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OSHA Strategic Partnerships Program > Region 2 > #295 Partnership Agreement

Printing Instructions

NORTHERN NEW JERSEY NECA - IBEW - OSHA Construction Industry Safety Partnership June 1, 2006 - June 1, 2009

I. 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. This partnership continues the successful cooperative relationship established by the original NNJNECA/IBEW/OSHA partnership that was formed in July of 2003. Under this partnership renewal, the participants agree to continue that cooperative relationship to further improve safety and health management systems and worker safety and health in the electrical construction industry in Northern New Jersey and Eastern Pennsylvania. II. Identification of Partners This strategic partnership renewal will continue the cooperative relationship among: The Northern New Jersey Chapter of the National Electrical Contractors Association, Inc. (NNJNECA) International Brotherhood of Electrical Workers Union (IBEW) Locals 102, 164, 400 and 456 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. New Jersey and Pennsylvania On-Site Consultation Services III. Purpose and Scope The hazards associated with the construction industry are well documented. Electrocution is consistently among the top four causes of workplace fatalities on construction sites. Additionally, electrical contractors are regularly exposed to other construction hazards on these sites including falls, caught between, struck by, and ergonomic hazards. NNJNECA and the IBEW support OSHA’s efforts toward the reduction and/or elimination of hazards and recognize the importance and value of exerting leadership by working cooperatively in a focused voluntary effort to ensure a safe and healthful working environment for all partnership participant personnel who work on construction sites. To more fully realize the objectives of the Occupational Safety and Health Act of 1970 and to provide a safe and healthful work environment for all workers engaged in the electrical construction and maintenance industry, NNJNECA and the IBEW by this Partnership renew the partnership agreement with the OSHA with the overarching goal to improve NNJNECA members’ safety and health management systems and reduce occupational-related fatalities and serious injuries. This partnership will continue to be known as the Northern New Jersey NECA-IBEW-OSHA Construction Industry Safety Partnership. IV. Goals, Strategies, and Measures Working as partners and associates, the above parties are committed to achieving measurable, meaningful improvements in electrical worker safety and health. Through this partnership, participating NNJNECA member employers will attempt to achieve an aggregate Total Case Injury and Illness Incident Rate (TCIR) and Days Away From Work Injury and Illness (DAFWII) Rate of 25% or greater below the most recent published bureau of Labor Statistics (BLS) incident rates for electrical contractors. This goal will be accomplished through the following strategies: Continue to foster an open and continuous communication between OSHA, The NNJNECA, IBEW, and participating firms. This relationship will appreciate the unique role electrical workers and their employers play in today’s construction industry. Actively research, share and encourage the implementation of highly effective safety and health management systems among participating electrical contractors and their workers, which include technology, innovations and best practices that provide measurable improvement in electrical worker safety and health. Increase the implementation of effective contractor safety and health management systems by providing assistance such as training, mentoring and consultation to all participating contractors, especially those who are experiencing elevated injury and illness losses. Continuously develop, build and share effective safety and health programs specifically for electrical contractors and their workers. With assistance from the Local and National Joint Apprenticeship and Training Committee (NJATC), OSHA, participating contractors and others, increase accessibility to quality training and education, thereby raising safety and health awareness for both employees and contractors. 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). Continue to recognize and promote electrical worker safety and health excellence. Partnership measures will be results and activity based. Partnership results measures will include at a minimum: Total Case Incident Rate (TCIR) Days Away, Restricted and Transferred (DART) Rate Days Away From Work Injury & Illness (DAFWII) Rate The following program activity measures will include at a minimum: The number of new RED, WHITE or BLUE Platform Level Participant Contractors; The total number of personnel who have newly received the OSHA 10 or 30 hour Construction Course; The number of supervisory employees of participating members trained to the OSHA 30hr. level; Contractor Experience Modification Rate (EMR) aggregate average. Data will be collected from all participating contractors annually though the annual Partnership Participant Application. 