I. Scope and Purpose
In an effort to reduce serious hazards and achieve a high level of worker safety and health within
in its marine terminal operations, Horizon Lines of Puerto Rico, Inc. is joined by the International
Longshoremen’s Association (ILA)-Local 1575 in developing this partnership agreement.
This partnership agreement will be limited to the Yard, Marine, Crane and Maintenance departments of
the company’s Puerto Nuevo Terminal Facilities.
This agreement is consistent with OSHA’s long-range efforts to develop a business/labor/ government
partnership approach to safety management. It allows for better use of OSHA’s resources, and
encourages more participation in the safety and health process by each partner.
II. Identification of Partners
The partners to this agreement are:
- U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)-PRAO
- Horizon Lines of Puerto Rico, Inc.
International Longshoremen’s Association (ILA)-Local 1575.
III. Goals/Strategies
- Goal: To reduce recordable injuries and illnesses by 15% per year in the Yard, Crane, Marine and
Maintenance departments, from the baseline year of 2004, during the period of the partnership.
Strategy: Creation of a pro-active health and safety culture and a cooperative relationship that
optimizes the resources of all parties, and the identification and correction of hazard(s).
- Goal: Reduce injuries and illnesses at the Maintenance and Marine Departments, which are
considered High Risk areas.
Strategy: Implementation of an aggressive safety awareness and self-inspection program that will
help us to identify the primary causal factors in employee injuries and illnesses, and eliminate
unsafe conditions in those departments.
- Goal: Foster open and continuing communication between partners.
Strategy: Promotion of voluntary employee involvement in Safety Council and Department Committee
activities.
- Goal: Expand awareness of the value of safety and health program to all Departments.
Strategy: Integration of safety and health in all operations within Horizon Lines, and ensuring
employee involvement through training, tool box meetings, etc.
IV. Performance Measures
Following are some of the performance measures that may be used to track the progress made towards
achieving the partnership goals:
- OSHA 300’s injury and illness data
- Number of self-inspections conducted at departments covered by this partnership
- Number of hazards identified and corrected
- Number and type of training conducted
- Number of safety meetings conducted
- Number awareness activities conducted
V. Annual Evaluation
An annual evaluation of this partnership will be conducted jointly by the partners within 30 days of
the first anniversary of the signing of the agreement. The Appendix C of the Directive CSP
(03-02-002), “OSHA Strategic Partnership program for Worker Safety and Health”, will be used to
assess the partnership.
It will be the responsibility of Horizon Lines of Puerto Rico, Inc. to gather and share with OSHA
the required data to evaluate and track overall results of the partnership. OSHA will have the
responsibility of completing the evaluation.
After the first year of the partnership, subsequent evaluations are to be conducted at least 30 days
prior the anniversary of the signing.
VI. Benefits
- Special recognition, including but not limited to, press releases issued by OSHA and recognition
on OSHA’s web page designating Horizon Lines as a participant of the OSHA Strategic Partnership
(OSP) Program.
- Availability of informational materials such as safety and health publications.
- As resources allow, OSHA will provide or assist Horizon Lines of Puerto Rico, Inc. in providing
training sessions on topics such as accident investigations, supervisor responsibilities, and
maritime standards.
- OSHA will continue to support Horizon Lines annual safety awareness activities.
- Following an OSHA on site enforcement verification inspection, Horizon Lines of Puerto Rico, Inc.
will be deleted from the programmed inspection list for 12 months from the date of the verification
inspection.
- 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.
VII. Inspections
- On-site Enforcement Verification Inspection
To determine Horizon Lines of Puerto Rico, Inc. compliance with the terms of this agreement, a
comprehensive verification inspection will be conducted within 30 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.
Employees or their designated union representative will have an opportunity to participate in the
verification inspection and any subsequent annual inspection, if so requested by the designated
union representative.
- OSHA Inspections and Investigations
As per OSHA Instruction CPL 02-00-140, Complaint Policies and Procedures, a complaint is a notice of
an alleged safety or health hazard over which OSHA has jurisdiction, or a violation of the Act,
submitted by a past or present employee or representative of employees. Following are the types of
actions that may be conducted through this partnership:
- Formal Complaint. Complaint made by a current employee or a representative of employees that
meets all of the following requirements:
- Asserts that an imminent danger, a violation of the Act, or violation of an OSHA standards
exposing employees to physical harm exists in the workplace;
- Is reduced to writing or submitted on an OSHA-7 form; and
- Is signed by at least one current employee or employee representative.
- Non-formal Complaint. Any complaint alleging safety or health violations that does not meet all
of the requirements of a formal complaint identified above and does not come from one of the sources
identified under Referral below.
- Referral. Information received from a Compliance Safety and Health Officer, safety and health
agency, 11(c) complaint, other government agency, media report or an employer alleging a hazard or a
violation of the Act believed to exist in a workplace.
- Inspection. An on-site examination of an employer's worksite conducted by an OSHA compliance
officer, initiated as the result of a complaint or referral, and meeting at
least one of the following criteria:
- A valid formal complaint is submitted.
