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Partnership Agreement
Between
Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
and the
U.S. Department of Labor
Occupational Safety and Health Administration
Allentown, Philadelphia and Wilkes-Barre Area Offices
- PARTNERS
The partners of the Agreement are:
- The Eastern Pennsylvania Chapter of the Associated Builders and Contractors Inc. (ABC-EPA)
- The Allentown, Philadelphia and Wilkes-Barre Area Offices of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)
- PURPOSE/SCOPE
The Associated Builders and Contractors (ABC) and their Eastern Pennsylvania Chapter (ABC-EPA) and OSHA mutually recognize the importance of providing a safe and healthful work environment for those employees working in eastern 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 Associated Builders and Contractors, Inc. (ABC). The Safety Training and Evaluation Process (STEP) is an objective tool that contractor members can use to evaluate and strengthen their safety programs, policies and procedures. Through STEP, ABC-EPA recognizes participants based on their development and enactment of safety programs, policies and procedures. The six recognition levels are Participant, Bronze, Silver, Gold, Platinum and Diamond. STEP program resources, along with the most current application and instructions for completing it, can be found on ABC's web page at http://www.abc.org/Safety/STEP.aspx.
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.
- PARTICIPATION GOALS/STRATEGIES/MEASURES
ABC and OSHA will work in partnership to accomplish the following goals:
- Increase the number of ABC-EPA firms that participate in the STEP program
Strategies:
Mentor Participant, Bronze, Silver, Gold, Platinum and Diamond STEP award applicants to develop, implement, and maintain effective safety and health programs and move to or maintain the ABC Diamond level.
ABC-EPA and OSHA will share and disseminate best safety practices in the construction industry.
Measures:
The number of new applicants that participate in the STEP program.
The number of applicants (those employers which previously submitted a STEP application) that move to another STEP level.
- PARTNER ROLES AND RESPONSIBILITIES
ABC-EPA and OSHA agree to work in partnership to improve safety and health performance of participating employers.
ABC-EPA agrees to:
Distribute STEP applications to ABC-EPA members.
Distribute information regarding this partnership, and a written opportunity to participate in this partnership, along with the STEP application.
Inform OSHA of those employers participating in the partnership, along with their level of recognition (Participant, Bronze, Silver, Gold, Platinum or Diamond).
Provide OSHA with a copy of the sign-in sheets and minutes for all Mentoring Events and Chapter Safety Committee meetings. Additionally, the ABC-EPA will provide documentation of any Participating Employer (OSHA Partner) who completes an ABC 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 with implementation and best practices in construction safety.
Share and, when possible, post best practices in construction safety on ABC websites, especially as they relate to correcting the four focused construction hazards and improving STEP award levels.
OSHA agrees to:
Work cooperatively with ABC-EPA 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-EPA to recommend program improvements to individual Participant, Bronze, Silver, Gold, Platinum and Diamond STEP applicants.
Conduct unannounced onsite non-enforcement verification evaluations/audits of 10% of the employers participating in this partnership and send summary notifications upon completion of the evaluation/audit.
Ensure that the affected OSHA Area Office staff members are familiar with requirements and objectives of this partnership.
Participate in ABC-EPA conferences, committee meetings and/or other professional functions, as time and resources permit.
Recognize partnering employers on OSHA's public website.
Post best practices in construction safety on OSHA's public website, especially as they relate to correcting any of OSHA's four focused construction hazards. This information will be provided through the annual report, when such best practices are identified.
Contact any OSHA Partner that has missed a quarterly Mentoring Event and/or other safety event as defined by this agreement and request an explanation or justification for missing the event(s).
OSHA Partnering Employers agree to:
Complete and submit the Safety Training and Evaluation Process (STEP) Program Application annually.
Complete, sign and submit to the ABC-EPA the Agreement of Participation (Appendix A).
Complete and submit the Focus Four Injury and Training Data Collection Sheet (Appendix B) annually.
Attend all quarterly Mentoring Events. The Mentoring Events will be held at different locations, to provide more opportunities to participate and greater flexibility with work schedules and geographical location.