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. Any additional measures will relate to the strategies used to achieve the Partnership goal. V. Roles and Responsibilities OSHA’s Roles and Responsibilities: To provide technical assistance, as resources allow, in reviewing participants’ site-specific safety and health management systems. Perform offsite injury and illness trend analyses to help identify, through the collection of OSHA 300 data or site accident reports offsite, the primary causal factors in injuries and illnesses, in particular the four top hazards, and provide technical assistance as resources, law, and OSHA policy allow to assist in the hazard correction. These trend analyses will be performed by OSHA in conjunction with the Partnership Advisory Committee (PAC). Provide information about training resources, including available OSHA Training Institute Courses and information on other available sources. Participate in NNJNECA/IBEW training sessions and meetings as resources allow. Provide both offsite and onsite (through the NJDOLWD On-Site Consultation Service and the Pennsylvania OSHA Consultation Service at Indiana University of Pennsylvania) technical assistance as resources allow. Ensure that OSHA staff that conduct inspections of partnership sites be familiar with the terms and scope of this partnership. NNJNECA’s Roles and Responsibilities: Representative(s) from the NNJNECA 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 will also provide the following services: Act as a liaison for NNJNECA members with OSHA. Members will be able to call the NNJNECA with questions and the NNJNECA will contact OSHA for responses, if required. Coordinate ongoing training programs provided through the partnership. NNJNECA will provide up-to-date publications, brochures, including Web links and other informational materials (from OSHA, OSHA’s New Jersey and Pennsylvania On-Site Consultation Services, and other appropriate organizations) to their membership. Foster improvement and promotion of worker safety and health within the NNJNECA’s jurisdictional area in Northern New Jersey and Northeastern Pennsylvania* by facilitating communications between OSHA and employers. Assist contractors of all sizes, especially small contractors, in understanding OSHA’s requirements and emerging issues impacting workers’ safety and health. Provide leadership through guidance, mentoring and a positive example to other contractors on issues relating to safety and health. Develop and build written safety and health policies and programs for participating contractors, including emphasis on contractor/employee responsibilities. Promote construction safety and health excellence through semi-annual NNJNECA/IBEW/OSHAOSHA Partnership Safety and Health Recognition Programs. Conduct periodic surveys to determine the impact and effectiveness of this partnership with OSHA. In concert with OSHA, form a Partnership Advisory Committee (PAC) consisting of members from the IBEW, NNJNECA and OSHA which will manage the partnership. If necessary, terminate contractors from the partnership, if findings indicate unacceptable performance or submission of falsified documentation. Notify OSHA, through the PAC, on a regular and recurring basis, of the name(s) of contractor(s) that have met the partnership criteria. OSHA will ensure the following monitoring activities are performed: Prior to qualifying for inspection deferral, each BLUE Platform Level Participant Contractor will have the effectiveness of its safety and health program verified through verification inspection(s) as defined in this agreement. The NNJNECA is responsible for the following program monitoring activities: Receive and maintain all application information submitted by Platform Participant contractors. Review applications submitted by perspective Platform Participants and determine their eligibility for the program. A redacted form of these applications shall be reviewed by the PAC. OSHA will have access to unredacted applications. 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. Recommend program improvements to Platform Participant Contractors. Once the Partnership Advisory Committee has determined that a contractor’s application has met the requirements for participation at the as a BLUE Platform Level, the NNJNECA will provide OSHA for each such contractor: The contractor’s 300 Logs for the three calendar years immediately preceding the application date 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. A copy of the applicant’s self-audit/evaluation forms used by the PAC to verify BLUE status. 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. Participating Contractors Roles and Responsibilities: The NNJNECA/IBEW/OSHA 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. 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: RED: Applicants seeking entrance onto the RED Platform level must meet the following requirements: Develop and implement a written safety and health program; Conduct and document weekly employee safety meetings; 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. Achieve a score of 94-108 points on their self-audit checklist 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: 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); 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; Ensure designated safety personnel at each site conduct and document daily inspections to identify and correct safety and health hazards; Conduct an orientation for 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); Conduct and document weekly employee safety meetings which, to the extent possible, include Union representatives; 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; Provide all field construction supervisory personnel with training equivalent to the OSHA 10-Hour Construction Safety training course; 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 Statistics1; 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. 