OSHA Strategic Partnership Program<< Back to Region 4

THIS AGREEMENT, entered into this 19th day of April 2000, by and among JEA, a body politic and corporate in Jacksonville, Florida ("JEA"), the Florida DEPT. OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF SAFETY, ("DOS"), and the UNITED STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ("OSHA"), a department of the United States Government.
 
WITNESSETH:

WHEREAS, the number of fatalities in Florida investigated by OSHA, has increased significantly (by 20%) over the past three years. Fatality investigations involving construction increased 30%. In 1998, the State of Florida experienced 130 fatalities, 65 (50%) of which were in construction; and

WHEREAS, data from OSHA’s computer system indicates that the FY 98, 65 (50%) of the 133 fatalities in Florida were in construction. During the past three fiscal years (1996-1998), as the total fatality number continued to increase, the percentage of fatalities related to construction as compared to total fatalities also increased, from 46% to 50%; and

WHEREAS, enforcement data from the accident investigation summary for the construction industry indicates that in Florida, the four leading causes of death were fall, struckby, caught-in, and electrical hazards. In 1998 in Florida, 72% of the construction fatalities were related to these four hazards; and

WHEREAS, the primary goal of this Agreement is the reduction of serious injuries and fatalities in the construction industry, a secondary goal is to obtain recognition from OSHA for JEA and those contractors that have developed and implemented effective safety and health programs with employee participation and site specific safety and health plans that assure compliance with OSHA standards, policies and procedures; and

WHEREAS, this Agreement promotes contractor partnerships with OSHA; JEA and the Florida Division of Safety, in guidelines under the 21 (d) grant, will verify that the Agreement requirements are being met and Agreement goals are being attained by reviewing evidence of regular and effective internal safety audits, accident investigations and injury/illness data; and

WHEREAS, the objective of the parties is to reduce injuries/illnesses and fatalities by leveraging voluntary compliance through JEA and the Florida Division of Safety, working with qualified local contractors and labor organizations, which will allow OSHA to focus its compliance resources on work sites which are more likely to have serious hazards; now therefore

IN CONSIDERATION OF the mutual promises herein contained and for other good valuable consideration, parties agree:
  1. Incorporation of Recitals:

    The above state recitals are true and correct and, by this reference, are incorporated herein and made a part hereof.

  2. The following are requirements that contractors must establish to work on JEA projects.

    1. Experience Modification Rate (EMR) of 1.0 or less.
       
    2. Recordable Incidnet Rate (RIR) of 5.0 or less.
       
    3. Lost Time Incident Rate (LTIR) of 1.0 or less.
       
    4. OR: a provisionary status of understanding that the contractors using guidelines/outlines will achieve the requirements noted in B.1 through B.3 in one year.
       
    5. All contractors on a JEA site must have developed and implemented a written safety and health program, which includes responsibility and accountability of all line supervisors for safety and employee participation.
       
    6. JEA contractors will require that all subcontractors meet the requirements of this partnership.
       
    7. Each contractor will be required to designate a responsible safety representative for each JEA site. The employee will have the authority, responsibility and training to immediately correct any safety deficiencies.
       
    8. All employees on JEA work site shall have received the OSHA 10-hour Construction Course or equivalent training. Employees will be training in hazard recognition, OSHA standards, company safety policies and their rights under the OSH Act of 1970.
       
    9. On all JEA job sites, supervisors and foremen shall have received the OSHA 10-hour Construction Course or equivalent training, CPR/First Aid training, and the JEA Safety Leadership Development Class.
       
    10. All Contractors on a JEA site will establish and enforce a fall protection program for falls from elevation in excess of six feet.
  3. Implementation:

    1. JEA and the Florida Division of Safety will perform periodic comprehensive safety and health audits of each worksite. Audits will involve the employee safety representative, if any, and general employees. Safety and health audits will address at a minimum the following areas: fall hazards, caught in/between hazards, electrical hazards, and trenching and excavation hazards. Employers will include other areas of high hazards when appropriate such as, but not limited to, confined space hazards. Hazards identified during the audit will be corrected. Near misses will be documented and investigated.
       
    2. JEA will obtain the following data to establish a baseline to calculate future results of this partnership agreement

      1. The Workers’ Compensation data and current Experience Modification Rate (EMR).
         
      2. The Recordable Incident Rate (RIR)
         
      3. The documented Loss Time Incidence Rate (LTIR) for the year.
         
      4. Number of job sites, number of contractors and subcontractors and employees covered throughout the year by this partnership agreement.
         
      5. All accident investigations and near misses during the previous year, including accidents involving contractors and subcontractors on their sites.
    3. Nothing in the Agreement will exempt the general contractors in meeting their obligation to control the site and to promptly remove employees at the site from safety and health hazards. The general contractor may be subject to citation in accordance with OSHA’s multi-employer citation policy outlined in Chapter III, Paragraph C.6 of OSHA Instruction CPL 2.103.
  4. The following are incentives for JEA approved contractors and subcontractors who work on JEA projects:

    1. Focused versus comprehensive Inspections on all programmed inspections. If serious hazards are found, OSHA may expand the inspection to comprehensive.
       
