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Region II > #593 Partnership Agreement Printing Instructions BUILDING CONTRACTORS ASSOCIATION OF NEW JERSEY AND THE NEW JERSEY GENERAL CONSTRUCTION TRADES AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION AVENEL, HASBROUCK HEIGHTS, MARLTON AND PARSIPPANY AREA OFFICES AND THE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT ON-SITE CONSULTATION SERVICE CONSTRUCTION INDUSTRY SAFETY PARTNERSHIP (C.I.S.P.) I. PURPOSE AND SCOPE Purpose: To develop a statewide industry cooperative partnership between the construction industry, labor and government. This partnership will encourage New Jersey’s contractors to achieve a high level of worker safety and health and to improve their safety and health performance, assist them in their efforts to eliminate serious hazards, promote cooperation and networking among participating organizations, to recognize contractors with exemplary safety and health programs, and to encourage participation in the Voluntary Protection Programs (VPP). Another purpose of this partnership is to educate workers in a way that will prevent accidents, incidents, permanent injuries and life threatening situations while working on various projects in New Jersey. Employers, Labor and other organizations are encouraged to endorse and participate as signatory partners in the Building Contractors Association of New Jersey Construction Industry Safety Partnership (BCANJ C.I.S.P.). They are encouraged for the following reasons: Implementation of this partnership is expected to result in decreased serious injuries, illnesses, and fatalities for participating contractors and improvement of the participants’ existing safety and health programs. This agreement provides incentives for construction contractors that voluntarily participate in the BCANJ C.I.S.P. and demonstrate implementation of effective safety and health programs. This agreement will not in any way affect employees’ exercise of rights under the OSH Act and OSHA regulations including protection from discrimination for exercising such rights. This partnership is consistent with OSHA’s long-range efforts to develop a contractor/labor/government partnership approach to safety and health management. It allows for better use of OSHA resources, innovation in safety and health management, and encourages more participation in the safety and health process. Expected outcomes of the partnership include: allowing OSHA to focus resources toward contractors who wish to improve their safety and health programs for their employees; developing criteria for a model contractor safety and health program; mentoring of others in the state of New Jersey’s construction industry by partnering with member contractors; and making new safety and health materials available to all contractors who are members of this partnership. The partnership will provide incentives to participating contractors who voluntarily improve their safety and health performance. Incentives will include special recognition from OSHA, commensurate with their level of safety and health achievement. Scope: The partnership will be available to all contracting firms that are members of the Building Contractors Association of New Jersey and will be conducted within the state of New Jersey. II. IDENTIFICATION OF PARTNERS The following organizations have been asked to support and participate in the partnership: Building Contractors Association of New Jersey NJ Building Construction Laborers New Jersey Regional Council of Carpenters and the United Brotherhood of Carpenters and Joiners of America Local Union Nos. 4 & 5 of the International Union of Bricklayers and Allied Craftworkers International Union of Operating Engineers Local 825 Structural Steel & Ornamental Ironworkers of New Jersey Occupational Safety and Health Administration New Jersey offices Avenel Area Hasbrouck Heights Area Marlton Area Parsippany Area New Jersey Department of Labor and Workforce Development On-site Consultation Service III. GOALS AND STRATEGIES Goals: Working as partners the above parties are committed to achieving measurable, meaningful improvements in worker safety and health. Through this partnership, participating BCANJ C.I.S.P. member employers will attempt to: Reduce by 5% (over the course of this partnership agreement) the number of fatalities affecting participant employers resulting from the four focused construction hazards (falls, struck-by, caught-in\between, and electrocutions). Reduce the primary health hazards associated with silica and noise exposure during construction activities through the implementation of effective engineering and work practice controls and the use of appropriate personal protective equipment. Increase the number of general and specialty contractors who improve, develop, implement and maintain comprehensive, effective safety and health programs and provide effective safety and health training for management, supervisors and employees. (OSHA’s 1989 Safety and Health Program Management Guidelines can be used as a tool to develop programs. Existing programs can be evaluated using Appendix D of this guideline). Recognize those contractors with exemplary safety and health programs and effective site-specific safety and health plans. Train a minimum of 10 % of all supervisory employees of participating members per year with an OSHA 30-hour course. The BCA is committed beyond the term of this partnership to train all supervisory staff employees in the next ten years. Train a minimum of 10 % of all craftworkers of participating members per year with an OSHA 30-Hour Construction Safety & Health course. The BCA is committed beyond the term of this partnership to train many craft workers in the next ten years. Increase participation in the OSHA VPP. Reduce TCIR (Total Case Incident Rate), DART rate (cases with days away from work, job-transfer, or restriction) and DAFWII (cases with days away from work injury and illness) rates to 25% below