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STRATEGIC PARTNERSHIP
Between
THE OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION (OSHA)
And
ATLANTA ELECTRICAL CONTRACTORS ASSOCIATION,
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
ATLANTA ELECTRICAL JOINT APPRENTICESHIP TRAINING COMMITTEE
And
THE GEORGIA TECH RESEARCH INSTITUTE
- Partnership Purpose/Scope
The Occupational Safety and Health Administration (OSHA), as well as the
Atlanta Electrical Contractors Association (AECA) a division of the National
Electrical Contractors Association (NECA), the International Brotherhood of
Electrical Workers (IBEW Local 613), the Atlanta Electrical Joint
Apprenticeship Training Committee (AEJATC) and the Georgia Tech Research
Institute (GTRI) recognize the important of preventing the four hazards
(falls, electrical, caught in/between and struck-by hazards), which account
for the majority of fatalities and injuries in the construction industry.
Therefore, these groups have joined OSHA in a partnership that will focus on
improving the safety and health performance and strive to eliminate electrical
hazards in the targeted area.
The specific goals of this agreement include decreasing the injury/illness
rates of the total partnership by 3% per annum; establishing an industry
standard checklist for use during work on energized circuits; increasing the
implementation of comprehensive safety programs; decreasing worker’s
compensation costs for participants; and increasing the level of safety
training and its availability for workers.
- Identification of Partners
This strategic partnership will heighten the visibility of OSHA at IBEW/AECA/AEJATC
projects, as well as continue to nurture a cooperative relationship. The
partners in this program include:
- The Occupational Safety and Health Administration (OSHA);
- International Brotherhood of Electrical Workers (IBEW);
- Atlanta Electrical Contractors Association (AECA);
- Atlanta Electrical Joint Apprenticeship Training Committee (AEJATC);
- Georgia Tech Research Institute (GTRI)
- Goals
Through this agreement OSHA/ IBEW/AECA/AEJATC/GTRI will attempt to achieve
several safety and health related goals, which are listed below:
- Decrease of 3% per annum as a total membership to the participating
employers injury/illness rates for the term of the partnership
- Reduce workers compensation costs as a gross amount for the total
membership of participating employers by 3% per annum.
- Implementation of a standard industry checklist designed to exceed OSHA
requirements that will be required to be used when working energized
circuits. This policy will be based on the most recent National Fire
Protection Association® (NFPA®) 70e Standard for Electrical Safety
Requirements for Employee Workplaces.
- Increase the development and implementation of effective comprehensive
safety and health programs among participating worksites based on ANSI A-10
or OSHA 1989 Safety & Health Guidelines.
- Increased accessibility to quality safety training and education by the
AEJATC and the employer, thereby raising safety awareness of both employees
and the employer. Ensure that 100% of Apprentice, Journeymen and
Intermediate Journeymen are trained in the OSHA 10-Hour Outreach Program.
- Performance Measures
The outcome measures which will be used to evaluate the success of this
agreement will include the following:
- The measure for goals #1 and #2 will include reviewing the OSHA 300
data, calculating TCIR, and comparing workers comp cost annually
- The measurement system for goal #3 will include the implementation of
Appendix A, self-inspections, GTRI inspections; hazards identified and
controlled, and corrective action
- Goal #4 will be measured by determining the number of companies
participating in the partnership that implement an effective safety and
health management system
- The measurement for goal #5 will be determined by the number of
journeymen, intermediate journeymen and apprentices with OSHA 10-hour
training
- Management and Operation of Partnership
The OSHA/ IBEW/AECA/AEJATC/GTRI Partnership Steering Committee (referred to
hereafter as the Steering Committee) is the governing body and will administer
the overall Partnership, including but not limited to the initial evaluation
conducted to determine the contractor’s eligibility for participation in the
partnership. The Steering Committee will consist of two representatives from
each partner, with the exception of GTRI which will provide one member. The
Steering Committee will consider all pertinent company information during the
application process. This information may include the attached appendices as
well as the other items addressed in the Qualification Guidelines (i.e.,
written and implemented safety and health program, training commitments, OSHA
citation history, fatalities, injury/illness experience and similar factors).
Any and all information garnered by the steering committee will be held with
the greatest confidentiality.
The Steering Committee shall provide OSHA with a complete listing of (eligible
participant’s worksites) during the quarterly meetings to ensure that onsite
verification inspections are conducted in a timely manner.
