I. Identification of Partners:
The following parties are signatories to this partnership:
- International Shipping Agency, Inc. (ISA)
- International Longshoremen’s Association (ILA) Local (UTM) - 1740
- ILA Local (UDEM) – 1901
- ILA Local (AICM - 1902
- US Department of Labor - OSHA
- The Puerto Rico Port Authority-Maritime Safety Area
II. Purpose and Scope:
The International Shipping Agency, Inc. (ISA, Inc.), headquartered in Bayamón, is the largest
stevedoring and terminal operating company in Puerto Rico, and employs an average of 180 employees
every year. The company is committed to provide a healthful and safe workplace to all its employees
with the assistance of OSHA, the International Longshoremen’s Association, and the Puerto Rico Port
Authority.
Partners in this agreement agree to join efforts to reduce occupational related fatalities and
serious injuries or illnesses in the Marine Terminals in which ISA provide stevedoring services in
the Puerto Nuevo Port Zone (Piers M, N & O), the Army Terminal and the Sea Star Terminal. This
voluntary agreement is consistent with OSHA’s long-range efforts to develop a
business/labor/government partnership approach to safety management, allows for better use of OSHA’s
resources and encourages more participation in the safety process by each stakeholder.
III. Goals and Strategies
Our main goal is to reduce the total recordable cases by 20% during the period of the partnership,
from the CY 2004 baseline. To accomplish this goal, an active accident prevention program will be
implemented, where ISA, Inc. will:
- provide no less than 10 man-hours/month, for the first 12 months of the partnership, of safety
trainings to all its employees on topics related to Accident Prevention, Hazard Communication, Fire
Prevention and Cranes Inspection.
- certificate actual (crane, top loaders, truck) operators, either by experience or training, using
manufacturers’ safety guidance literature, videos and OSHA regulations.
- conduct at least one self assessment (safety inspection) per month. ISA, Inc. will ensure that
all unsafe conditions or behaviors are corrected on the spot, whenever possible. A deficiencies’
report will be issued the same day of inspection and will include type of hazard, location,
recommendations, person responsible to correct and the expected time of correction.
- in the next 12 months, develop and gradually implement a Terminal Specific Safety Manual (TSSM).
The TSSM will include over 30 safety topics related to the operations in the terminals.
IV. Performance Measures
The following performance measures will be compiled by ISA, Inc. to show previous and cumulative
progress. These will be reported to OSHA on a monthly basis and will be utilized to measure the
success of the partnership:
- Recordable injuries or illnesses.
- Number of safety audits/inspections.
- Hazards identified, corrected & pending correction.
- Safety trainings description, sessions conducted and number of employees attending the sessions.
- Number of crane, top loader and truck operators certified (by category).
V. Annual Evaluation
The partners will prepare a joint evaluation of the partnership annually. The evaluation will review
the success of the partnership, lessons learned, and changes that will be made to meet the goals of
the partnership. The annual performance evaluation report format from Appendix C of the OSHA
Strategic Partnership Program (OSPP) Directive CSP 03-02-002 will be used. Performance measures
listed in Section IV of this partnership agreement will be collected and analyzed to determine the
partnership’s progress toward meeting its goals.
VI. Partnership Benefits and Agreement on OSP Management and Operations
OSHA and all partners agree to work in partnership to improve the employee safety and health at the
ISA, Inc. facilities and terminals. Accordingly, they make the following commitments:
- OSHA Non-Enforcement Benefits:
- Provide information on training resources including available OSHA Training Institute Courses.
- Assist partners in accessing interpretations and clarifications as to the meaning and application
of OSHA standards and policy.
- Participate in training sessions, to include training on 29 CFR 1917 & 1918 regulations, and
meetings, as resources, law and OSHA policy permit.
- OSHA Enforcement Benefits
- Following an OSHA on site enforcement verification inspection, ISA, Inc. will be deleted from the
programmed inspection list for 12 months from the verification inspection. For all other OSHA
inspections and activities, the partner remains subject to OSHA inspections in accordance with
agency procedures.
- If citations are issued as a result of an on-site enforcement inspection, when calculating the
initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the
reductions provided in the OSHA Field Inspection Reference Manual (FIRM) where the employer, in
implementing the OSP, has taken specific steps beyond those provided for in the FIRM to implement
the Act and achieve a high level of employee protection. The additional reduction will not apply to
high gravity serious, willful, failure to abate or repeat citations. In cases where a partner’s
total penalty reduction is 100% or more, the minimum penalty provisions of the FIRM will apply.
- ISA, Inc. agrees to perform the following OSP Management Operations:
- Implement all necessary actions required to provide a safe and healthful workplace to all its
employees, visitors, and contractors at the site. This includes training, identification and
correction of unsafe behavior and conditions, reporting and monitoring progress.