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: 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; 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; 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; Implement a 6-foot Fall Protection Policy or a 100% Fall Protection Policy at the prescribed heights in accordance with specific OSHA Regulations; Have no Willful violations within the last three years; Have no Repeated Serious violations within the last three years; Have no fatalities or catastrophes within the past three years that resulted in Serious, Willful or Repeat citations related to the incident; Maintain an Experience Modification Rate at or below a 1.00. Achieve a score of 126-150 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 inspection deferrals. In order to qualify for complete site inspection deferrals, the participant must be the General Contractor and assume a controlling contractor’s role: 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; 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; 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; 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. 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; General Contractors shall establish an effective policy for dealing with non-complying 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; General Contractors agree to require that subcontractor’s management officials participate during safety meetings and site inspections; General Contractors shall have at least one on-site safety coordinator with his/her only duties being safety and health compliance. Application submission Applications will only be reviewed by the PAC during the first week of the following months: August, November, February and May. Any application submitted after the first week of the months mentioned above will not be reviewed until the following quarter. All applicants shall: Complete the three-part Partnership application form. The first part will request company information. The second part will request safety statistical data from the summary of the contractor’s OSHA 300 logs for the three full calendar years preceding the application date. 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. The third part will be a self-audit checklist, related to the company’s written safety program. 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 - 126-150 points Additionally, each contractor applying for the Blue Level shall provide annually, a list of all of their pending and active sites, along with specific addresses for each site, along with their applications to the NNJNECA. The NNJNECA will forward the Blue Platform Level Participant Contractors’ site locations to OSHA. Maintaining Partnership Participation Blue Level participants must re-apply and receive on-site verification inspections annually to maintain partnership with OSHA and to be eligible for partnership benefits. Red and White participants wishing to elevate to the next level (Red to White or White to Blue) must re-apply. Red and White participants wishing to remain in the partnership must also re-apply annually. VI. OSHA Verification Prior to qualifying for inspection deferral, each BLUE Level Participant Contractor Applicant shall have the effectiveness of its safety and health program as reported by its self-audit verified through one or more planned, on-site verification inspection(s) by the OSHA office(s) having jurisdiction over the work site(s) chosen. Verification inspections are conducted in an enforcement capacity and as a result, citations and penalties may be issued as a result of these inspections. Enforcement inspections are performed in accordance with the applicable sections of the FIRM and other enforcement guidance documents. In addition to traditional enforcement issues, the inspection shall assess the partner’s progress in meeting the requirements of the partnership agreement. Thorough visual observations, document review and employee interviews, OSHA will assess the partner’s commitment to the goal and strategies of this partnership, and evidence a systemic approach to safety and health management. The minimum number of On-Site verification inspections needed for verification shall be based on the number of active worksites at which the partner currently performs work within the NNJNECA’s jurisdictional boundary:   Number of Sites Number of Verification Inspections 1-3 1 7-13 2 14-20 3 20-26 4 27-33 5 34-40 6 40-46 7 47-53 8* 54-60 9* 61-66 10* 67-73 11* 74-80 12* 81-86 13* 87-93 14* 94-100+ 15* *In the event the participating contractor successfully undergoes eight (8) enforcement verification inspections and OSHA determines that the contractor is effectively implementing their safety and health management system at all locations and no serious hazards are observed, OSHA may opt to discontinue conducting further verification inspections and recommend the contractor be accepted into the partnership at the Blue Level. 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(s). Additionally, OSHA will endeavor to conduct its verification inspections within 20 workdays of acceptance by the NNJNECA/IBEW/OSHA Partnership Advisory Committee of a BLUE Level Participant Contractor. Upon completion of the inspection(s), OSHA will either accept or reject the contractor’s application for inspection deferral and participation at the BLUE Level. Blue Level partners must re-apply and receive on-site verification inspections annually to maintain partnership with OSHA and to be eligible for partnership benefits. NOTE: This next section is only needed when the participant would like to apply for complete site inspection deferral. In order to qualify for complete site inspection deferrals, the participant must be the General Contractor and assume a controlling contractor’s role: Prior to qualifying for full site inspection exemptions where the participating BLUE Level Participant Contractor is the General Contractor at a site, in addition to the requirements above: 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). The participating contractor shall require its subcontractors on site to have implemented effective written comprehensive site-specific safety and health programs VII. Partnership Evaluation 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 OSHA during regular PAC meetings. This aggregate data will include the following: the number of new RED, WHITE or BLUE Platform Level Participant Contractors; the number of 10 or 30 hour newly trained craft workers within the jurisdictional area of NNJNECA during the previous year; the number of supervisory employees of participating members trained to the OSHA 30hr. level; OSHA 300 data 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; Contractor Experience Modification Rate (EMR) aggregate average. Participant aggregate Days Away From Work Injury & Illness (DAFWII) Rates, aggregate Total Case Incidence Rates (TCIR), and Days Away Restricted or Transferred (DART) Rates will be compared with BLS published data to determine if the goals have been met. The partnership will be evaluated annually to determine if the goal of achieving an aggregate Total Case Injury and Illness Incident Rate (TCIR), Days Away, Restricted or Transferred (DART) Rate and Days Away From Work Injury and Illness (DAFWII) Rate of 25% or greater below the most recent published bureau of Labor Statistics (BLS) incident rates for electrical contractors has been met. If all signatory partners agree, partnership criteria may be revised annually based on recommendations for continuous improvement. VIII. Partnership Benefits OSHA will provide benefits for all partnership participants at all levels. OSHA will conduct meetings at least semi-annually with the NJNECA/IBEW/OSHA Partnership Advisory Committee 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 VII. The above meetings may take any form including face-to-face, conference call, internet web conferencing, etc. 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. To the extent resources allow, OSHA, through the New Jersey Department of Labor and Workforce Development, OSHA On-site 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 and/or enhancing safety and health management systems. 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. Participating contractors will receive the maximum allowable good-faith penalty reduction as OSHA policy allows per the FIRM. Participating contractors will be given a penalty reduction for the “Quick Fix” of violations in accordance with OSHA Directive CPL 2.112. OSHA Benefits for RED Platform Level Participant Contractors RED Platform Level Participant Contractors: Will be recognized by the NNJNECA/IBEW/OSHA Partnership by way of providing a certificate from the Partnership designating the contractor as a RED Platform Level Participant Contractor in the NNJNECA/IBEW/OSHA Partnership. OSHA Benefits for WHITE Platform Level Participant Contractors WHITE Level Participant Contractors: Will be recognized by the NNJNECA/IBEW/OSHA Partnership by way of providing a certificate from the Partnership designating the contractor as a WHITE Platform Level Participant Contractor in the NNJNECA/IBEW/OSHA Partnership. In the event an OSHA inspection does occur, WHITE Level Participant Contractors will normally 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)). When calculating initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the reductions provided in the FIRM, culminating in a penalty reduction of 35%, where participating contractors, in implementing the partnership, has taken specific significant steps beyond those provided in the FIRM to implement the Act and achieve a high level of employee protection (see FIR, Chapter IV.C.2.i.5 [b]). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where the total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b). OSHA Benefits for BLUE Platform Level Participant Contractors BLUE Platform Level Participant Contractors: After successful conclusion of the OSHA verification inspection(s), OSHA and the NNJNECA will provide the following benefits: Recognition from the NNJNECA/IBEW/OSHA Partnership designating the contractor as a participant in the NNJNECA/IBEW/OSHA Partnership program by way of a job site sign, a plaque for the contractor’s corporate office and a certificate to display at their job site trailer or office. The cost of the above shall be borne by NNJNECA. 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 successful completion of their verification inspection(s). BLUE Platform Level Participant Contractors who are General Contractors will qualify for construction site inspection deferral if the conditions described in Section VI for General Contractors are met. 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. 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 and the participant meets the qualification requirements for the VPP Program. IX. Partnership Management A Partnership Advisory Committee (PAC) has been formed to facilitate the direction and management of the partnership. The PAC consists of the following NNJNECA, IBEW and OSHA representatives: One representative each from OSHA’s New Jersey Area Offices One NJDOLWD On-Site Consultation Service representative One representative from each of the participating IBEW Locals One NNJNECA Representative Three representatives representing participant NNJNECA member contractors The PAC will perform a variety of activities to facilitate the success of the partnership, including: Determine partnership protocol and procedures. Hold quarterly conference calls or meetings. Plan and sponsor regular training and educational programs. Review prospective participant partnership applications. Track, analyze, and share information on partnership activities and results. Jointly evaluate the effectiveness of the partnership. Ensure that issues and concerns, as well as best practices and successes, are appropriately communicated. OSHA and the NNJNECA/IBEW/OSHA Partnership Advisory Committee will 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/OSHA Partnership Advisory Committee. X Complaint / Referral Investigations 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. 