Annually, attend at least two other safety events. These events can be attendance at the ABC-EPA Safety Committee meetings, which normally are held on the second Friday of each month or any ABC sponsored safety class (any topic) during the STEP year. If another ABC Chapter sponsored class is utilized to fulfill this requirement, sufficient documentation must be provided to the ABC-EPA for tracking and reporting.
Withdraw from this agreement if they fail to meet these requirements. This action will occur after consultation with the Partnership Steering Committee.
- BENEFITS
OSHA will offer the following benefits to ABC-EPA employers participating in this partnership:
- Outreach, technical assistance and training, to include:
- Being available for a variety of onsite and offsite activities such as review of the safety and health management system and assistance to develop or improve the system, and guidance in conducting audits and evaluations.
- Seminars, workshops and other speaking events.
- Informational materials such as safety and health brochures, pamphlets, and electronic tools.
- Award a certificate of "participation" to OSHA partners who support occupational safety and health under the full terms of this partnership agreement. It is anticipated that certificates will be provided one year after their signatory participation, as support would not be recognized until the participant has fulfilled its obligations for the year.
- VERIFICATION
Annually, OSHA Compliance Assistance Specialists will conduct onsite non-enforcement verification(s) of 10% of the employers participating in this partnership. OSHA will evaluate the employer's progress toward meeting the goals of this partnership agreement, implementation of its safety and health management system and observe the site to see if the partnering employer is adequately protecting its employees, with emphasis in the top four causes of construction injuries: falls, struck-by and caught-in mishaps, and electrocution (OSHA's four focused construction hazards).
Annually, all partnering employers will be placed in a pool for random selection. If a selected employer had received an OSHA onsite non-enforcement verification audit in the preceding year, the employer's name will be withdrawn and a new employer will be selected. No partnering employer will be selected for an OSHA verification audit in two consecutive years. The annual report will serve as a means of tracking which partnering employers will be ineligible for a non-enforcement verification audit, because they received one the previous year.
- PARTNERSHIP MANAGEMENT
A Partnership Steering Committee comprised of representatives from the ABC-EPA Safety Committee and OSHA's Allentown and/or Philadelphia and/or Wilkes-Barre Area Offices, will meet quarterly (at a minimum) and oversee the activities of this partnership:
- ABC-EPA will forward to OSHA a completed and signed Agreement of Participation (Appendix A) from each partnering employer.
NOTE: OSHA's Allentown Area Office (AAO) will oversee the management of this OSHA partnership agreement. The AAO point of contact will forward all signatory participant names to the Regional Office to coordinate recognition of participants on OSHA's public website. This will be conducted through the submission of the annual partnership report.
- ABC-EPA will also forward the partnering employers' STEP applications and STEP award levels.
- ABC-EPA will share with OSHA the data required to calculate the TCIR and DART rates 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 (at a minimum) to review partnership issues, including review of each partnering employers commitment to meeting the goals and requirements of this agreement, mentoring activities, and to examine updated TCIR and DART rates and the injury and illness experience of ABC-EPA participants. This will allow the participants to make corrections and adjustments as needed, in order to facilitate excellence in the participants' occupational safety and health programs.
- 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.
- TERM OF PARTNERSHIP
This agreement will terminate three years from the date the partnership is signed. If either OSHA or ABC-EPA 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.
Partnering employers may withdraw from this agreement at any time upon submission and receipt of a written notice of intent to withdraw from this partnership agreement. Submission of withdrawal must be sent to the ABC-EPA Chapter and the Allentown Area Office.
- EVALUATION
The Partnership Steering Committee will prepare an annual evaluation of the partnership using Appendix C. 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.
- PAPERWORK REDUCTION ACT
Paperwork Reduction Act Notice, Form Approved OMB# 1218-0244 expires June 30, 2012. 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.