The Steering Committee will meet quarterly or more often and be responsible
for collecting data from applicants applying for all levels of membership in
the partnership at all levels including:
- Total Case Incidence Rate per 100 full-time employees
(TCIR) = # Total Cases X 200 000
Hours Worked
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- Days Away, Restricted, and/or Transfer Case Incidence Rate per 100
full-time employees
(DART) = # Lost and Restricted Cases X 200 000
Hours Worked
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- This data should be at least 10 percent below the BLS national average
for the electrical industry NAICS٭ code. (BLS 2006: TCIR ___/ DART __)
٭North American Industry Classification System (NAICS) = 238210 (Formally
SIC 1731)
- Both DART and TCIR should display a continual 3% annual Reduction of
Injuries, Illnesses and Fatalities.
- The company will submit statistics and OSHA 300 logs for the past three
years, and will be evaluated on a three-year average.
- If an employer applying for membership fulfills all other requirements,
but does not have qualifying TCIR and DART rates and/or the 3% continual
reduction, it may appeal for inclusion in the partnership. The steering
committee will review these appeals on a case-by-case basis, and may allow
the company to participate if the employer can demonstrate an effective plan
to achieve this requirement.
The Steering Committee will administer this agreement as outlined herein
and will serve as the primary safety resource, supporting the participating
employers and employees. The Steering Committee will provide the following
services:
- Act as a liaison for the IBEW/AECA/AEJATC/GTRI members with OSHA by
providing members with assistance addressing technical safety and health
concerns and OSHA related issues.
- In concert with the AEJATC and GRTI, offer ongoing, quality training on
topics of importance for members – specifically the OSHA focused areas of
fall protection, electrical hazards, caught between and struck by.
- Provide up-to-date informational materials and brochures to IBEW/AECA/AEJATC
Partnership members (from OSHA, GTRI’s Technical On-Site Consultation
Service, the Georgia Workers’ Compensation Board and other appropriate
organizations).
- Organize and provide to participating employers OSHA’s interpretations
of major standards, as well as local inspection perspectives.
- Develop and build written safety and health policies and programs for
participating employers, including emphasis on employer/employee
responsibilities.
- Notify OSHA on a quarterly basis with the name(s) of contractors that
have met the partnership criteria.
- Conduct annual audits to determine the impact and effectiveness of this
partnership with OSHA.
Note: A second committee within the partnership will be formed consisting
of the safety professionals / specialists employed by the members. This
Partnership Safety Resource Panel (referred to hereafter as the Safety
Resource Panel) will meet monthly to resolve issues and concerns, such as
cases where the guidelines of the partnership may be perceived as unworkable.
The next levels of guidance or assistance should come from within the
partnership by referral to the AEJATC and GTRI. If they are unable to assist,
the OSHA Compliance Assistant Specialist will be consulted for advice. The
Safety Resource Panel will consist of the full-time safety representatives
from the contractors, as well as one representative form GTRI and AEJATC.
There is not an OSHA representative on the safety resource panel to minimize
the impact on agency resources.
Participation Levels: There are three levels of participation
(Candidate, Associate Member & Full Member) within the partnership based on
the potential member’s eligibility. Employers interested in participating in
this partnership must also comply with the following eligibility requirements:
Candidate for Membership
- Those companies that recognize the value of an effective safety and
health management system, but are not quite ready to be a Member.
- Candidate Members must submit an application and be willing to submit
documents to the Steering Committee for review (such as the OSHA 300 Logs
and the company’s safety program).
- Candidate Members must implement control measures for the OSHA focused
hazard areas of fall protection, electrical hazards, caught between and
struck by. This must include implementation of a 100 percent fall protection
policy, either conventional or a system, when working at heights above six
feet regardless of the operation. In cases where these rules may be
perceived as unworkable, the employer will initially contact the Safety
Resource Panel, and then if they are unable to assist, the OSHA Compliance
Assistant Specialist will be consulted for abatement advice.
- The employer’s corporate OSHA history cannot include willful and repeat
violations, or serious violations directly related to the cause of a
fatality or catastrophe, in the last three years.
- All new field employees must receive site-specific training, in a
language that they understand, before beginning work, in addition to a new
hire safety orientation within the first week of hire. Topics for the
orientation must include the OSHA focused hazard areas of fall protection,
electrical hazards, caught between and struck by, plus personal protective
equipment.
- Within 12 months, all field employees must attend an OSHA 10-Hour
Training Course. Field employees must receive refresher training in the
10-Hour Course every three years.
- Within 12 months, all field supervisors must attend an OSHA 30-Hour
Training Course. Field supervisors must receive refresher training in the
30-Hour Course every three years. Note: The Field Supervisor is defined as
the highest level of field personnel responsible on multi-crew projects,
performing activities to direct/control work.
