1. To reduce by 3% annually the number of lost workdays, restricted workdays and transfers due to injuries, illnesses affecting participant employers, with an emphasis on reducing injuries resulting from those hazards that are the four leading causes of death on construction sites (falls, struck-by, caught in/between and electrocutions).
    
2. To increase the number of general and specialty contractors who implement effective safety and health management systems and provide effective safety and health training for management, supervisors and employees.
    
3. To recognize those contractors with exemplary safety and health management systems and effective site-specific safety and health plans.
    
4. To enable the OSHA office to leverage the agency’s resources. Because the program is designed to reduce job related deaths, injuries and illnesses without the need for OSHA to devote significant resources, they will be able to reach a greater number of employers/employees and accomplish greater worker protection.
    

1. The number of companies participating in the partnership, at each of the established levels of participation.
    
2. The number of participants that develop and implement effective safety and health management systems as a result of participating in the partnership.
    
3. The number of worksites audited by the AGC South Florida Chapter.
    
4. The number of serious hazards identified and corrected during the audits conducted by the AGC South Florida Chapter.
    
5. DART^[1] rate of all the participant employers in the partnership. The DART rate will also be identified for the three different levels of participation (RED, WHITE and BLUE).
    

1. Maintaining a list of the qualified participants and the level that they have achieved. This information will be provided to the Ft. Lauderdale and Tampa Area Offices upon request and at least annually for the Red and White level participants. The list of all the Blue level participants needs to be maintained in the AGC South Florida Chapter and the OSHA Ft. Lauderdale and Tampa Area Offices.
    
2. Collecting from participants the data listed under the heading "Performance Measures in this agreement, and providing the information to the OSHA Ft. Lauderdale and Tampa Area Offices.
    
3. Administering the application process for companies that wish to participate.
    
4. Auditing participants’ worksites to ensure compliance with OSHA regulations and this partnership agreement.

1. Providing an OSHA Representative to serve as a resource to the AGC South Florida Chapter.
    
2. Providing technical assistance and conducting verification inspections;
    
3. Assisting in the data review and developing the annual partnership evaluation report.

1. The CHASE III Program will be implemented in three levels: RED, WHITE and BLUE.
    
2. Applications may be submitted at the beginning of each quarter. Eligibility status must be renewed on an annual basis. New and renewal applicants will:

a. Complete the two-part CHASE III application form.

1. The first part of the form will request data from the summary of the contractor’s OSHA 300 log. The second part of the form will be a self-audit evaluation checklist (see Appendix A), which will require applicants to answer a series of questions related to their safety program.
    
2. The Chapter’s Safety and Health committee or the Chapter’s Safety Director will administer the self-audit evaluation of the CHASE III Program. The safety and health committee is comprised of representatives from South Florida AGC member companies, will be appointed by the South Florida AGC member companies and will either approve or reject the CHASE III application. The Ft. Lauderdale and Tampa OSHA Area Offices will serve in an advisory capacity to the Chapter Safety and Health Committee.
    
3. The CHASE III Program has three award levels. Entry into the RED, WHITE or BLUE Levels are based on answering "yes" to all of the questions on the self-audit evaluation administered by AGC. In order to determine the contractor’s level of eligibility, the contractor must provide the Chapter Safety Committee with evidence of conformance with each requirement for each level.
    
4. The Chapter Safety and Health Committee or Chapter’s Safety Director will inform the Chapter members who have successfully completed the application process and are eligible to participate in the partnership program.
    
5. The top level, BLUE, will be open to those companies whose achievements in the area of worksite safety are outstanding. Acceptance into the BLUE level will require additional validation of safety and health program efficacy through a comprehensive onsite qualifying inspection. The Chapter Safety and Health Committee will conduct the qualifying inspection on at least one active job site.
    
6. Contractors who are accepted into the CHASE III Program will receive benefits from OSHA as outlined in this agreement.

3. RED: Applicants seeking RED status must meet the following requirements:
    
   1. Conduct weekly employee safety meetings.
       
   2. Develop and implement a written safety and health program and training program, which address at a minimum the four leading causes of death on construction sites: Falls, struck-by, caught-in/between and electrocution. Where necessary, the safety and health management system needs to address procedures for working around machinery and vehicles, lead, silica, noise exposure, hazard communication and respiratory protection. Training shall be presented in a manner such as but not limited to traditional classroom training, tool box talks, written test, observations, or through discussion in which non-English speaking employees will understand the system’s content.
       
   3. Conduct and document self-audits.
       
   4. Fall Protection: 100% fall protection will be required for all employees working six feet or greater above the next lower level. This includes scaffolding, masonry and steel erection work.
       
   5. Promote and nurture employee involvement in day-to-day implementation of their safety and health program. Examples of such activities would be to have employees participate in conducting weekly safety meetings, accident investigations, hazard recognition activities and safety and health committee activities.
       
