________
State:_______ Zip Code:_______________
Phone Number: ( )____________ Fax: ( )____________ E-mail:__________________
Do you have a substance abuse program? (If yes, please provide copy with application.) Yes No
Number of Recordable Injuries/Illnesses in current and past two calendar years: ___________
Have you had any fatalities in the past 3 years? Yes No
Number of Fatalities:
If so, did you receive OSHA citations? Yes No
What were the citations you received?
I have supplied the above information to the best of my ability and have not knowingly made any false representation the above stated company applying for enrollment Into the NNJNECA/IBEW Construction Industry Safety Partnership
Program.
Completed by:_______________________________________________________________________
Title: ______________________________________________________________________________
Signature:___________________________________________________________________________
Confirmed by:________________________________________________________________________ (President/CEO)
Title:_______________________________________________________________________________
Signature:___________________________________________________________________________
NNJNECA/IBEW Construction Industry Safety Partnership Program
Application for Enrollment |
Part II - Statistical Data
Company Name: ________________________________________________________
Address:_______________________________________________________________
City:_____________________________ State: ______________ Zip Code:__________
Phone Number:____________________ Fax: _______________E-mail:____________
For Each of the Previous Three Calendar Years
|
1. _______ Average Number of Employees - (an average number of persons on your payroll for
each of the previous calendar years)
2. _______ Total Hours Worked - (the total of all hours worked for each of the previous three calendar
years by all employees in the company, including office personnel, not including hours for
vacation or sick leave).
Number of Work-Related Injury or Illness Cases*
a._______ Total number of work-related deaths (report all deaths which were the result of any injury or
occupational illness). See OSHA Log Form 300, Column G (OSHA Log Form 200 Columns
1+8).
b._______ Total number of recordable cases with days away from work, days of restricted work activity, or
job transfer (DART). See OSHA Log Form 300, Sum of Columns H+I(OSHA Log Form 200
Sum of Columns 2+9).
c._______ Total number of non-fatal cases without lost workdays, restricted work activity, or job transfer.
See OSHA Log Form 300, Column J (OSHA Log Form 200 Columns 6+13).
d._______ Total number of recordable cases with days away from work. See OSHA Log Form 300
Column H (OSHA Log Form 200 Sum of Columns 3+10).
3. Total Number of recordable Cases (a+b+c).
Number of Lost Workdays Due to Work Related Injuries or Illnesses*
a._______ Total number of workdays lost (Days away from work, do not include day of injury). See OSHA
Log Form 300, Column L (OSHA Log Form 200 Sum of Columns 4+11)
b._______ Total number of, days of restricted work activity, or job transfer. See OSHA Log Form 300,
Column K (OSHA Log Form 200 Sum of Columns 5+12).
4. Total Number of Workdays Lost (a+b).
*NOTE: If you are not required to maintain OSHA Log Form 300 (or OSHA Log Form 200 prior to calendar
year 2001), refer to your insurance records to obtain the information requested above.
NNJNECA/IBEW Construction Industry Safety Partnership Program
Application for Enrollment |
Part II - Statistical Data (continued)
Contractor Experience Modification Rate:______________
Completed by(print name):_______________________________________________________________
Signature: ___________________________________________________________________________
Date: __________________________
NNJNECA/IBEW Construction Industry Safety Partnership Program
Application for Enrollment |
Part III - Self Evaluation
Directions: Place a check next to all items which apply to your program. Each checked item
represents one point unless otherwise specified. Please write the number of points for each
section into subtotal column. Once complete, add subtotals to get your total score. Your total
score will help you determine what level your company should apply for in the NNJNECA/IBEW
Construction Industry Safety Partnership Program.