- The information alleges that a disabling injury or has occurred as a result of the complained of
hazard(s), and there is reason to believe that the hazard or related hazards still exist.
- The information alleges that an imminent danger situation exists.
- The information concerns an establishment and an alleged hazard covered by a local, regional, or
national emphasis program, the Site Specific Targeting Plan, or the Agency's current strategic plan.
- The employer fails to provide an adequate response to an inquiry, or the individual who provided
the original information provides further evidence that the employer's response is false or does not
adequately address the hazard(s).
- The establishment that is the subject of the information has a history of egregious, willful,
failure-to-abate, or repeat citations within the Area Office's jurisdiction during the past three
years, or is an establishment or related establishment in the Enhanced Enforcement Program.
- An 11(c) discrimination investigator or Regional Supervisory Investigator requests that an
inspection be conducted in response to an employee's allegation that the employee was discriminated
against for complaining about safety or health conditions in the workplace or for refusing to
perform an allegedly imminently dangerous job or task
- If an inspection is scheduled or has begun at an establishment and a complaint or referral that
would normally be handled via inquiry is received, that complaint or referral may, at the Area
Director's discretion, be incorporated into the scheduled or ongoing inspection.
- If the information gives reasonable grounds to believe that a worker under 18 years of age is
exposed to a serious violation of a safety or health standard or a serious hazard, an on-site
inspection will be initiated if the information relates to construction, manufacturing, agriculture,
or other industries as determined by the Area Director.
- The information received is a signed, written complaint from a current employee or employee
representative that alleges a recordkeeping deficiency that indicates the existence of a serious
safety or health violation.
- Inquiry. A process conducted in response to a complaint or a referral that does not meet one of
the identified inspection criteria. It does not involve an on-site inspection of the workplace, but
rather OSHA advises the employer of the alleged hazard(s) or violations by telephone, fax, e-mail,
or by letter if necessary. The employer is required to provide a response, and the Agency will
notify the complainant of that response via appropriate means.
- 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, e-mail, or by CSHO, to the Horizon
Lines of Puerto Rico, Inc. Safety Manager’s office and the ILA Local 1575 within one business day of
receipt. In accordance with applicable law, the name of a complainant requesting confidentiality
will not be revealed. Horizon Lines of Puerto Rico, Inc. agrees to investigate these complaints,
within normal working hours, and provide OSHA and the ILA Local 1575 with a written response
according to the following timetable:
- Non-formal complaints/referrals alleging a serious hazard: within 8 working hours of being
notified by OSHA.
- Non-formal complaints/referrals alleging an other-than-serious hazard: within 24 working hours of
being notified by OSHA.
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.
Horizon Lines of Puerto Rico, 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.
- Fatality/Catastrophe Investigations
Horizon Lines of Puerto Rico, Inc. recognizes that OSHA will retain the option to fully investigate
fatalities/catastrophes. 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.
Horizon Lines of Puerto Rico, 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. OSP Management and Operation
The partners will oversee and coordinate this partnership. The team will determine partnership
procedures, which will include measures to be used and data to be collected, hold conference calls,
and meet at least quarterly to evaluate the effectiveness of the agreement.
- Horizon Lines of Puerto Rico, 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 at the site. This includes training, identification and correction of unsafe behavior and
conditions, reporting and monitoring progress.
- Provide notice to ILA Local 1575 that Horizon Lines of Puerto Rico, 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 ILA Local 1575 is afforded the opportunity to participate in safety inspections and
assist in the development of a safe behavior environment with 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.
- Provide information and/or training, on a monthly basis, to the employees’ representatives and/or
the employees members of the safety committee, on the hazards and regulations associated with the
long shoring and marine terminal operations. Information and/or training provided will be
documented, and the records maintained and made available for review by OSHA, upon request.
The Horizon Lines of Puerto Rico, Inc. Safety Manager will be responsible to
oversee and coordinate this partnership.
The Department Safety Committee Leaders will be responsible for ensuring compliance with the
provisions of this agreement within their department.
- 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.
- The ILA Local 1575 agrees to perform the following OSP Management Operations:
- Assist Horizon Lines of Puerto Rico, Inc. in the implementation of this Partnership.
- Inform their membership about this agreement through normal union information channels.
- Ensure employee participation in and support of the implementation of this agreement.
Ensure that their membership is aware of and comply with all safety rules established by the
Company.
X. Employee and employer Rights and Responsibilities
This partnership does not preclude employees and/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.
XI. Term of OSP
This agreement will terminate three years from the day of signing. If any signatory of this
agreement wishes to withdraw 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.
XII. Signatures
| Date: _________________________ |
Patricia K. Clark
Regional Administrator
USDOL/OSHA |
José A. Carpena
PRAO Area Director
USDOL/OSHA |
Gabriel Serra
Vice-President/General Manager
Horizon Lines of Puerto Rico, Inc. |
Carlos Ortíz
President
International Longshoremen’s Association
(ILA Local 1575) |
|
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