the BLS national average for Non-residential building construction industry (NAICS 236000). Rates for each calendar year will be compared to the most recent available national average for NAICS code 236000. Injury and illness incidence will be evaluated annually by review of the OSHA 300 logs. Injury and illness incidence in the four target areas (falls, struck-by, caught-in\between, and electrocutions) will be evaluated through the OSHA 300 log and any other relevant accident reports. Strategies: These goals will be accomplished through the following strategies: Continue to foster an open and continuous communication channel between OSHA, BCANJ C.I.S.P. and all participants. This channel will appreciate the unique role that BCANJ workers and their employers play in today’s construction industry. Reduce the number of conditions that have the potential to result in worker injury/illness to the lowest reasonable level by enhancing management and worker safety and health, training, and hazard identification and control. Actively fostering employer development and improvement of effective safety and health management systems through: Outreach provided by OSHA, BCANJ, Labor, and others; consultative services provided by the OSHA Consultation Service; and mentoring opportunities provided by partner contractors, including the OSHA Challenge Pilot. 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. Actively research, share and encourage the implementation of highly effective safety and health management systems among participating contractors and their workers, which include technology, innovations and best practices that provide measurable improvement in worker safety and health. Facilitate the delivery of OSHA 10- and 30-hour courses for participating contractors and their workers through training venues provided by OSHA, BCANJ and Labor groups. Provide contractor recognition for participation in this partnership at appropriate venues. Continue to recognize and promote worker safety and health excellence. 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. IV. PERFORMANCE MEASURES It is the responsibility of the BCANJ C.I.S.P. designated representative to gather required participant data to evaluate the overall success of the partnership. Aggregate data will be reported to the New Jersey OSHA Area Directors. Data will be collected from all participating contractors annually though the annual Partnership Participant Application, and shall include the following: Aggregate number of employers active in the partnership Aggregate number of employees active in the partnership The number of 10 or 30 hour newly trained participant personnel The number of new RED and WHITE contractors Number of Supervisory employees of participating members trained to the OSHA 30 hr. level Number of NJDOL Consultation Requests and Visits The number of BCANJ C.I.S.P. participants who were referred to VPP The number of BCANJ C.I.S.P. participants who were referred to and mentored by the VPPPA. The number of BCANJ C.I.S.P. participants who entered or participated in the OSHA Challenge Pilot The number of BCANJ C.I.S.P. participants who were mentored by the BCANJ C.I.S.P. – Direct Assistance Program OSHA 300-Log data from all participating contractors at all levels DART (Days Away, Restricted and Transferred (DART) Rate; Total Case Incident Rate (TCIR) and Days Away From Work Injury & Illness (DAFWII) Rate. Rates for each calendar year compared to the most recent available national average for NAICs code 236XXX for each respective calendar year Number of BCANJ C.I.S.P. members who have participated in the BCANJ Direct Assistance Program Number of partnership participants who developed written safety and health management systems under this partnership Number of partnership participants who improved their written safety and health management systems under this partnership Number of interventions taken to reduce noise and silica exposure V. ROLES AND RESPONSIBILITIES A Partnership Implementation Team (PIT) has been formed to facilitate the direction and management of the partnership. The PIT consists of the following BCANJ C.I.S.P., Labor and OSHA representatives: One (1) representative from OSHA One (1) representative from each of the participating Locals One (1) BCANJ C.I.S.P. representative The PIT 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. PIT 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 PIT. The chairperson of this board will be a representative of the BCANJ C.I.S.P. The chairperson shall only vote in the case of a tie if a situation arises where a participant may need to be voted out of the partnership. OSHA’s Roles and Responsibilities: To provide technical assistance, as resources allow, in reviewing participants’ site-specific safety and health management systems.   Perform 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 Implementation Team (PIT).   Provide information about training resources, including available OSHA Training Institute Courses and information on other available sources.   Participate in BCANJ C.I.S.P. training sessions and meetings as resources allow.   Provide both offsite and onsite (through the NJDOLWD OSHA On-Site Consultation Service) technical assistance as resources allow.   Ensure OSHA staff that conduct inspections of partnership sites be familiar with the terms and scope of this partnership.   