Company Name:_______________________________________________________
A. SAFETY & HEALTH PROGRAM (13 points possible)
_____ Is in writing
_____ Has been read by all employees
_____Is site specific
_____Addresses major hazards on the site
_____Details consequences of violating safety rules
_____Copies of Subcontractors Safety & Health programs
_____Is shared with subcontractors |
______Gives direction of Safety Program
______Emphasizes management approach
______Signed by CEO/President
______Specifies management accountability
______Is reviewed by the Safety Director
______Is shared with employees before job begins |
| |
Subtotal _______ |
B. MANAGEMENT COMMITMENT (6 points possible)
_____Participates in Safety Committee activities
_____Sets safety objectives
_____Budgets funds for safety activities
|
_____Makes safety part of performance reviews
_____Makes safety a percentage of total salary
_____Requires regular feedback on safety |
| |
Subtotal _______ |
C. SUPERVISOR MEETINGS (5.5 points possible)
____Weekly meetings including safety (2 pts.)
____Monthly meeting including safety
____Quarterly meetings including safety (.5 pt.)
|
_____Safety Training is conducted at this time
______Accident/Injury records reviewed |
| |
Subtotal _______ |
D. Contractor RESPONSIBILITY (5.5 points possible)
____Provides job site specific safety training
____ Provides all necessary Personal Protective Equipment
____ Trains employees in the hazards of jobs
|
Participates in safety meetings including:
Tool Box Talks: ____Weekly ____ Monthly (.5 pt.)
______ Corporate Safety Meetings |
| |
Subtotal _______ |
E. EMPLOYEE PARTICIPATION (7 points possible)
____ Participates in Safety Program
____ Participates in Tool Box Talks Weekly
____ Participates in Safety Training
____ Reports hazards to management
|
______Is aware of all hazards present in work area
______Participates in Safety Committee Activities
______Has been trained in Emergency Procedures |
| |
Subtotal _______ |
F. PROJECT PRE-PLANNING (7 points possible)
_____ Pre-Bid Safety Assessment is completed
_____ All potential hazards are recognized
_____ Monies allocated for safety on project
_____ Hire a Jobsite Safety Coordinator if Project
bid is over $ 1 million
|
_______ Supervisors are involved with process at bid stage
_______ Safety Equipment is mobilized prior to start of project
_______ Employee Safety orientation mandated
|
| |
Subtotal _______ |
G. ANNUAL SAFETY BUDGET (4 points possible)
_____ Is established yearly
_____ Is based on planned programs
|
_______ Is derived from Safety Program Savings
_______ Management is aware of Budget |
| |
Subtotal _______ |
H. GOALS OF SAFETY PROGRAM ( 7 points possible)
______ Goals and Objectives defined in program
______ Program developed to attain goals
______ Management responsible for feedback from reports
______ Employees are aware of goals
|
______ Audits conducted to assess performance
______ Long Term Goals set
______ Short Term Goals set
|
| |
Subtotal _______ |
I. SAFETY ORIENTATION (11 points possible)
_____ Orientation is conducted for all new hires
_____ Orientation conducted when employee transfers
to a new jobsite
_____ Employees sign orientation roster
_____ Recordkeeping activities are performed
_____ Management participates in Orientation
|
Orientation includes: (but is not limited to)
_____ Hazard Communication Training
_____ Rules and Regulations Training
_____ Jobsite Hazard Exposure Training
_____ Personal Protective Equipment Training
_____ Emergency Action Procedures
_____ Fall Protection
|
| |
Subtotal _______ |
J. SAFETY TRAINING AND EDUCATION (13 points possible)
_____ All employees have had a 10-hour OSHA Construction Safety Course
_____ Site Specific Training
_____ Hazard Recognition
_____ First Aid and CPR
_____ Fire Protection and Prevention
_____ Housekeeping
_____ Sanitation
|
_____ Personal Protective Equipment
_____ Trade Specific Training
_____ Material Handling Techniques
_____ Tool Safety
_____ Scaffold Safety
_____ Fall Protection |
| |
Subtotal _______ |
K. RULES and REGULATIONS (6 points possible)
_____ Rules and Regulations are published and posted on site
_____ Enforcement Policy in place
_____ Subcontractors are expected to follow rules and enforcement policy is the same
_____ Rules are clear, concise and easy to read
|
______ Rules are updated at least annually
______ Rules are enforced equally among all
employees |
| |
Subtotal _______ |
L. SUPERVISOR/PROJECT MANAGER TRAINING (13 points possible)
_____ All supervisors/project managers trained with a 30-hour OSHA Construction Safety Course
_____ Accident Investigation Training
_____ Company has in-house Safety Director
_____ Training conducted by Safety Director or
outside agency
_____ Conducts Jobsite Safety Inspections
_____ Has ability to recognize hazards
_____ Has ability to stop project for safety violations
Training
|
______ First Aid/CPR Trained
______ Conducts Safety Meetings
______ Is involved with Safety Committee
______ Supervisory skills training
______ Management skills training
______ Emergency Reporting Procedures
Training |
| |
Subtotal _______ |
M. TOOL BOX TALKS (7.5 points possible)
_____ Meetings held weekly
_____ Meetings held monthly (.5 pt)
_____ Conducted by supervisor or safety coordinator
_____ Attended by Management (Project Engineer
at least monthly)
|
______ Attendance and Topic Records kept
______ Employee participation in meetings
______ Employees pick topic and conduct meetings
______ Meetings are attended by subcontractors |
| |
Subtotal _______ |
N. PERSONAL PROTECTIVE EQUIPMENT AND ITS USE (7 points possible)
_____ Determination made to find PPE needs
_____ Employees receive training on specific equipment
_____ Regular Inspections conducted on PPE
_____ Respiratory Protection Program in place |
_____ Employees aware of enforcement
policies
_____ Contractor provides PPE in accordance
use and maintenance with OSHA standards
_____ Only approved PPE is used |
| |
Subtotal _______ |
O. JOBSITE INSPECTIONS/AUDITS ( 11.5 points possible)
_____ Inspections are conducted daily (3 pts)
_____ Inspections are conducted weekly (2 pts)
_____ Inspections are conducted monthly
_____ Inspections are conducted quarterly (.5 pt)
_____ Results are documented |
______ Management analyzes inspection reports
______ Management acts on continuing problems
______ Abatement dates are set
______ Follow up inspections are conducted |
| |
Subtotal _______ |
P. ACCIDENT INVESTIGATION ( 7 points possible)
_____ Employees trained in Investigation Procedures
_____ All near misses are investigated
_____ Analysis of all accident information is conducted and corrections are made
_____ Management reviews all documentation |
______ Conducted by employee/management team
______ Reports are made of all accidents and
documented
______ Follow up inspections are completed |
|
Subtotal _______ |
Q. RECORDKEEPING REQUIREMENTS ( 11 points possible)
_____ Employee Training
_____ Medical Records
_____ Accident Investigations
_____ OSHA 300 Log
_____ Inspections Reports
_____ Records of periodic site inspections |
_____ Material Safety Data Sheets
_____ First Aid Log
_____ Orientation Records
_____ Respiratory Fit Testing Records
_____ Respiratory Medical Evaluations
|
|
Subtotal _______ |
TOTAL POINTS SCORED: ______________
TOTAL POINTS NEEDED FOR EACH LEVEL:
|
Red Level:
94-108 |
White Level:
109-125
|
Blue Level:
126-142 |
What level of the NNJNECA/IBEW Construction Industry Safety Partnership Program are you
applying for? (please circle one)
I have read, understand and answered the above questions to the best of my ability. I have not knowingly made
any false representation of this company applying for the NNJNECA/IBEW Construction Industry Safety
Partnership Program.
Company
Name:______________________________________________________________________________
Address:____________________________________________________________________________
City:_______________________________State:______________Zip:___________________________
Phone Number:______________________Fax Number:______________E-mail:__________________
Name of person completing Self Evaluation:
Title:_______________________________________________________________________________
Signature:___________________________________________________________________________
Date:_________________________
Confirmation of Information:
|
Company
President/CEO:_________________________________________________________________
Signature:_______________________________________________ Date:_____________________
Authorized Employe Representative (If applicable)______________________________________________
Appendix C
Northern New Jersey Chapter, Inc., National Electrical Contractors Association
Geographical Coverage Area
|
New Jersey
Bergen County
Essex County
Hudson County
Hunterdon County
Middlesex County
Monmouth County
Morris County
Ocean County
Passaic County
Somerset County
Sussex County
Union County
Warren County
(Counties covered in their entirety under the jurisdiction of the Collective Bargaining
Agreements between IBEW Local Union Nos. 102, 164, 400, and 456 and NNJNECA)
Pennsylvania
Bucks County
Monroe County
Northhampton County
Pike County
(Counties partially covered under the jurisdiction of the Collective Bargaining Agreement
between IBEW Local Union No. 102 and NNJNECA)
|
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