   6. On unionized work sites, all effected unions must be involved with the program. The effected companies along with the South Florida Chapter of the AGC will solicit the union organization for signatory participation or written endorsement of the program.
4. WHITE: Applicants seeking WHITE status must meet the requirements of RED status in addition to the following:
    
   1. Implement a comprehensive written safety and health program based on the ANSI A10.38-1991 Guidelines or OSHA’s 1989 Safety and Health Program Management Guidelines.
       
   2. Assign at least one trained employee (the AGC Safety Management Course or equivalent will be deemed satisfactory training) with responsibility for employee safety to administer the participant’s safety and health management system, and to conduct and document safety and health inspections of ongoing work.
       
   3. Conduct an orientation of all new employees in the safety and health management system of the company, and show evidence of effective employee training for avoidance of hazards specific to the contractor’s work site(s).
       
   4. Provide evidence of employee involvement in the safety and health management systems; for example, participation in self-audits, site inspections, job hazard analyses, safety and health management system reviews, safety training, and mishap investigations.
       
   5. Develop and maintain a Substance Abuse Program.
       
   6. Provide all field construction supervisory personnel with training equivalent to the AGC Supervisor Safety Competency Training Course or 10-hour OSHA Construction Course.
       
   7. Maintain a total case injury/illness incidence rate that is 10% less than the 2003 Bureau of Labor Statistics national rate for the construction industry (That published rate was 6.8. An employer would need to maintain a DART rate of 6.1or less).
5. BLUE: Applicants seeking BLUE Status must meet the requirements of the RED and WHITE status in addition to the following requirements:
    
   1. Applicant achieving BLUE status agrees to serve as a mentor for contractors on its projects who have yet to attain the same level of recognition within the partnership. BLUE participant companies will agree to maintain a copy of the specialty contractors’ safety and health plan, hazard communication plan, and fall protection plan, or the BLUE participant could require all specialty contractors to follow its programs.
       
   2. Assign a minimum of one employee who will administer the firm’s safety and health management system. This person must have attended the AGC Safety Management Training Course or equivalent in the previous three years.
       
   3. Ensure designated safety personnel conduct documented safety and health inspections of all work on their project(s). Personnel, through training and experience, must be able to recognize hazards and will have the authority to take prompt corrective action. Training curriculum equivalent to the OSHA 30-Hour Construction Outreach Course will be deemed to be satisfactory.
       
   4. Train all field construction supervisory personnel. In addition to the Supervisory Safety Competency Course, additional training shall be provided for competent persons in such areas as scaffolding, excavation, fall protection, etc. (This additional training will be predicated by the type and scope of work the applicant routinely conducts).
       
   5. Provide evidence of employee involvement in all levels of the safety and health management system, such as self-audits, site inspections, job hazard analyses, safety and health program reviews, safety training and mishap investigations.
       
   6. Receive a qualifying inspection of at least one representative job site by the chapter safety committee or the chapter’s designated representatives.
       
   7. Have no willful violations in the last three years.
       
   8. Have no repeated serious violations in the last three years; and have no fatalities or catastrophes within the last three years that resulted in serious or willful citations related to the incident.
       

1. RED Participants:
    
   1. OSHA will not issue citations for other-than-serious violations, provided that the hazards are abated at the time of the inspection.
2. WHITE Participants:
    
   1. OSHA will not issue citations for other-than-serious violations, provided that the hazards are abated at the time of the inspection.
       
   2. Will be given special recognition from OSHA and AGC designating the contractor as a participant in the CHASE III Program.
       
   3. An additional 10% reduction for good faith beyond the reductions provided in the FIRM (Field Inspection Reference Manual) can be given. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where the employer’s total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply.
       
3. BLUE Participants: After successful conclusion of an OSHA verification inspection, OSHA will provide the following benefits:
    
   1. OSHA will not issue citations for other-than-serious violations provided the violations are abated at the time of the inspection.
       
   2. Will be given special recognition from OSHA and AGC designating the contractor as a participant in the CHASE III Program.
       
   3. An additional 10% reduction for good faith beyond the reductions provided in the FIRM (Field Inspection Reference Manual) can be given. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where the employer’s total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply.
       
   4. During an OSHA inspection, conducted in the geographical boundaries under the jurisdiction of the Ft. Lauderdale and Tampa Area Offices, BLUE participants whose program has previously been verified by an OSHA inspection will not normally be included in the inspection. However, if a serious or imminent danger condition is observed by enforcement personnel, the partner should be inspected and cited (per Agency policy).
       
   5. The OSHA Fort Lauderdale and Tampa Area Offices will maximize the use of the phone & fax means of investigating complaints in lieu of onsite inspections. When an inspection of a complaint is deemed necessary, a copy of the complaint will be provided to the participant’s Safety Director or other designated representative at the time of inspection.
       
   6. BLUE participant with multiple job sites within the Fort Lauderdale, Jacksonville, and Tampa Area Offices jurisdiction will provide OSHA with a complete listing of the participant’s active work sites. The Fort Lauderdale, Jacksonville, and Tampa Area Offices will use the listing to establish inspection tracking procedures.