- Primary Partnership Contacts:
OSHA - Allentown: Scott G. Shimandle
OSHA - Philadelphia: James Touey
OSHA - Wilkes-Barre: Steven Delp
ABC - EPA Chapter: John Judge
Signature Page for the Partnership Agreement between the OSHA Allentown, Philadelphia and Wilkes-Barre Area Offices and the Associated Builders and Contractors, Inc. Eastern Pennsylvania Chapter representatives.
| All undersigned Parties mutually agree to the terms and conditions of this document and commencement of this Partnership Agreement on this day of 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
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__________________________________
President
Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
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___________________________________
Area Director
USDOL/OSHA
Philadelphia Area Office
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__________________________________
Safety Committee Chairperson
Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
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___________________________________
Area Director
USDOL/OSHA
Wilkes-Barre Area Office
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|
APPENDIX A
AGREEMENT OF PARTICIPIATION
IN THE PARTNERSHIP BETWEEN
Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
and the
U.S. Department of Labor - OSHA
Allentown, Philadelphia and Wilkes-Barre Area Offices
The United States Department of Labor Occupational Safety and Health Administration (OSHA) and the Associated Builders and Contractors, Inc., Eastern Pennsylvania Chapter (ABC-EPA) each 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 employer and ABC-EPA mutually recognize the importance of providing a safe and healthful work environment for their employees. To advance our goals, said member agrees with the criteria of the Partnership between OSHA's Allentown, Philadelphia and Wilkes-Barre Area Offices and the ABC Eastern Pennsylvania Chapter.
Said member has read this partnership agreement in its entirety. In signing this agreement, said member agrees to all the conditions and terms of the partnership. Said member also agrees to the following:
- Cooperate in the development and continuous improvement of safety training programs for their employees.
- Ensure that safety policies and practices are effective and consistent.
- Review members' injury and illness experience, including TCIR and DART rates, and the focused four construction hazards with the Partnership Steering Committee.
- 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.
- Either party to the partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner.
APPENDIX A
INFORMATION AND SIGNATURE PAGE
FOR
PARTICIPIATION AGREEMENT
Please PRINT:
Agreed to this day, _____________________, 201___
Employer Information:
Employer Name:____________________________________________________________
Address:__________________________________________________________________
City:_______________________ State:_______Zip Code:___________________________
Office Phone Number:________________________
Office Fax Number:__________________________
Employer Safety Contact:_____________________________________________________
Safety Contact Email: ____________________________________
Employer Representative (if different than above):
________________________________________________________________________
Signature:_________________________________________________________________
APPENDIX B
ABC-EPA / OSHA Partnership
Focus Four Injury and Training Data Collection
Employer: ____________________________________________________
Please list the number of OSHA 300 recordable injuries for Calendar Year 201___ in each category (if none – please indicate 0):
Falls: __________ Caught-in: _________
Struck-by: _________ Electrical: _________
Total hours worked by all employees: _____________
Safety/Health Training (classroom, computer and/or toolbox topics) Information for Calendar Year 201___:
Employee Hours: _____________
Supervisor/Manager Hours: _____________
Topics of Training:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Person Reporting:
________________________________________________________________________
Signature Print Name Position
Please note: some of this information was previously reported on your STEP Application, but was removed in 2010. The ABC EPA/OSHA Partnership is committed to tracking data in the Focus Four Hazards and safety/health training.
Please send by email or fax to 610-279-7052, Attn: John Judge.
Appendix C
OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
Purpose of Partnership |
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Goal of Partnership |
Goal |
Strategy |
Measure |
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Anticipated Outcomes |
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Strategic Management Plan Target Areas (check one) |
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Construction |
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Amputations in Manufacturing |
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General Industry |
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Strategic Management Plan Areas of Emphasis (check all applicable) |
Amputations in Construction |
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Oil and Gas Field Services |
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Blast Furnaces and Basic Steel Products |
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Preserve Fruits and Vegetables |
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Blood Lead Levels |
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Public Warehousing and Storage |
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Concrete, Gypsum and Plaster Products |
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Ship/Boat Building and Repair |
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Ergo/Musculoskeletal |
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Silica-Related Disease |
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Landscaping/Horticultural Services |
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Section 1 - General Partnership Information
Date of Evaluation Report |
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Evaluation Period: |
Start Date |
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End Date |
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Evaluation OSHA Contact Person |
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Originating Office |
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Partnership Coverage |
# Active Employers |
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# Active Employees |
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Industry Coverage (note range or specific SIC and NAICS for each partner) |
Partner |
SIC |
NAICS |
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Section 2 - Activities Performed
Note whether an activity was provided for by the OSP and whether it was performed |
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Required |
Performed |
a. Training |
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b. Consultation Visits |
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c. Safety and Health Management Systems Reviewed/Developed |
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d. Technical Assistance |
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e. VPP-Focused Activities |
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f. OSHA Enforcement Inspection |
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g. Offsite Verifications |
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h. Onsite Non-Enforcement Interactions |
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i. Participant Self-Inspections |
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j. Other Activities |
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2a. Training (if performed, provide the following totals) |
Training session conducted by OSHA staff |
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Training session conducted by non-OSHA staff |
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Employees trained |
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Training hours provided to employees |
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Supervisors/managers trained |
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Training hours provided to supervisors/managers |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2b. Consultation Visits (if performed, provide the following total) |
Consultation visits to partner sites |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2c. Safety and Health Management Systems (if performed, provide the following total) |
Systems implemented or improved using the 1989 Guidelines as a model |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2d. Technical Assistance (if performed, note type and by whom) |
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Provided by OSHA Staff |
Provided by Partners |
Provided by Other Party |
Conference/Seminar Participation |
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Interpretation/Explanation of Standards or OSHA Policy |
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Abatement Assistance |
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Speeches |
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Other (specify) |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2e. VPP-Focused Activities (if performed, provide the following total) |
Partners/participants actively seeking VPP participation |
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Applications submitted |
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VPP participants |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2f. OSHA Enforcement Activity (if performed, provide the following totals for any programmed, unprogrammed, and verification-related inspections) |
OSHA enforcement inspections conducted |
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OSHA enforcement inspections in compliance |
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OSHA enforcement inspection with violations cited |
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Average number of citations classified as Serious, Repeat, and Willful |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2g. Offsite Verification (if performed, provide the following total) |
Offsite verifications performed |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2h. Onsite Non-Enforcement Verification (if performed, provide the following total) |
Onsite non-enforcement verifications performed |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2i. Participant Self-Inspections (if performed, provide the following total) |
Self-inspections performed |
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Hazards and/or violations identified and corrected/abated |
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Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed) |
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2j. Other Activities (briefly describe other activities performed) |
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Section 3 - Illness and Injury Information
Year /Avg. STEP
Score
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Hours Worked |
Falls |
Struck-by |
Caught-in |
Electrical |
Total # Cases |
TCIR |
Total # of DART Cases |
DART |
2012/ |
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2013/ |
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2014/ |
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Total |
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Three Year Rate (2012-2014) |
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BLS National Average for 2010 - NAICS 23 |
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4.0 |
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2.1 |
Baseline Data |
2009-2011 |
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Section 4 Partnership Plans, Benefits, and Recommendations
Changes and Challenges (check all applicable) |
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Changes |
Challenges |
Management Structure |
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Participants |
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Data Collection |
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Employee Involvement |
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OSHA Enforcement Inspection |
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Partnership Outreach |
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Training |
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Other (Specify) |
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Comments |
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Plans to Improve (check all applicable) |
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Improvements |
N/A |
Meet more often |
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Improve data collection |
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Conduct more training |
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Change goals |
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Comments |
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Partnership Benefits (check all applicable) |
Increased safety and health awareness |
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Improved relationship with OSHA |
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Improved relationship with employers |
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Improved relationship with employees or unions |
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Increased number of participants |
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Other (specify) |
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Comments |
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Status Recommendations (check one) |
Partnership Completed |
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Continue/Renew |
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Continue with the following provisions: |
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Terminate (provide explanation) |
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Year /Avg. STEP
Score
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Hours Worked |
Falls |
Struck-by |
Caught-in |
Electrical |
Total # Cases |
TCIR |
Total # of DART Cases |
DART |
2012/ |
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2013/ |
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2014/ |
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Total |
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Three Year Rate (2012-2014) |
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BLS National Average for 2010 - NAICS 23 |
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4.0 |
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2.1 |
Baseline Data |
2009-2011 |
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Partnering Employer: _______________________________________________
Year /Avg. STEP
Score
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Hours Worked |
Falls |
Struck-by |
Caught-in |
Electrical |
Total # Cases |
TCIR |
Total # of DART Cases |
DART |
2012/ |
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2013/ |
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2014/ |
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Total |
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Three Year Rate (2012-2014) |
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BLS National Average for 2010 - NAICS 23 |
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4.0 |
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2.1 |
Baseline Data |
2009-2011 |
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