Provide guidance and assistance relative to OSHA’s Voluntary Protection programs including the OSHA Challenge Pilot. BCANJ C.I.S.P. - Role and Responsibilities: Representative(s) from the BCANJ C.I.S.P. will administer this program as outlined herein and will serve as the primary safety and health resource, supporting the participating contractors and employees. BCANJ C.I.S.P. is responsible for the following partnership monitoring activities: Receive and maintain all application information submitted by RED and WHITE Platform Participant contractors. Ensure all information submitted for inclusion in this partnership is reviewed by the PIT. Review applications submitted by perspective Platform Participants and determine their eligibility for the program. A summary form of these applications shall be reviewed by the PIT. OSHA will have access to all completed applications. Conduct on-site verification inspections according to established protocols to ensure that the participating contractors meet partnership requirements and to validate the partnership administration. Act as a liaison for BCANJ C.I.S.P. members with OSHA. Members will be able to call the BCANJ C.I.S.P. with questions and the BCANJ C.I.S.P. will contact OSHA for responses, if required. Coordinate ongoing training programs provided through the partnership. BCANJ C.I.S.P. will provide up-to-date publications, brochures, including Web links and other informational materials (from OSHA, NJ On-Site Consultation Services, and other appropriate organizations) to their membership. Foster improvement and promotion of worker safety and health within the BCANJ C.I.S.P.’s jurisdictional area in New Jersey 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. Recommend program improvements to Platform Participant Contractors. Promote construction safety and health excellence through semi-annual BCANJ C.I.S.P. / OSHA Partnership Safety and Health Recognition Programs. Conduct periodic surveys to determine the impact and effectiveness of this partnership with OSHA. If necessary, terminate contractors from the partnership, if findings indicate unacceptable performance or submission of falsified documentation. Notify OSHA, through the PIT, on a regular and recurring basis, of the name(s) of contractor(s) that have met the partnership criteria. Termination of a participant’s current status and re-designation to the appropriate status, if any, in the event the BCANJ C.I.S.P. discovers information that significantly contradicts the representations made by the participant in its application. Participating Contractors Roles and Responsibilities: The BCANJ C.I.S.P. / OSHA partnership consists of two levels or classifications based on each participant’s level of achievement relating to safety and health. The two participant levels of the BCANJ C.I.S.P. program are RED then WHITE. If the PIT has determined a contractor’s application exceeds the requirements for participation at the WHITE Platform Level, the BCANJ C.I.S.P. will encourage pursing participation in the Voluntary Protection Program. To assist partners in this pursuit they may avail themselves of the following: BCANJ C.I.S.P. – Direct Assistance Program OSHA Challenge Pilot VPPPA Mentoring Program Eligibility Requirements for the Multi-Platform Program: RED and WHITE: Listed below you will find the eligibility requirements for each phase of the partnering program: 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 (site safety and health self-inspections) under the direction of a competent person* at least weekly and ensure timely correction of any identified hazards. Achieve a score of 94-108 on the Self Evaluation form in Part III of the Application Packet scoring at least one point in every section. At a minimum, Red level participants’ employees must have the training required by trade, and/or site hazards and/or OSHA standards (e.g., fall protection, excavation and trenching, scaffolding, etc.). * 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. 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. 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. Designated site safety personnel may perform other duties in addition to site safety as long as those other duties do not interfere with their duties as described under the site safety and health program. 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 or 30-Hour Construction Safety training. 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. Application submission Applications will only be reviewed by the PIT during the following months: August, November, February and May Annually, all applicants shall complete the four-part BCANJ C.I.S.P. application form: The first part of the application Packet 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 of the application Packet will be a self-audit checklist, which will require applicants to answer a series of questions related to their written safety program. All applicants seeking White 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. 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 Additionally, each participating contractor will supply a list of pending and active sites annually to the BCANJ C.I.S.P. Maintaining Partnership Participation Red and White participants wishing to elevate or remain in the partnership must re-apply annually.   WHITE Platform Level contractor’s who exceed the application requirements for WHITE Level and have excellent safety and health programs should be encouraged to participate in and be referred to VPP. VI. Partnership Evaluation The partnership will be evaluated annually to determine whether the annual goals and reductions in the number of injuries, illnesses and fatalities have been met. The BCANJ C.I.S.P. is responsible for collating baseline and annual performance data upon which the partnership will be measured. This information will be reported to the four Area offices of OSHA in New Jersey. If all signatory partners agree, partnership criteria may be revised annually based on recommendations for continuous improvement. It is the responsibility of the BCANJ C.I.S.P. designated representative to gather required participant data to evaluate the overall success of the program. Aggregated data will be reported to OSHA during regular PIT meetings. 