- Must show evidence in writing that employees and supervisors are held
accountable for safety.
- Allow OSHA access to the site for inspection, if the employer has the
authority to allow an inspection of the site. OSHA will follow the
guidelines for inspections as outlined in the Field Inspection Reference
Manual (FIRM).
- Must be a member of good standing of the National Electrical Contractors
Association.
- Partnerships at this level are subject to traditional OSHA compliance
inspections.
- To join, all employers must participate in at least one random
on-site audit per annum conducted by the Georgia Tech Research Institute or
other pre-approved, acceptable independent 3rd party. The audit must include
an action plan to prevent future hazards, as well as feasible methods to
abate identified hazards.
Associate Member
- Members that have developed a basic safety and health management system
and are committed to a path of continuous improvement by networking and
utilization of the partnership resources.
- Members must submit an application and be willing to submit documents to
the Steering Committee for review (such as the OSHA 300 Logs and a copy of
the company’s safety program).
- Members must implement control measures for the OSHA focused hazard
areas of fall protection, electrical hazards, caught between and struck by.
This must include implementation of a 100 percent fall protection policy,
either conventional or a system, when working at heights above six feet
regardless of the operation. In cases where these rules may be perceived as
unworkable, the employer will initially contact the Safety Resource Panel,
and then if they are unable to assist, the OSHA Compliance Assistant
Specialist will be consulted for abatement advice.
- The employer’s corporate OSHA history cannot include willful and repeat
violations, or serious violations directly related to the cause of a
fatality or catastrophe, in the last three years.
- All new field employees must receive site-specific training, in a
language that they understand, before beginning work, in addition to a new
hire safety orientation within the first week of hire. Topics for the
orientation must include the OSHA focused hazard areas of fall protection,
electrical hazards, caught between and struck by, plus personal protective
equipment.
- Within 12 months, all field employees must attend an OSHA 10-Hour
Training Course. Field employees must receive refresher training in the
10-Hour Course every three years.
- Within 12 months, all field supervisors must attend an OSHA 30-Hour
Training Course. Field supervisors must receive refresher training in the
30-Hour Course every three years. Note: The Field Supervisor is defined as
the highest level of field personnel responsible on multi-crew projects,
performing activities to direct/control work.
- Must show evidence in writing that both employees and supervisors are
held accountable for safety.
- Allow OSHA access to the site for inspection, if the employer has the
authority to allow an inspection of the site. OSHA will follow the
guidelines for inspections as outlined in the Field Inspection Reference
Manual (FIRM).
- Must be a member of good standing with the National Electrical
Contractors Association.
- Partnerships at this level are subject to traditional OSHA compliance
inspections.
- To join, all employers must participate in at least one random
on-site audit per annum conducted by the Georgia Tech Research Institute or
other pre-approved acceptable independent 3rd party. The audit must include
an action plan to prevent future hazards, as well as feasible methods to
abate identified hazards.
Full Member
- Members have implemented an effective safety and health program, as
demonstrated by management commitment and full employee involvement.
- Members must submit an application and be willing to submit documents to
the Steering Committee for review (such as the OSHA 300 Logs and the
company’s safety program).
- Members must implement control measures for the OSHA focused hazard
areas of fall protection, electrical hazards, caught between and struck by.
This must include implementation of a 100 percent fall protection policy,
either conventional or a system, when working at heights above six feet
regardless of the operation.
- The employer’s corporate OSHA history cannot include willful and repeat
violations, nor serious violations directly related to the cause of a
fatality or catastrophe, in the last three years.
- All new field employees must receive site-specific training, in a
language that they understand, before beginning work, in addition to a new
hire safety orientation within the first week of hire. Topics for the
orientation must include the OSHA focused hazard areas of fall protection,
electrical hazards, caught between and struck by, plus personal protective
equipment.
- Within 12 months, all field employees must have OSHA 10-Hour Training
Course. Field employees must receive refresher training in the 10-Hour
Course every three years.
- Within 12 months, all field supervisors must attend an OSHA 30-Hour
Training Course. Field supervisors must receive refresher training in the
30-Hour Course every three years. Note: The Field Supervisor is defined as
the highest level of field personnel responsible on multi crew projects,
performing activities to direct/control work.
- The employer must have an effective written system that holds both
employees and supervisors accountable for safety.
- Allow OSHA access to the site for inspection, if the employer has the
authority to allow an inspection of the site. OSHA will follow the
guidelines for inspections as outlined in the Field Inspection Reference
Manual (FIRM).
- Must be a member of good standing with the National Electrical
Contractors Association.
