What's New | Offices

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1. PARTNERS
   
   The partners of the Agreement are:
   • The Southeast Pennsylvania Chapter of the Associated Builders and Contractors Inc. (ABC)
   • The Allentown and Philadelphia Area Offices of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)
2. PURPOSE/ SCOPE

   ABC and OSHA mutually recognize the importance of providing a safe and healthful work environment for those employees working in Pennsylvania.  To advance our mutual goal, we strongly agree on the need to develop partnerships that foster mutual trust and respect for the respective roles of each organization in the construction safety process.  We recognize and embrace the responsibilities inherent in those roles.  We are committed to work as partners to achieve construction workplace safety and health through shared strategies and objectives.

   This agreement incorporates the STEP program, implemented annually by the ABC, as an objective tool that contractor members can use to evaluate and strengthen their safety programs, policies and procedures. Through STEP, ABC recognizes participants based on their development and enactment of safety programs, policies and procedures.  The four recognition levels are Bronze, Silver, Gold and Platinum.  STEP program resources, along with the most current application and instructions for completing it, can be found on ABC’s web page for the STEP program.

   Implementation of this agreement is expected to result in an improved awareness of safety concerns at construction sites and decreased injuries, illnesses and fatalities for participant contractors with a resultant decrease in worker compensation costs as well as other direct or indirect costs of accidents.

3. PARTICIPATION GOALS/STRATEGIES/MEASURES

   ABC and OSHA will work in partnership to accomplish the following goals:

   • Reduce by 4%, annually, the DART (Days Away Restricted or Transfer) rate affecting each participant employer, with an emphasis on reducing injuries and illnesses resulting from falls, struck-by and caught-in mishaps, and electrocution (four focused construction hazards).  Upon signature of this agreement, the most current three year average DART rate of a company participating in the partnership will serve as its baseline.  Annually, thereafter, each participating employer will provide OSHA its DART rate and the number of recordable cases which involve the four focused construction hazards in order to measure progress toward reaching the partnership’s goals.
     
     Strategies:
     
     ABC and OSHA will work together to identify and correct primary causal factors of workers’ injuries and illnesses.
     
     ABC and OSHA will share and disseminate best safety practices in the construction industry.
     
     Measures:
     
     DART rate
     
     Number of injuries and illnesses resulting from the four focused construction hazards.
   
   
   • Increase the number of ABC firms that participate in the STEP program
     
     Strategies:
     
     Mentor Bronze, Silver, Gold, and Platinum STEP award applicants to develop, implement, and maintain effective safety and health programs and move to or maintain the ABC Platinum level.
     
     Measures:
     
     The number of new applicants that participate in the STEP program and the number of applicants that move to the next STEP level.
   
   
4. PARTNER ROLES AND RESPONSIBILITIES

   ABC and OSHA agree to work in partnership to improve safety and health performance at participating companies.

   ABC agrees to:

   Distribute STEP applications to ABC members.

   Distribute along with the STEP application information regarding this partnership, and a written opportunity to participate in this partnership.

   Inform OSHA of those companies participating in the partnership, along with their level of recognition (Bronze, Silver, Gold or Platinum).

   Provide OSHA with a copy of the sign-in sheets and minutes for all Mentoring Events and Chapter Safety Committee meetings.  Additionally, the ABC will provide documentation of any OSHA Partner who completes an ABC Southeast PA Chapter sponsored safety class.

   Share baseline and ongoing injury and illness measurement data with OSHA.

   Meet with OSHA, quarterly, to discuss mutual partnership commitments, mentoring, issues and implementation and best practices in construction safety.

   Share and post best practices in construction safety on ABC web sites, especially as they relate to correcting the four focused construction hazards and improving STEP award levels.

   OSHA agrees to:

   Work cooperatively with ABC to provide safety and health information, technical assistance, and training to participants in order to facilitate improvements in safety and health management systems.

   Work with ABC to recommend program improvements to individual Bronze, Silver, Gold and Platinum STEP Applicants.

   Ensure that the affected OSHA staff, including the Compliance Safety and Health Officers (CSHOs), are familiar with requirements and objectives of this partnership.

   Maintain and disseminate to OSHA field staff up-to-date information about participants and their STEP award levels.

   Participate in conferences, committee meetings and/or other professional functions.

   Recognize partnering companies on OSHA’s public web site.

   Post best practices in construction safety on OSHA’s public web site, especially as they relate to correcting the four focused construction hazards and improving STEP award levels.

   Contact an OSHA Partner that has missed a quarterly Mentoring Event and/or other safety event as defined by this agreement and send a letter to the OSHA Partner requesting an explanation or justification for missing the event(s).  

   OSHA Partners* agree to:

   Complete and submit the Safety Training and Evaluation Process (STEP) Program Application annually.

   Sign the Agreement of Participation (Appendix A).

   Attend all quarterly Mentoring Events.

   Attend at least two other safety events.  These events can be attendance at the ABC Southeastern Pennsylvania Chapter (ABC-SEPA) Safety Committee meetings, which normally are held on the second Friday of each month or any ABC-SEPA sponsored safety class (any topic) during the STEP year.

5. BENEFITS

   OSHA will offer the following benefits to participating ABC companies:      

   • Upon review, award a certificate of appreciation to OSHA partners* who actively support occupational safety and health under the terms of this partnership agreement. 
   • Award a certificate to companies who successfully complete an onsite, non-enforcement OSHA verification
   • OSHA will provide additional penalty reductions for good faith, beyond those allowed by the FOM, if the partnering company incorporates into its written program language which helps the employer identify and implement permanent solutions for the root cause of cited hazards.  This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations.  The percentage of this additional reduction is based upon the partner company’s level of participation in the STEP program. They are:

   Bronze                         3 % reduction
   Silver                            6 % reduction
   Gold                             9 % reduction
   Platinum                       10% reduction
                                        
   Note:  The initial 25% credit for good faith allowed by the FOM normally requires a written safety and health program that provides for appropriate management commitment, employee involvement, worksite analysis for hazard identification, hazard prevention, control measures, and safety and health training.

6. VERIFICATION

   Annually, OSHA Compliance Assistance Specialists will conduct onsite non-enforcement verification(s) of 10% of the companies participating in this partnership.  OSHA will evaluate the company’s implementation of its safety and health management system and observe the site to see if the partnering company is adequately protecting its employees, with emphasis in the top four causes of construction injuries: falls, struck-by, caught-in and electrocutions (OSHA’s four focused construction hazards).

   No partner will be selected for an OSHA verification audit in a consecutive year.  Annually, all partnering companies will be placed in a pool for random selection.   If a selected company received an OSHA onsite non-enforcement verification in the preceding year, the name will be withdrawn and a new company name will be selected.

   The annual report will serve as a means of tracking the partnering companies that will be ineligible to go through consecutive annual non-enforcement verification audits.

7. PARTNERSHIP MANAGEMENT

   A Partnership Steering Committee comprised of representatives from the ABC Southeast Pennsylvania Safety Committee and OSHA’s Allentown and Philadelphia Area Offices will meet quarterly and oversee the activities of this partnership:

   • ABC will forward the names of those companies who have elected to participate in this partnership, along with their STEP award level, to OSHA’s Allentown and Philadelphia Area Offices.  The OSHA Area Offices will forward participant names to the Regional Office to coordinate recognition of participants on OSHA’s public web site.
   • ABC will also forward to OSHA from each partnering company an Agreement of Participation (Appendix A).
   • ABC will share with OSHA the data required to calculate the DART rate for the baseline years and each subsequent year for the annual evaluation of this partnership, including data on the four focused construction hazards (falls, struck-by and caught-in mishaps, and electrocution).
   • The Partnership Steering Committee will meet quarterly to review partnership issues, mentoring activities, and to examine updated DART rates and the injury and illness experience of ABC participants to make corrections and adjustments, as needed, in order to facilitate excellence in the participants’ occupational safety and health programs.


8. EMPLOYEE AND EMPLOYER RIGHTS

   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 the Act.

9. TERMINATION

   This agreement will terminate three years from the date the partnership is signed.  If either OSHA or ABC 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.

10. EVALUATION

    The Partnership Steering Committee comprised of representatives from the ABC Southeast Pennsylvania Safety Committee and OSHA’s Allentown and Philadelphia Area Offices will prepare an annual evaluation of the partnership using Appendix B.  The evaluation will review the implementation of the agreement and will include a discussion of how the goals were met and any changes that need to be made to achieve its stated goals and objectives.

11. PAPERWORK REDUCTION ACT

    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.

12. Contact List:

    OSHA - Allentown:  Scott G. Shimandle, 850 N. 5th Street, Allentown, Pa 18102, (610) 776-0592

    OSHA - Philadelphia:  James Touey, US Customs House, Room 242, Second & Chestnut Street, Philadelphia, Pa 19106, (215) 597-4955

    ABC SE PA Chapter:  John Judge, 430 West Germantown Pike, East Norriton, Pa 19403, (610) 279-6666

    Signature Page:  Partnership Agreement between the OSHA Allentown and Philadelphia Area Offices and the Pennsylvania Associated Builders and Contractors Southeast Pennsylvania Chapter

All undersigned Parties mutually agree to the terms and conditions of this document and commencement of this Partnership Agreement on this day of

___________________________________ Area Director USDOL/OSHA Allentown Area Office

__________________________________ President Associated Builders and Contractors, Inc. Southeast Pennsylvania Chapter

___________________________________ Area Director USDOL/OSHA Philadelphia Area Office

__________________________________ Safety Committee Chairperson Associated Builders and Contractors, Inc. Southeast Pennsylvania Chapter

The United States Department of Labor Occupational Safety and Health Administration (OSHA) and the Associated Builders and Contractors, Inc., Southeast Pennsylvania Chapter (ABC) recognize the importance of providing a safe and healthful work environment for Pennsylvania’s workforce.  To advance our goal, we strongly agree on the need to develop a working relationship that fosters trust and respect for each organization’s respective role in the safety process.  We recognize and embrace the responsibilities inherent in those roles.  We are committed to work as partners to achieve workplace safety. The undersigned company and ABC mutually recognize the importance of providing a safe and healthful work environment for their employees, and jobsites.  To advance our goals, said member agrees with the criteria of the Partnership between OSHA’s Allentown and Philadelphia Area Offices and the ABC Southeast Pennsylvania Chapter.
Said member has read in its entirety the criteria of the partnership.  In signing this agreement, said member company agrees to all the conditions and terms of the partnership.  Said member also agrees to the following:

1. Cooperate in the development and continuous improvement of safety training programs for their employees.
2. Ensure that safety policies and practices are effective and consistent.
3. Recognize and honor the Partnership on an annual basis.
4. Review with the Partnership Steering Committee quarterly updates of said member’s injury and illness experience including DART rates and the focused four construction hazards.
5. Either party to the partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner.

 

Agreed to this day, _____________________, 200­___

Company Name:_______________________________________________________

Company Main Contact:_________________________________________________

Company Address:_________________________________________________________

_______________________________________________________________________

Phone:_________________________

Fax Number:_____________________________

Main Contact Email: ____________________________________

 

Signature:__________________________________________________

Partnership Name

Purpose of Partnership
Goal of Partnership
Goal	Strategy	Measure
Anticipated Outcomes

Strategic Management Plan Target Areas (check one)
Construction		Amputations in Manufacturing
General Industry
Strategic Management Plan Areas of Emphasis (check all applicable)
Amputations in Construction		Oil and Gas Field Services
Blast Furnaces and Basic Steel Products		Preserve Fruits and Vegetables
Blood Lead Levels		Public Warehousing and Storage
Concrete, Gypsum and Plaster Products		Ship/Boat Building and Repair
Ergo/Musculoskeletal		Silica-Related Disease
Landscaping/Horticultural Services

Section 1 - General Partnership Information

Date of Evaluation Report
Evaluation Period:
Start Date			End Date

Evaluation OSHA Contact Person
Originating Office

Partnership Coverage
# Active Employers		# Active Employees

Industry Coverage (note range or specific SIC and NAICS for each partner)
Partner	SIC	NAICS

Section 2 - Activities Performed

Note whether an activity was provided for by the OSP and whether it was performed
	Required	Performed
a. Training
b. Consultation Visits
c. Safety and Health Management Systems Reviewed/Developed
d. Technical Assistance
e. VPP-Focused Activities
f. OSHA Enforcement Inspection
g. Offsite Verifications
h. Onsite Non-Enforcement Interactions
i. Participant Self-Inspections
j. Other Activities

2a. Training (if performed, provide the following totals)
Training session conducted by OSHA staff
Training session conducted by non-OSHA staff
Employees trained
Training hours provided to employees
Supervisors/managers trained
Training hours provided to supervisors/managers
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2b. Consultation Visits (if performed, provide the following total)
Consultation visits to partner sites
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2c. Safety and Health Management Systems (if performed, provide the following total)
Systems implemented or improved using the 1989 Guidelines as a model
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2d. Technical Assistance (if performed, note type and by whom)
	Provided by OSHA Staff	Provided by Partners	Provided by Other Party
Conference/Seminar Participation
Interpretation/Explanation of Standards or OSHA Policy
Abatement Assistance
Speeches
Other (specify)
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2e. VPP-Focused Activities (if performed, provide the following total)
Partners/participants actively seeking VPP participation
Applications submitted
VPP participants
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2f. OSHA Enforcement Activity (if performed, provide the following totals for any programmed, unprogrammed, and verification-related inspections)
OSHA enforcement inspections conducted
OSHA enforcement inspections in compliance
OSHA enforcement inspection with violations cited
Average number of citations classified as Serious, Repeat, and Willful
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2g. Offsite Verification (if performed, provide the following total)
Offsite verifications performed
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2h. Onsite Non-Enforcement Verification (if performed, provide the following total)
Onsite non-enforcement verifications performed
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2i. Participant Self-Inspections (if performed, provide the following total)
Self-inspections performed
Hazards and/or violations identified and corrected/abated
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)

2j. Other Activities  (briefly describe other activities performed)

Section 3 - Illness and Injury Information ^A

Year and Avg. Score	Hours	Falls	Struck-by	Caught-in	Electrical	Total # of Days Away from Work Restricted and Transferred Activity Cases	DART
2009/
2010/
2011/
Total
Three Year Rate (2009-2011)
BLS National Average for 2007 – NAICS 23
Baseline

Comments

^A Sample Chart – not required format
Section 4 - Partnership Plans, Benefits, and Recommendations

Changes and Challenges (check all applicable)
	Changes	Challenges
Management Structure
Participants
Data Collection
Employee Involvement
OSHA Enforcement Inspection
Partnership Outreach
Training
Other (Specify)
Comments

Plans to Improve (check all applicable)
	Improvements	N/A
Meet more often
Improve data collection
Conduct more training
Change goals
Comments

Partnership Benefits (check all applicable)
Increased safety and health awareness
Improved relationship with OSHA
Improved relationship with employers
Improved relationship with employees or unions
Increased number of participants
Other (specify)
Comments

Status Recommendations (check one)
Partnership Completed
Continue/Renew
Continue with the following provisions:
Terminate (provide explanation)