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 shall be used. Performance measures listed in Section V of this partnership agreement will be collected and analysed to determine the partnership’s progress toward meeting its goals. Please see SECTION IV. PERFORMANCE MEASURES - For a list of the data to be reported as above. Partnership Participant Annual Renewal Once accepted into partnership by all parties, contractor incentives will be effective for one year. Contractors must re-apply annually to maintain status in the partnership. This re-application and acceptance process will be identical to the process stated in the above agreement and is based on the conditions set forth in this partnership. Contractors seeking re-application must do so sixty days prior to the expiration date of their current partnership agreement. Failure to re-apply within the sixty-day period will forfeit all incentives until all requirements of the above partnership are fulfilled and accepted by the BCANJ C.I.S.P., the Advisory Board and OSHA. VII. PARTNERSHIP BENEFITS OSHA and all BCANJ C.I.S.P. Contractors agree to work in partnership to improve their respective safety and health programs and to make the following commitments: OSHA Non-Enforcement Benefits Help identify programmatic needs at their respective sites by reviewing their documented safety and health management system and provide practical guidance for implementation. Help identify, through the review of OSHA 300, accident or near miss reports, primary causal factors in injuries and illnesses, in particular the four top hazards at their sites, and recommend the appropriate corrective actions. 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 and meetings, as resources, law and OSHA policy permit. Designate an experienced safety and health specialist to serve as a resource and liaison for partnership participants. Make available free on-site consultative services to partnership participants. Upon acceptance into this partnership from OSHA and BCANJ C.I.S.P. for RED and WHITE Platform Levels, OSHA Area Offices of New Jersey will provide the following incentives to participants: RED Platform Level Participants Incentives: Will be given a penalty reduction for the “Quick Fix” of violations in accordance with OSHA Directive CPL 2.112. Will be able to use the “BCANJ C.I.S.P. – Direct Assistance Program” Will be given special recognition from OSHA and BCANJ C.I.S.P. designating the contractor as a participant in the BCANJ C.I.S.P. program by way of a certificate designating the contractor as a RED Platform Level Participant Contractor. 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. Will be eligible for the OSHA Challenge Pilot WHITE Platform Level Participants Incentives: (In addition to the Red Platform Level Incentives) Will be given special recognition from OSHA and BCANJ C.I.S.P. designating the contractor as a participant in the BCANJ C.I.S.P. by way of a certificate designating the contractor as a WHITE Platform Level Participant Contractor. 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)). 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. Will be given a penalty reduction for the “Quick Fix” of violations in accordance with OSHA Directive CPL 2.112. Will be eligible to receive the maximum good faith penalty reductions currently available under OSHA policy. 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). VIII. 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. 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 BCANJ C.I.S.P. office and OSHA within two work days. Failure to address issues 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. 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. IX. ACCIDENT INVESTIGATIONS 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. X. PROGRAMMED INSPECTIONS Note that participating RED and WHITE contractors will not be deferred from being inspected. XI. 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. XII. LEVERAGING This partnership seeks to leverage the resources of both BCANJ C.I.S.P. and OSHA, by encouraging contractors to develop safety and health programs, implement them in an effective manner, complete self inspections, and evaluate worksite conditions and near misses to prevent accidents. By combining resources, BCANJ C.I.S.P. and OSHA expect to have a greater and more positive impact on safe working conditions than could be achieved otherwise, resulting in a more streamlined process leading to participation in the Voluntary Protection Program. XIII. CONTRACTOR TERMINATION A contractor's participation will be referred to the PIT for termination, and OSHA will be informed, if one or more of the following occurs: Information is obtained and verified by the BCANJ C.I.S.P. 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 BCANJ C.I.S.P. and 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 days. The contractor will have the right to appear before the PIT. The BCANJ C.I.S.P./OSHA PIT will have the authority to reinstate the contractor for a one-year probationary period if it determines 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. XIV. EMPLOYER AND EMPLOYEE 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. It is anticipated that routine worker involvement in the day- to- day implementation of worksite safety and health programs will be assured, including worker participation in Contractor self-audits, site inspections, job hazard analyses, safety and health program reviews, and accident investigations XV. TERMINATION OF PARTNERSHIP This agreement will terminate three years from the date of the signing. If any signatory party wishes to withdraw their participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory. 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 BCANJ C.I.S.P. / OSHA PIT. Termination shall be effective 30 days after receipt of notification. Upon withdrawal of any party from this agreement, the PIT shall meet to determine whether such withdrawal constitutes nullification of this agreement.   Paperwork Reduction Act Notice Form Approved OMB# 1218-0244 Expires 01-31-2009 Public reporting burden for the time needed to develop the Partnership requirements, craft agreement language, and conduct an internal review process is estimated to be an average of 11 burden hours per respondent. Signed on this 5th day of November, 2007.     Patricia K. Clark Regional Administrator U.S. Department of Labor OSHA Region II, New York     Jack Kocsis Building Contractors Association of New Jersey     Phil Peist Area Director U.S. Department of Labor OSHA Parsippany, NJ Area Office     Tom Canto New Jersey Regional Council of Carpenters     Robert Kulick Area Director U.S. Department of Labor OSHA Avenel, NJ Area Office     Ray Pocino Laborers’ International Union of North America     Lisa Levy Area Director U.S. Department of Labor OSHA Hasbrouck Heights, NJ     Ken Campbell International Union of Operating Engineers Local No. 825     Gary Roskowski Area Director U.S. Department of Labor OSHA Marlton, NJ Area Office     John Capo International Union of Bricklayers and Allied Craftworkers     Assistant Commissioner Leonard Katz Labor Standards and Safety Enforcement NJ Dept of Labor and Workforce Development     John Malcolm International Association of Bridge, Structural and Ornamental Ironworkers   Appendix A The OSHA Challenge Pilot The Occupational Safety and Health Administration (OSHA) is always looking for new and innovative ways to encourage and assist employers in their efforts to protect their employees’ safety and health. For more than 20 years, OSHA’s Voluntary Protection Programs (VPP) have addressed this need and provided recognition to exemplary employers. Over the years, many employers have asked for a program that caters specifically to organizations that are interested in the Voluntary Protection Programs but they need some help in meeting VPP requirements. Our new offering, the OSHA Challenge Pilot, aims to satisfy this need. OSHA Challenge recognizes that there are many employers at different stages in the process of working towards implementing a successful safety and health management system. OSHA Challenge provides opportunities for employers not currently served by existing OSHA cooperative programs to work with the Agency and receive recognition for their efforts. Challenge Participants link into either a General Industry or a Construction track. Within each track, Participants follow a detailed three-stage roadmap that guides them to improve their safety and health management systems and work toward VPP status. How Does OSHA Challenge Work? OSHA Challenge helps companies take a more proactive approach to safety and health by providing an online roadmap that guides them through the steps needed to meet VPP requirements. As employers make incremental improvements in their safety and health management systems, OSHA will recognize their progress. The online roadmap establishes clear actions, documentation, and outcomes required for Challenge Participant to progress from one stage to the next. A Participant that successfully completes all three stages and graduates from the pilot may be considered for expedited approval to OSHA’s VPP Star or Merit Program. How Do I Become an OSHA Challenge Participant? First, an interested employer – referred to as an OSHA Challenge Candidate -- must associate itself with an appropriate Administrator. (Some employers may also qualify to be an Administrator for their own facilities.) The Candidate then completes a brief application that the Administrator submits to OSHA. Upon acceptance by OSHA, the Candidate becomes a Participant. The Participant’s primary contact with OSHA is through its Administrator, who will assist the employer to develop an effective safety and health management system by working through the stages of OSHA Challenge. Participants may begin at either stage one, two, or three -- placement is determined by the comprehensiveness of the safety and health management system already in place. Participants must show progression through the stages. There are no direct costs for participating in this voluntary program. How to Qualify as a Challenge Participant The OSHA Challenge Pilot is open to General Industry and Construction employers in both private and public sectors under OSHA’s federal jurisdiction. Candidates (prospective Participants) must be interested in and committed to improving their safety and health management systems and ultimately applying for VPP. Candidates also must have the sponsorship of an accepted Challenge Administrator. Once OSHA reviews and accepts a Challenge Candidate’s application, the applicant becomes known as an OSHA Challenge Participant. Challenge Administrators and How to Qualify Administrators act as the primary contact for their OSHA Challenge Participants and OSHA. They guide Participants through the three structured stages to achieve incremental improvements in Participants’ safety and health management systems. Administrators also play an important role in collecting and reporting information on each Candidate and Participant, such as progress and injury/illness data. Challenge Administrators may be corporations, nonprofit associations, and federal agencies. However, Administrators may not be private safety and health consultants or for-profit associations. OSHA will review potential Administrators’ qualifications and make a decision. Requirements include demonstrated knowledge and experience in safety and health management systems, availability of adequate resources, and a commitment to the Challenge Pilot. For More Information on OSHA Challenge, including the application process: Contact the OSHA Office of Partnerships and Recognition at (202) 693-2213. At this time, interested applicants may be accepted into the OSHA Challenge Pilot at OSHA’s discretion as resources allow. The OSHA Challenge Pilot will run for at least two years. OSHA will evaluate the Pilot’s effectiveness at the end of the first year and at the conclusion. Based on the evaluation, OSHA will decide whether to continue the pilot, convert it to an ongoing OSHA Challenge program, or terminate the pilot.

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