- To join, all employers must participate in at least one random
on-site audit per annum conducted by the Georgia Tech Research Institute or
other pre approved acceptable independent 3rd party. The audit must include
an action plan to prevent future hazards, as well as feasible methods to
abate identified hazards.
- To remain in the partnership, all Full Members will be subject to
an on-site verification inspection conducted by OSHA. Once the employer has
received a successful on-site verification inspection, the company will
obtain a 12-month deferral from programmed OSHA inspections. (Only the
specific Full Member will receive the 12-month deferral from programmed OSHA
inspections.)
- Safety and Health Program
All applicants will be required to develop and implement an effective written
safety and health program, which includes full employee involvement and is,
based ANSI A-10 or OSHA’s 1989 Safety and Health Guidelines.
Additionally, all work on energized circuits will be performed under an
industry standard permit policy to be developed and built in accordance with
the current National Fire Protection Association publication 70E. An example
of this program is attached to the agreement as Appendix A.
- Employee and Employer Rights
This Partnership does not preclude employees and/or employers from exercising
any right provided under the OSH Act, nor does it abrogate any responsibility
to comply with rules and regulations adopted pursuant to the Act.
Routine employee involvement in the day-to-day implementation of the worksite
safety and health program is expected to be assured, including employee
participation in employer self-audits, site inspections, job hazard analysis,
safety and health program reviews and near miss investigations.
- Benefits
Upon acceptance into the partnership, all participating levels of membership
will receive the following incentives and benefits for participation in the
program:
Candidate for Membership
- Compliance assistance such as appropriate safety and health training;
- Improved safety and health programs combined with networking and
resource assistance;
- Quarterly meetings with the Steering Committee;
- Meeting with OSHA Area Director to discuss the role of participating
employers in the partnership; and
- The Steering Committee will be informed by OSHA of all implemented Local
Emphasis Programs (LEP) and National Emphasis Programs (NEP), and this
information will be shared with all participating employers.
Associate Member (Candidate Membership benefits as well as):
- Participants will be strongly considered for maximum allowable penalty
reductions for violations abated in a timely manner, as prescribed by OSHA’s
Field Inspection Manual (FIRM).
Full Member (Associate Member benefits as well as):
- Focused OSHA compliance inspections, which can be expanded if conditions
dictate; and
- Once an Associate Member level employer has received a successful
on-site verification inspection from OSHA, the company will be raised to
Full Member status and obtain a 12-month deferral from future programmed
OSHA inspections.
(NOTE: Only the specific Full Member level employer will receive the
12-month deferral from programmed OSHA inspections.)
- Verification and OSHA Inspections
OSHA inspection of work sites participating in the partnership will proceed in
accordance with the procedures outlined below:
To attain Full Member status, employers must be subject to an on-site
verification inspection conducted by OSHA. These verification inspections will
be conducted by a Compliance Safety and Health Officer (CSHO) and will focus
on falls, struck-by, caught-in, and electrocution, as well as the most serious
hazards which have been previously identified pursuant to the procedure
herein. No penalties will be assessed for non-serious violations provided that
they are immediately abated. Prompt abatement of other violations will lead to
a consideration of the maximum good faith reduction. If OSHA determines that
any site does not meet the requirements set forth in this partnership
agreement, the OSHA inspection may proceed in accordance with the traditional
OSHA protocol for comprehensive inspections.
Once a Full Member employer has received a successful on-site verification
inspection the company will obtain a 12-month deferral from programmed OSHA
inspections. (Only Full Member level employers that have received the
successful on-site verifications inspections will receive 12-month deferral
from programmed OSHA inspections.)
When a Full Member’s 12-month deferral expires, the employer will revert back
to an Associate Member status until being inspected by OSHA again. After this
subsequent successful inspection the employer will retain its Full Member
status for 12-month.
As a Full Member unprogrammed inspections will only occur in response to
fatalities/catastrophes, acts of imminent danger, referrals or complaints
alleging serious violations. OSHA will encourage investigations of complaints
alleging other-than-serious conditions using the phone/fax process, which is
officially known as the “Expedited Complaint Procedure”. Investigations of
complaints alleging serious hazards may also be handled by the Expedited
Complaint Procedure. When complaints result in site inspections, the OSHA
Compliance Officer will only address the complaint items and potential hazards
in plain view.
All levels of participating member employers will not be cited for
other-than-serious items that are corrected immediately (while the on site
inspection is in progress).
- Partnership Status Progression
Candidate for membership:
The employer completes the application and submits it to the Steering
Committee.
The application is reviewed by the Steering Committee and is then forwarded to
GTRI for an independent evaluation.