1. Complaint/Referral Inspections
    
   1. This partnership provides for the immediate response to each allegation of a safety or health hazard brought to its attention by any person. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard.
       
   2. OSHA agrees that a copy of each complaint/referral related to a work site covered by this agreement will be forwarded by fax, to the AGC South Florida Chapter if an on-site inspection is not to be done. In accordance with applicable law, the name of a complainant requesting confidentiality will not be revealed.
2. Accident Inspections
    
   1. Employers engaged in this partnership recognize that OSHA fully investigates accidents involving a death or serious physical harm. If during the course of the inspection, OSHA determines that the incident resulted from violations of the OSHA standards, the employer will not be afforded partnership benefits.
3. Verification – Onsite Enforcement Inspections
    
   1. Upon entry into the Partnership and quarterly thereafter, a participant
      will advise OSHA of the number and location of all active sites within
      the jurisdiction of the Fort Lauderdale and Tampa Area Offices.
       
   2. Each year OSHA will conduct one or more onsite enforcement
      verification inspections for the purpose of verifying that the required
      safety and health management systems are in place, as follows:

      OSHA will conduct a minimum of one onsite enforcement verification each year per participant. The Area Office Director (AD) has the discretion to increase the number of enforcement verifications in any given year, if needed. However, the number of additional enforcement verification inspections may not result in the participant receiving more than the number of programmed inspections including programmed focused inspections the Area Director would otherwise expect that member/employer to receive in that year.
      
      In determining the number of sites at which to perform enforcement verification inspections, the AD will considers such factors as whether the initial inspection covered the types of work performed, the quality of the safety and health management system evidenced during the initial verification, the number and nature of citations and penalties issued in the years prior to the partnership application, the stages of construction and hazards likely to be present at particular stages of construction; and other factors which the AD determines may affect OSHA’s ability to fully and accurately asses the effectiveness of the participant’s safety program.
      
      During an on site enforcement verification OSHA may issue citations and penalties. Enforcement inspections are performed in accordance with the applicable sections of the FIRM and other enforcement guidance documents. In addition to traditional enforcement issues, the inspection should assess the participant’s progress in meeting the requirements of the OSHA Strategic Partnership (OSP) agreement and implementing an effective safety and health management system. An effective safety and health management system will satisfy the requirements of 29 CFR 1926.20 and 29 CFR 1926.21. Participants may refer to the 1989 OSHA Safety and Health Program Management Guidelines, FRN 54:3904-3916 for guidance.
      
      Following the completion of the enforcement verification inspections required under this section, all of the Blue Level participant’s worksites within the geographical boundary of the Fort Lauderdale and Tampa Area Offices will be exempt from programmed inspections for one year.

4. Verification – Offsite
    
   1. A representative from the Fort Lauderdale and Tampa Area Offices will at least annually review data, records, and information provided by White level participants to the South Florida Chapter of the AGC in accordance with paragraph 5 of this agreement. Documentation is reviewed to determine whether partners are implementing the provisions of the partnership agreement. The documents selected for review should relate to the goals, objectives and stated measures of the partnership agreement.
       
   2. The AGC South Florida Chapter will conduct worksite assessments of Blue level Participants to assure that the site has adequately assessed and/or controlled/prevented employee exposure to hazards.
       

1. The partnership will be evaluated annually to determine whether the annual goal of a 3% reduction in the number of injuries, illnesses and fatalities has been met. AGC South Florida Chapter will be responsible for collating baseline and annual performance data upon which the partnership will be measured. This aggregated data will be reported to the OSHA Area Director for the Ft. Lauderdale and Tampa Area Offices. The evaluation will follow OSHA Directive Number CSP 03-02-002, Strategic Partnerships for Worker Safety and Health and effectively evaluate the site’s success toward achievement of the established goals.
    
2. Participant aggregate injury/illness incidence rates (total case rates) and fatality rates will be compared with construction industry BLS rate for 2003.
    
3. The partnership criteria may be revised annually based on recommendations for continuous improvement.
    

1. The partnership will have an initial term of three years and may be renewed if all signatory parties concur.
    
2. Any signatory party to the partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner.
    
3. If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any party may also propose modification or amendment to the agreement.
    
4. A contractor’s participation will be terminated by the AGC South Florida Chapter, and OSHA will be informed if the circumstances described paragraphs a. and/or b. below occurs. The notification will be in writing to the contractor, and the contractor will have 30 days to appeal the decision before the AGC South Florida Chapter Safety Committee:
    
   1. An inspection by the AGC South Florida Chapter or OSHA reveals a significant deviation from program criteria established in the self audit evaluation form.
       
   2. The contractor has falsified information on the application or supporting records.
5. A contractor’s participation will be terminated by OSHA if the employer has been identified by the OSHA Regional Administrator as a company that will need to be inspected in accordance with OSHA’s Interim Enhanced Enforcement Program (EEP). OSHA will notify the contractor and the AGC South Florida Chapter in writing of this determination.