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. An investigation by the participating contractor will be conducted as soon as possible after receipt of the complaint/referral. A written response outlining the investigation findings and any corrective action taken will be faxed to the NNJNECA office, OSHA and the IBEW Local within two work days. 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. All Participating Contractors recognize that OSHA will fully investigate formal complaints complaints/referrals involving alleged imminent danger hazards. 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. XI Accident Investigations Participating contractors recognize that OSHA will fully investigate accidents involving death or serious physical harm. 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. XII Programmed Inspections Participating BLUE Level Participant Contractors will not be subject to programmed inspections where verification inspection(s) have been successfully completed within the previous 12 months. Note that participating RED and WHITE contractors will not be deferred from being inspected. XIII 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. XIV Contractor Termination A contractor's participation will be referred to the Advisory Committee for termination, and OSHA will be informed, if one or more of the following occurs: Information is obtained and verified by the NNJNECA or OSHA that reveals a significant deviation from program criteria; The contractor has falsified information on the application or supporting records; The contractor takes other actions inconsistent with the goals and intent of this program. 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 contractor’s participation in the partnership. OSHA’s final decision on the status of the partnership with this contractor will take into account the recommendations of NNJNECA/IBEW/OSHA. Prior to final termination of a contractor's status, the following will occur: The contractor will be notified in writing of the intent to terminate; The notice will include an explanation of the reasons for termination; The contractor will have an opportunity to reply to the written notice within a period of thirty (30) days; The contractor will have the right to appear before the Partnership Advisory Committee. The NNJNECA/IBEW/OSHA PAC 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 if warranted. Any contractor may terminate participation in the program at any time. XV Employee and Employer Rights and Responsibilities This partnership does not preclude employees and/or employers from exercising any right provided under the OSHA Act, nor does it abrogates any responsibility to comply with rules and regulations adopted pursuant to the Act. XVI Termination of this Partnership This agreement will terminate on June 1, 2009, which is three years from the date of the signing. If any signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other signatories. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any signatory may also propose modification or amendment of the agreement. Furthermore, an individual participating contractor may withdraw from this agreement by providing written notification to the NNJNECA/IBEW/OSHA Partnership Advisory Committee, termination shall be effective 30 days after receipt of notification. Upon withdrawal of any party from this agreement, the Partnership Advisory committee shall meet to determine whether such withdrawal constitutes nullification of this agreement. Agreement signed this 1st day of June, 2006     Patricia K. Clark Regional Administrator U.S. Department of Labor OSHA Region II, New York   Harry J. Sassaman 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   Peter A. Geronimo 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   Jean Kulp 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   _______________________________________________________________________ 1The Partnership Advisory Committee may, at their discretion, approve contractors for White or Blue Level participation if: Their total hours worked over the previous three calendar years was less than 70,000 hours total; no more than one lost work day case occurred during that period and the contractor is in compliance with all other requirements specified in this partnership agreement for the level they are applying for with the exception of the DAFWII rate.   Appendix A C-1 Typical Electrical Safety Program Principles. Electrical safety program principles can include, but are not limited to, the following: Inspect/evaluate the electrical equipment Maintain the electrical equipment’s insulation and enclosure integrity Plan every job and document first-time procedures De-energize, if possible (see NECA 70e) Anticipate unexpected events Identify and minimize the hazard Protect the employee from shock, burn, and blast, and other hazards that are due to the working environment Use the right tools for the job Assess people’s abilities Audit these principles C-2 Typical Electrical Safety Program Controls. Electrical safety program controls can include, but are not limited to, the following: Every electrical conductor or circuit part is considered energized until proven otherwise. 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. De-energizing an electrical conductor or circuit part and making it safe to work on is in itself a potentially hazardous task. Employer develops programs, including training, and employees apply them. Use procedures as “tools” to identify the hazards and develop plans to eliminate/control the hazards. Train employees to qualify them for working in an environment influenced by the presence of electrical energy. Identify/categorize tasks to be preformed on or near exposed energized electrical conductors and circuit parts. Use a logical approach to determine potential hazard of task. 