    2. No penalties for non-serious violations except for record keeping violations and reporting fatalities.
       
    3. A Quick-Fix penalty reduction of 15% will be applied to an individual violation’s base penalty after the base penalty has been calculated if the violation is corrected on the spot.
       
    4. Maximum penalty reduction for good faith, except for willful, repeat, and failure-to-abate violations and fatality investigations.
       
    5. Reductions on uncontested serious violations of up to 25% during informal settlement conferences.
       
    6. Technical assistance and training by OSHA and the Florida Division of Labor as resources permit.
       
    7. OSHA will inform complainants of the JEA Alliance Partnership with OSHA and explain the option of handling complaints by phone and fax.
       
    8. If a focused inspection has been conducted and no violations are found, a programmed inspection will not be conducted for 12 months or until a new phase of the project is started.
       
    9. Assistance and guidance from OSHA for the application process to obtain OSHA’s Voluntary Protection Program recognition.
       
    10. OSHA will provide JEA with copies of all citations issued to JEA contractors and subcontractors on JEA worksites during the length of this agreement.
  5. Termination

    1. OSHA and JEA will reassess this Agreement if a JEA approved contractor:

      1. Receives willful or failure-to-abate violations.
         
      2. Receives numerous violations.
         
      3. Receives high gravity, serious violations.
         
      4. Fails to follow OSHA reporting requirements such as reporting an accident or a catastrophe within eight hours.
         
      5. Has an employee representative who requests a reassessment.
    2. Failure to follow the requirements of this Agreement may result in termination of the Agreement.
       
    3. This Agreement will last for three years from the date of signing. OSHA, the Division of Safety, or JEA may terminate the Agreement, at any time, by providing the other parties with 30 days written notice that the Agreement is canceled. After the lapse of three-year period, the three parties may meet to determine if a continuation of this Agreement will be necessary and a time period will be decided upon during this meeting.
       
    4. If this Agreement subjects JEA to any additional federal or state regulatory oversight, it may be terminated immediately by JEA upon 24 hours notice. For purposed of this section, the determining of such additional regulatory oversight shall be made exclusively by JEA, in its sole discretion.
  6. Recording in IMIS

    OSHA will code inspections of partnership employers as JEAPART in block 25C of the OSHA 1 of any inspections of JEA jobsites.

  7. Evaluation of this Agreement:

    By February 28 of each year that this agreement remains active, an evaluation of this project will be conducted by JEA and OSHA examining the following, with JEA submitting a report to OSHA’s Jacksonville Area Office and the Florida Division of Safety annually.

    1. Number of contractors in this partnership.
       
    2. Number of subcontractors in this partnership.
       
    3. Number of employees protected by this partnership.
       
    4. Number of employees trained under this partnership.

      1. Employees
         
      2. Supervisors
    5. Number of phone and fax complaints investigated by OSHA.
       
    6. Number of evaluation audits by JEA
       
    7. Number of hazards corrected by contractors through JEA inspections relating to:

      1. Falls

        1. Scaffolds
        2. Other than scaffolds
      2. Electrical

        1. Overhead power lines
        2. Other electrical
      3. Struck-by

        1. Automobile, bus, tractor-trailer
        2. Moving equipment other than listed under (1)
        3. Other
      4. Caught-in

        1. Trench
        2. Other
    8. Changes in the Recordable Incident Rate (RIR).
       
    9. Changes in the Loss Time Incident Rate (LTIR).
       
    10. Number of Contractors or subcontractors terminated and the reason for termination.
       
    11. Changes in the Experience Modification Rate (EMR). May take three years to accurately reflect this measurement).
       
    12. Number of traditional inspections by OSHA and compliance indicators. (OSHA will measure this data)

      1. General schedule:

        1. Focus
        2. Comprehensive
      2. Response related

        1. Complaints
        2. Referrals
        3. Fatalities
      3. Compliance Indicators (at a minimum)

        1. %Serious
        2. %Repeat
        3. %Willful
        4. %Unclassified
        5. %Failure to Abate
        6. %Other
        7. Average Violations Per Inspection


 
Appendix A


AGREEMENT AMONG
JEA
THE FLORIDA DIVISION OF SAFETY
AND
UNITED STATES DEPARTMENT OF LABOR,
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION


All references to the Florida Division of Safety will be replaced by the University of South Florida Consultation Program throughout the partnership agreement.

 
AGREEMENT AMONG
JEA
THE UNIVERSITY OF SOUTH FLORIDA CONSULTATION PROGRAM
AND
UNITED STATES DEPARTMENT OF LABOR,
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION