I. Identification of Partners
The United States Department of Labor Occupational Safety Health Administration (OSHA), Region V,
Illinois Area Offices and the Underground Contractors Association of Illinois (UCA-IL) mutually
recognize the importance of providing a safe and healthful work environment for employees engaged in
the underground construction industry. In working together as partners, we are committed to
achieving a reduction of injuries, illnesses and fatalities in the underground construction industry
through means of open communication, promoting recognition for construction safety excellence, and
sharing knowledge of the best industry technology, innovations and work practices that improve
safety and health performance. As for the background of the Underground Contractors Association of
Illinois (UCA-IL), it consists of contractor members that are underground utility contractors, who
specialize in utility, cable, electric, gas, fiber optic, telephone, water, storm water, and sewer
installations, maintenance and repair. Other work specialties include tunneling, auger boring,
directional drilling, road repairs and other underground specialty work related to underground
infrastructure projects. The Underground Contractors Association of Illinois (UCA-IL’s) associate
members are engaged in the manufacture, production and distribution of construction materials, labor
and services utilized by underground utility contractor members.
II. Purpose and Scope
This partnership represents a voluntary agreement which affords the Underground Contractors
Association of Illinois members with an alternative to traditional OSHA enforcement. The purpose of
this partnership is to foster open communication between OSHA, The UCA-IL and its Members. In doing
so, there will be cooperation in developing training, promotion of worker safety and health and the
prevention of discrimination for those with safety concerns.
III. Goals and Strategies
OSHA and UCA-IL are committed to continuing to working together through the OSHA Strategic
Partnership Program ("OSPP") as partners to achieve construction workplace safety through the
following shared goals and strategies:
| GOALS |
STRATEGIES |
MEASUREMENT |
- Reduce the aggregate incidence rate of Participating Companies for workplace injuries and
Illnesses involving lost or restricted workdays
|
- Using the Bureau of Labor Statistics (BLS) data, develop a protocol or check list that will
cover the most common injuries and illnesses that happen at underground worksites.
- Conduct and document monthly self audits.
- UCA-IL administrator shall perform 1 of the monthly jobsite safety audits per
participating company per year.
|
- Baseline1 injury and illness data of lost and restricted work days.
- Compile annual injury and illness data of lost and restricted work days to determine the
incidence rate of Participating Companies.
- Perform an annual comparison of the baseline to the annual incidence rate.
- Participating Company’s monthly jobsites audits will be compared to the audit performed by
the UCA-IL administrator.
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- Annually increase the membership in the OSPP
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- Advertise partnership in UCA-IL Pipeline Newsletter
- Bi-annually safety talk meeting.
- Encourage members to share their partnership experience with other contractors.
- OSHA update article in UCA-IL newsletter.
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- Annually compare partnership membership numbers.
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- Increase the training conducted by participating companies.
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- Require UCA-IL’s OSHA-authorized 10-Hour training course especially designed for the
Underground Construction Training Industry, for all supervisory and core field personnel
(foreman).
- Develop ideas for tool box talks and articles for the "Safety Angle" section of UCA-IL
newsletter, which are related to recorded injury incidents.
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- Annual comparison of training sessions held.
- Annual number of employees, supervisors, superintendents and foremen in the training
sessions.
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- Reduce Participating Companies’ violations of OSHA regulation 1926 – Subpart P – Excavation.
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- Training regarding past OSHA violations
- Promote the use of the Illinois On-Site Consultation Service
- OSHA’s open door policy to UCA-IL Safety Administrator for answering questions and helping in
unusual or difficult circumstances.
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- Baseline violation data from OSHA
- Annual violation data
- Comparison of baseline to the annual
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IV. Criteria for Participation:
- As a prerequisite for acceptance into the OSPP by OSHA, a Participating Company must submit an
executed (1) Participating Company’s Application Form (Exhibit ‘A’) and (2) a Participating
Company’s Agreement with the UCA-IL (Exhibit ‘B’) to UCA-IL's Administrator.
- The Participating Company’s Application Form to UCA-IL's Administrator requires a certification
that a comprehensive written safety and health program is currently in effect for the Participating
Company's employees and is substantially similar to either:
- The UCA-IL Safety and Risk Management Program, or
- OSHA’s "Safety and Health Program Management Guidelines" of January 26, 1989 in FRN 54:3904-3916, or
- American National Standards Institute’s (ANSI) A-10.38, "Basic Elements of an Employer Program to
Provide a Safe and Healthful Work Environment," or
- Another safety and health program (a copy of which must be attached to the OSPP Application Form)
which meets the minimum safety standards set forth in any one of the three programs, identified
above.
- A Participating Company shall certify to UCA-IL's Administrator that it enforces its safety
policies and procedures by holding supervisor(s) and employee(s) accountable for the Participating
Company's safety rules and OSHA's regulations.
- A Participating Company shall conduct and document monthly self-audits and submit the audits
quarterly to UCA-IL’s Safety Administrator via electronic mail (email).
- A Participating Company shall within one year of obtaining approval of its application into OSPP
provide to UCA-IL's Safety Administrator verification that all supervisory/core field personnel who
are engaged in construction activities have completed the OSHA 10-Hour Training Course for the
Underground Construction Industry.
- A Participating Company shall further agree to provide such additional employee training as the
Participating Company deems necessary to achieve the goals of the OSPP. A Participating Company
should note that the training referenced above does not excuse an employer's obligation to comply
with specific OSHA training standards.
- A Participating Company shall annually provide its OSHA Forms 300 and 300A to the UCA-IL's Safety
Administrator. UCA-IL's Administrator will conduct a summary analysis of pertinent safety related
information and shall share that information with OSHA as part of UCA-IL’s obligation to monitor the
achievement of the goals and measurements of the OSPP. The purpose of the summary analysis is to
assist UCA-IL's Safety Administrator and OSHA in preparing an annual report necessary for an
evaluation of the success of OSPP. UCA-IL’s Safety Administrator will provide an aggregate (summary
format) of the information to OSHA, which does not identify individual participating firms.
V. Benefits
Contractors participating in this partnership agreement will remain subject to OSHA inspections and
investigations in accordance with established agency policies and procedures, and the terms provided
for in this OSPP Agreement. OSHA will continue to investigate fatalities and catastrophes involving
participating members, and to investigate all formal2 complaints and referrals received by the
Illinois Area Offices. OSHA will use telephone and fax to question Participating Companies about
non-formal3 complaints, except those non-formal complaints involving potential cave-in hazards where
inspections will be conducted. The Participating Company will advise OSHA of the corrective measures
taken to abate any safety deficiencies associated with a non-formal complaint.
Additionally, the benefits provided for in this OSPP apply only to those Participating Companies
"working in Illinois" who have had no willful and repeated serious violations in the last three
years, and no fatalities or catastrophes within the last three years that resulted in serious,
repeat, or willful citations related to the incident.
OSHA shall provide the following services and benefits to UCA-IL and its Participating Companies in
the OSPP:
- OSHA, through its Area Directors, will provide a representative to meet quarterly with the UCA-IL
Safety Administrator and Participating Companies in order to discuss current jobsite findings,
current violation trends, and possible corrective measures.
- OSHA will not issue citations to Participating Companies for an other-than-serious4 hazard, which
is
(1) abated immediately in the presence of the OSHA compliance officer (CSHO), or
(2) abated prior to an employee’s exposure to the hazard, provided that the Participating Company
advises the CSHO of the time and date which the hazard was corrected (abated).
- Annually OSHA will conduct random on-site verification inspections/evaluations5 of up to no more
than a total of 10% of Participating Companies, to ensure that the Participating Companies are
fulfilling their commitment to the OSPP.
The verification inspection/evaluation must be conducted on at least one Participating Company. The
Illinois offices will share the results of onsite verification inspections among themselves and the UCA-IL’s Safety Administrator.