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: Purpose of task Qualifications and number of employees to be involved Hazardous nature and extent of task Limits of approach Safe work practices to be utilized Personal protective equipment involved Insulating materials and tools involved Special precautionary techniques Electrical diagrams Equipment details Sketches/pictures of unique features Reference data   APPENDIX B SUMMARY & APPLICATION PACKET NNJNECA/IBEW/OSHA 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 AGCNJ, all corresponding trades which work with the AGCNJ, and the Occupational Safety and Health Administration. The goals of this program are: To achieve participants’ overall injury and illness rates that are at least 25% below the most recent published bureau of Labor Statistics (BLS) incident rates for electrical contractors. To offer benefits 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 contractor Certificates for contractor Plaque for corporate office Certificates for contractor Plaque for corporate office Partnership Jobsite Sign 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.   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/OSHA 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 300 for the previous three calendar years ____Attach a list of your current active job sites in New Jersey (BLUE Level Applicants only) ____Make sure all forms are signed ____Mail completed package to the Associated General Contractors of New Jersey NOTE: All application packets must be complete upon submission. Incomplete packets will be returned by AGCNJ unapproved. Send completed package to: NNJNECA/IBEW/OSHA 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/OSHA 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 of the above stated company applying for enrollment Into the Heavy Highway Construction Industry Safety Partnership Program. Completed by:_______________________________________________________________________ Title: ______________________________________________________________________________ Signature:___________________________________________________________________________ Confirmed by:________________________________________________________________________                     (President/CEO) Title:_______________________________________________________________________________ Signature:___________________________________________________________________________ Part II - Statistical Data Company Name:__________________________________________   For Each of the Previous Three Calendar Years You may photocopy this form and submit one form with data from each of the previous 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.             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.             c. _____ Total number of non-fatal cases without lost workdays, restricted work activity, or job transfer. See OSHA Log Form 300, Column J.             d. _____ Total number of recordable cases with days away from work. See OSHA Log Form 300 Column H.         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 (previous to 1/2004) or K (1/2004 revision or later).             b. _____ Total number of, days of restricted work activity, or job transfer. See OSHA Log Form 300, Column K (previous to 1/2004 revision) or L (1/2004 revision or later).         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.   Current Information Contractor Experience Modification Rate:______________ Completed by(print name):__________________________________________________________ Signature: _____________________________________________________________________ Date: __________________________ 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 Heavy Highway Construction Industry Safety Partnership Program. Company Name:________________________________________________________ A. SAFETY & HEALTH PROGRAM (13 points possible)   _____ Is in writing _____ Gives direction of Safety Program         _____ Has been read by all employees _____ Emphasizes management approach         _____ Is site specific _____ Signed by CEO/President         _____ Addresses major hazards on the site _____ Specifies management accountability         _____ Details consequences of violating safety rules _____ Is reviewed by the Safety Director         _____ Copies of Subcontractors Safety & Health programs kept on file _____ Is shared with subcontractors         _____ Is shared with employees before job begins             Subtotal_____     B. MANAGEMENT COMMITMENT (6 points possible)   _____ Participates in Safety Committee activities _____ Makes safety part of performance reviews         _____ Sets safety objectives _____ Makes safety a percentage of total salary         _____ Requires regular feedback on safety activities _____ Budgets funds for safety activities         Subtotal_____     C. SUPERVISOR MEETINGS (5.5 points possible)   _____ Weekly meetings including safety (2 pts.) _____ Safety Training is conducted at this time         _____ Monthly meeting including safety _____ Accident/Injury records reviewed         _____ Quarterly meetings including safety (.5 pt.)             Subtotal_____     D. Contractor RESPONSIBILITY (5.5 points possible)   _____ Provides job site-specific safety training Participates in safety meetings including:         _____ Provides all necessary Personal Protective Equipment Tool Box Talks:         _____ Trains employees in the hazards of jobs _____ Weekly         _____ Corporate Safety Meetings _____ Monthly (.5 pt.)         