- Serve as a safety resource in support of participating partners.
- Provide notice to all applicable ILA Locals that ISA, Inc. is subject to this strategic
Partnership with OSHA. Employees will be informed of the partnership within 2 weeks from the signing
of the agreement.
- Ensure that all applicable ILA Locals are afforded the opportunity to participate in safety
inspections and assist in the development of a safe behavior environment with the appropriate
involvement of the employees.
- Administer the overall partnership program. Safety audits and inspections will also be conducted
on a regular basis, with action taken whenever workplace hazards are identified.
- OSHA agrees to perform the following OSP Management Operation that is not included in the
benefits section above:
- Perform an annual partnership evaluation as outlined in Section V of this partnership agreement.
- ILA Locals agrees to participate in the safety inspections and provide assistance to ISA, Inc. in
the correction of identified unsafe conditions or behavior, to the extent of their responsibility.
- The PR Port Authority agrees to participate in the safety inspections and provide assistance to
ISA, Inc. in the correction of identified unsafe conditions, to the extent of their responsibility.
VII. Inspections
- On-site Enforcement Verification Inspection
To determine ISA, Inc. compliance with the terms of this agreement, a comprehensive verification
inspection will be conducted within 45 days from the signing of the partnership agreement. Citations
and penalties may be issued, when appropriate, as a result of this inspection. Enforcement
verification inspections are performed in accordance with the applicable sections of the OSHA FIRM
and other enforcement guidance documents.
- OSHA Inspections
- Complaint/Referral Investigations
This partnership provides for the immediate response to each allegation of a safety or health hazard
brought to OSHA's attention by any person. Upon a finding that an allegation is valid, the employer
shall promptly abate the hazard. OSHA agrees that a copy of each non-formal complaint/referral
related to the site and filed with OSHA will be forwarded by fax, or by CSHO, to the ISA, Inc.
Safety Manager’s office and the corresponding ILA Local. In accordance with applicable law, the name
of a complainant requesting confidentiality will not be revealed. ISA, Inc. agrees to investigate
these complaints and provide to OSHA and the corresponding ILA Local with a written response
according to the following timetable:
- Non-formal complaints/referrals alleging a serious hazard: 8 hours
- Non-formal complaints/referrals alleging an other-than-serious Hazard: 24 hours
Failure to meet these time frames, or providing a response determined by OSHA to be inadequate, will
place the complaint/referral outside the scope of this partnership and OSHA will respond as it would
to any complaint of a similar nature.
ISA, Inc. recognizes and accepts that OSHA will fully investigate imminent danger situations, formal
complaints and referrals. These inspections will be conducted outside the partnership in accordance
with normal enforcement procedures and practices. Hazards identified may result in the issuance of
citations and penalties.
- Accident Investigations
ISA, Inc. recognizes that OSHA will retain the option to fully investigate accidents. These
investigations will be conducted outside of this partnership agreement in accordance with normal
enforcement practices. Violations may result in the issuance of citations and penalties.
ISA, Inc. retains all rights guaranteed under the Occupational Safety and Health Act (OSH Act),
including the right to appeal or contest citations issued by OSHA.
VIII. Employee and Employer Rights
An integral part of an effective safety and health program is that employee rights, which are
guaranteed under the OSH Act, will not be infringed upon. This partnership does not preclude
employees and/or employers from exercising any right provided under the OSH Act (or, for federal
employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and
regulations adopted pursuant to the Act.
Routine employee involvement in the worksite safety and health program will be assured, including
employee participation in the program reviews, site inspections, trainings and accident
investigation.
ISA agrees not to discriminate against any employee who engages in safety and or health related
activities that are protected by Section 11(c) of the Act and it agrees to inform employees of the
right to raise safety and health concerns without fear or reprisal. The company agrees to encourage
participation of employees and/or union representative in the implementation of this agreement.
ILA Locals 1740, 1901 and 1902 agree to inform their membership about this agreement through normal
union information channels.
IX. Term of Agreement
This agreement will terminate on April 3, 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.
X. Signatures
____________________
Date |
Patricia K. Clark
Regional Administrator
Region 2 |
José A. Carpena
Area Director
OSHA Puerto Rico Area Office |
David Segarra
President
International Shipping Agency, Inc. |
Renzo Román
Vice-President Marine Operations
International Shipping Agency, Inc. |
Edwin Rodríguez
Assistant Executive Director of
Maritime Bureau
Puerto Rico Port Authority |
Julián Cepero
Acting President
ILA UTM Local 1740 |
Angelou Rivera
Acting President
ILA UDEM Local 1901 |
José A. Lebrón
President
ILA AICM Local – 1902 |
|
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