GTRI reviews the applicant’s written program and conducts a random on-site
audit. This audit will result in a recommendation and an action plan to
prevent future hazards, as well as feasible methods to abate identified
hazards.
The action plan / report of the applicant generated by GTRI and must be shared
with the Steering Committee.
The employer will endeavor to meet all recommendations of both the Steering
Committee and GTRI.
The employer is now a Candidate for Membership. The GTRI will periodically
conduct an OSHA Training Institute (OTI) Course 750, Outreach Program for
Small Businesses, for Candidate level participants. OSHA will provide these
employers with a package of material including outreach material, such as the
OSHA Small Business Safety and Health Handbook and the Region IV Toolbox
Review Booklet.
The Steering Committee will advise OSHA of this status.
The candidate company will have 12 months or sooner to become a member.
The employer will set on a course of self improvement to meet the qualities of
the partnership agreement, and
be encouraged to utilize the Safety Resource Panel and the AEJATC to assist
their safety system and programs progress to the next level.
If the candidate is not able to become a member within this time frame, the
said company will be removed from the partnership program, but may re-apply in
6 months.
Associate Member:
When an employer has completed all the obligations under the partnership
agreement the Steering Committee will determine that an Associate Member level
has been achieved.
The Steering Committee will advise OSHA of this status.
OSHA will now carryout a verification inspection (similar to a focused
inspection)
Full Member:
When OSHA verifies that the an Associate Member has completed the
membership requirements and has received an OSHA verification inspection
without any serious violations, This Company is deferred from programmed OSHA
inspection for next 12-month and the employer will attain Full Member status.
OSHA will advise the Steering Committee of the status and the dates of the
deferral period.
When the 12-month deferral period expires OSHA will be advised so that they
may re-verify the member’s status. OSHA may at any time seek to program an
inspection of the employer or it may decide to utilize any other alternative
multi employer site inspection for the next verification inspection, at its
discretion. The exemption will be suspended until the employer receives
another verification inspection. The employer should remind the OSHA
compliance officer of the membership status and the expired period when it
become aware of OSHA’s attendance. Assuming another successful verification
occurs without any serious violations, OSHA will update its records to display
the new deferral period and advise the Steering Committee.
The goal of this partnership is to have all its members obtain Full Member
status.
- Program Evaluation
This partnership will be evaluated annually by OSHA with the assistance of the
steering committee. In addition to the elements required by CSP 03-02-002,
OSHA Strategic Partnership Program for Worker Safety and Health, this
evaluation will address the participant’s injury and illness rates, safety and
health program implementation, and implementation of NFPA 70e checklist,
increase in safety and health training, as well as worker compensation cost.
The steering committee is responsible for data collection for the partnership
and will develop a comparison of the participating employers TCIR and DART
rates with the latest available data from the BLS for the appropriate NAICS
code, and other approved safety metrics.
- Termination
Any participating employer may withdraw from this Partnership by providing
written notification to the steering committee or the other parties.
Termination will be effective 30 days after receipt of said notification. The
OSHA/ IBEW/AECA/AEJATC/GTRI Partnership Steering Committee and the OSHA Area
Director have the discretion to deny employers participation in this
partnership, for just cause by providing written notification to the party.
The steering committee and OSHA may terminate an individual employer from the
partnership if the employer fails to meet the qualifications or otherwise
violates the terms and conditions of this Partnership. Any party may propose
modification or amendment to this agreement subject to concurrence by the
members of the partnership.
This agreement will terminate on July 1, 2011, which is 3 years from the date
of the signing. If any one of the partner signatories of this agreement wishes
to terminate their participation prior to the established termination date,
written notice of the intent to withdraw must be provided to all other
signatories. Any partner signatory may propose modifications or amendments to
this agreement at anytime subject to the unanimous approval of all other
parties. If OSHA chooses to withdraw its participation in the partnership, the
entire agreement is terminated.
- Signatures
Gei Thae Breezley
Area Director Atlanta-East
Occupational Safety and
Health Administration |
Date |
Andre Richards
Area Director Atlanta-West
Occupational Safety and
Health Administration |
Date |
David M. Sokolow DATE
Executive Vice President
Atlanta Electrical Contractors Association |
Date |
Daniel J. Ortiz, CSP
Safety and Health Consultation Program Manager
Associate Division Chief
Safety, Health, and Environmental Technology Division
Georgia Tech Research Institute |
Date |
Gene R. O’Kelley
Business Agent,
International Brotherhood of
Electrical Workers
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Date
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Russell Smith
Training Director,
Atlanta Electrical Joint
Apprentice Training Committee |
Date
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