Subtotal_____     E. EMPLOYEE PARTICIPATION (7 points possible)   _____ Participates in Safety Program _____ Is aware of all hazards present in work area         _____ Participates in Tool Box Talks Weekly _____ Participates in Safety Committee Activities         _____ Participates in Safety Training _____ Has been trained in Emergency Procedures         _____ Reports hazards to management             Subtotal_____     F. PROJECT PRE-PLANNING (7 points possible)   _____ Pre-Bid Safety Assessment is completed _____ Supervisors are involved with process at bid stage         _____ All potential hazards are recognized _____ Safety Equipment is mobilized prior to start of project         _____ Monies allocated for safety on project _____ Employee Safety orientation mandated         _____ Hire a Jobsite Safety Coordinator if Project bid is over $ 1 million             Subtotal_____     G. ANNUAL SAFETY BUDGET (4 points possible)   _____ Is established yearly _____ Is derived from Safety Program Savings         _____ Is based on planned programs _____ Management is aware of Budget               Subtotal_____ H. GOALS OF SAFETY PROGRAM ( 7 points possible)   _____ Goals and Objectives defined in program _____ Audits conducted to assess performance         _____ Program developed to attain goals _____ Long Term Goals set         _____ Management responsible for feedback from _____ Short Term Goals set reports         _____ Employees are aware of goals             Subtotal_____     I. SAFETY ORIENTATION (11 points possible)   _____ Orientation is conducted for all new hires Orientation includes: (but is not limited to)         _____ Orientation conducted when employee transfers to a new jobsite _____ Hazard Communication Training         _____ Employees sign orientation roster _____ Rules and Regulations Training         _____ Recordkeeping activities are performed _____ Jobsite Hazard Exposure Training         _____ Management participates in Orientation _____ 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 _____ Personal Protective Equipment         _____ Site Specific Training _____ Trade Specific Training         _____ Hazard Recognition _____ Material Handling Techniques         _____ First Aid and CPR _____ Tool Safety         _____ Fire Protection and Prevention _____ Scaffold Safety         _____ Housekeeping _____ Fall Protection         _____ Sanitation             Subtotal_____     K. RULES and REGULATIONS (6 points possible)   _____ Rules and Regulations are published and posted on site _____ Rules are updated at least annually         _____ Enforcement Policy in place _____ Rules are enforced equally among all employees         _____ Subcontractors are expected to follow rules and enforcement policy is the same         _____ Rules are clear, concise and easy to read             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 _____ First Aid/CPR Trained         _____ Company has in-house Safety Director _____ Conducts Safety Meetings         _____ Training conducted by Safety Director or outside agency _____ Is involved with Safety Committee         _____ Conducts Jobsite Safety Inspections _____ Supervisory skills training         _____ Has ability to recognize hazards _____ Management skills training         _____ Has ability to stop project for safety violations _____ Emergency Reporting Procedures Training         Subtotal_____     M. TOOL BOX TALKS (7.5 points possible)   _____ Meetings held weekly _____ Attendance and Topic Records kept         _____ Meetings held monthly (.5 pt) _____ Employee participation in meetings         _____ Conducted by supervisor or safety coordinator _____ Employees pick topic and conduct meetings         _____ Attended by Management _____ Meetings are attended by subcontractors   (Project Engineer at least monthly)     Subtotal_____     N. PERSONAL PROTECTIVE EQUIPMENT AND ITS USE (7 points possible)   _____ Determination made to find PPE needs _____ Employees aware of enforcement policies         _____ Employees receive training on specific equipment use and maintenance _____ Employer provides PPE in accordance with OSHA standards         _____ Regular Inspections conducted on PPE _____ Only approved PPE is used         _____ Respiratory Protection Program in place             Subtotal_____     O. JOBSITE INSPECTIONS/AUDITS ( 11.5 points possible)   _____ Inspections are conducted daily (3 pts) _____ Management analyzes inspection reports         _____ Inspections are conducted weekly (2 pts) _____ Management acts on continuing problems         _____ Inspections are conducted monthly _____ Abatement dates are set         _____ Inspections are conducted quarterly (.5 pt) _____ Follow up inspections are conducted         _____ Results are documented             Subtotal_____     P. ACCIDENT INVESTIGATION ( 7 points possible)   _____ Employees trained in Investigation Procedures _____ Conducted by employee/management team         _____ All near misses are investigated and documented _____ Reports are made of all accidents         _____ Analysis of all accident information is conducted and corrections are made _____ Follow up inspections are completed         _____ Management reviews all documentation                   Subtotal_____ Q. RECORDKEEPING REQUIREMENTS (11 points possible)   _____ Employee Training _____ Material Safety Data Sheets         _____ Medical Records _____ First Aid Log         _____ Accident Investigations _____ Orientation Records         _____ OSHA 300 Log _____ Respiratory Fit Testing Records         _____ Inspections Reports _____ Respiratory Medical Evaluations         _____ Records of periodic site inspections             Subtotal_____             TOTAL POINTS SCORED: ______________   TOTAL POINTS NEEDED FOR EACH LEVEL:                 Red Level:   White Level:   Blue Level:                   94-108   109-125   126-150                 What level of the NNJNECA/IBEW/OSHA Construction Industry Safety Partnership Program are you applying for? (please circle one)                 RED   WHITE   BLUE   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 Heavy Highway 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: