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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.

• 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.
  
  

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:

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.