- If a Participating Company is the sole or primary contractor at a site (and has not had a
partnership verification inspection) and is subjected to a programmed inspection6 by OSHA, that
inspection would be a focused inspection7 and the inspection would be counted as one of the 10%
minimum required annual verification inspections of Participating Companies. On focused inspections
found to be in-compliance, OSHA will send an in-compliance letter to the company and an email copy
to the UCA-IL. Upon completion of a successful focused or verification inspection, the Participating
Company may be exempt from the Programmed inspection list for one year. Sites that have serious
hazards in plain view will continue to be inspected. As with all focused inspections, if significant
hazards are observed, the scope of the inspection may be expanded.
- During an OSHA inspection of a multi-employer work-site, a Participating Company that is present
and has had a successful verification inspection during the calendar year at another work site will
be exempted from the inspection unless the compliance officer can document that the Participating
Company is responsible for employee exposures to observed serious hazards such as (1) falls, (2)
confined-space entry hazards, (3) electrocution hazards, (4) trenching hazards, (5) struck-by and
caught-in/between, or (6) any other serious hazard.
- If an inspection is the result of a formal complaint, the Participating Company is entitled to a
copy of this formal complaint, and the inspection will only address the complaint item(s), related
safety and health programs, injury and illness records, and or other hazards in plain view of the
CSHO. When the requested programs or records are located offsite, the company will have 4 hours to
retrieve the documents.
- If cited by OSHA, UCA-IL’s Participating firms may receive the maximum allowable good-faith
discount of 35%, in addition to any other penalty reduction factors that may be available.
- At the request of a Participating Company, an OSHA Area Director of the jurisdiction or their
representative will meet with UCA-IL's Administrator and the Participating Company to address the
Participating Company’s concerns
VI. Annual Evaluation:
Annually each participant will submit to the UCA-IL’s Administrator the following information:
- OSHA form 300A and total man hours worked for the company and those worksites lasting for longer
than one year;
- Changes in the company’s Safety and Health programs;
- Safety and health training records to include a list of topics covered in safety talks and number
of employees in attendance.
- The report will be consistent with the latest annual partnership evaluation format provided in
Appendix C of the OSPP Directive, CSP 03-02-002.
VII. OSHA Verification (Monitoring)
The UCA-IL Administrator shall annually provide to OSHA an annual report summarizing the OSHA
Incidence Rates of the Participating Companies.
UCA-IL and OSHA will evaluate the effectiveness of this Partnership Agreement annually following the
UCA-IL Administrator’s submission of its annual report. The OSPP's effectiveness shall be measured
through the achievement of the goals stated in this Partnership Agreement, utilizing the information
contained in the annual report, which summarizes the Participating Companies’ OSHA Forms 300 and
300A.
VIII. OSPP Management and Operation
This partnership shall be administered by the UCA-IL. Each partner shall designate a representative
to sit on the OSHA Partnership Committee. This OSHA Partnership Committee shall be responsible for
administration of the partnership, application review, and approval, as well as any resolution of
any issues which may arise with the partnership in effect. The Chicago North OSHA area office shall
represent OSHA as an advisor to the OSHA Partnership Committee. The UCA-IL’s Administrator and/or
Executive Director shall represent the UCA-IL as its advisor to the OSHA Partnership Committee
The OSHA Partnership Committee will hold quarterly conference calls/meetings to track, analyze and
share information on partnership activities and results. At least annually, the OSHA Partnership
Committee will meet to evaluate the effectiveness of the Agreement. These meetings will include
agenda items, such as:
- Evaluating data and partnership impact.
- Identifying UCA-IL members with outstanding safety and health excellence.
- Share information on best practices that improve safety and health performance.
The Occupational Safety and Health Administration agrees to:
- Work with the UCA-IL and/or its members to provide free safety and health information, training,
and training materials.
- Provide training materials, through the UCA-IL, to help employers understand and comply with OSHA
regulations and to implement effective safety and health management systems.
- Ensure that Compliance Safety and Health Officers (CSHOs) are knowledgeable of partnership
requirements and encourage them to provide assistance as requested by the UCA-IL and/or its members.
- Not issue citations for other than serious violations, provided the abatement of violations is
observed by the compliance officer.
- Track, analyze, and share information on activities such as:
- Current relevant OSHA inspection findings.
- Relevant regulatory interpretations.
- Current industry statistics.
UCA-IL agrees to:
- Host safety committee meetings, quarterly and annually.
- Administer the program by providing staff support and facility usage.
- Promote programs through its Pipeline Newsletter, and other UCA-IL sanctioned activities.
- Act as first point of contact for perspective participating firms.
- Recruit and retain program participants.
- Provide resources to support program participants and prospective participants.
- Annually perform one monthly job-site audit of each participating company.
IX. 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.
X. Terms of OSPP
This agreement will expire on the 8th day of October 2009. Should either party choose to withdraw
prior to that date, 30 days written notice will be given, either party may also propose modification
or amendment of the agreement.
Participation will be terminated if one or more of the following occurs:
- A site inspection reveals eligibility requirements are not being met.
- A participating company has falsified information on the application or supporting records
- A participating company takes other such actions that may be determined to be grounds for
termination by the Area Director.
Signed this 21 day of November 2006:
Diane Turek
Area Director
Chicago North Area Office |
Terry Barnett
President
Underground Contractors Association of Illinois |
Gary Anderson
Area Director
Calumet City Area Office |
|
Kathy O’Connell
Area Director
North Aurora Area Office |
|
Nick Walters
Area Director
Peoria Area Office |
|
1Baseline is defined as starting point used
for critical observation in comparison to future injury and illness data. For example, 2006 data
(baseline) will be compared to 2007.
2Formal Complaint. Complaint made by a current employee or a representative of employees
that is signed by at least one current employee or employee representative.
3Non-formal Complaint. Any complaint alleging safety or health violations that does not
meet the requirements of a formal complaint.
4An Other-Than-Serious hazard (violation) is defined as an existing hazard for which…
- There is no present exposure to an employee due to its remoteness to the location of work
presently being performed by any employees of the participating firm, and which the Participating
Company agrees to abate in the presence of the compliance officer (CSHO); or…
- A type of hazardous condition, where the most serious injury or illness likely to result from
the hazardous condition cannot be reasonably predicted to cause death or serious physical harm to
an exposed employee, but could have a direct and immediate relationship to their safety and
health.
5A Verification Inspection/Evaluation is defined as a job-site visit by OSHA of an OSPP
Participating Company to ensure that the company is complying with the OSPP’s criteria.
6A Programmed Inspection is defined as an inspection which is scheduled according to a
national scheduling plan, which uses objective and neutral criteria. The company would be randomly
chosen for inspection because of an OSHA special emphasis program.
Unprogrammed Inspections could be scheduled in response to:
- Non-formal complaints, oral or unsigned complaints by former employees or non-employees,
regarding job-site hazards.
- Formal complaints or referrals, oral or signed complaints by an employee or a representative of
an employee (such as the employee’s union), regarding job-site hazards.
7A Focused Inspection is one which is limited to the 4 high hazard emphasis areas (falls,
caught in/between (trenching hazards), electrocution and struck-by) or any other serious hazard
observed during the inspection.
 |
EXHIBIT ‘A’ TO OSPP AGREEMENT
|
PARTICIPATING COMPANY’S APPLICATION FORM FOR
ACCEPTANCE INTO THE OSHA STRATEGIC PARTNERSHIP PROGRAM (OSPP) |
Date of Application: _____________________
Company Name of Applicant/Participating
Company:_______________________________________________________________
Address and Phone Number of your Main
Office:__________________________________________________________________
_______________________________________________________________________
PLEASE ANSWER THE FOLLOWING QUESTIONS:
- Identify the type of construction work which best describes the type of work performed by your
firm using the business classifications shown below:
The following Business Classification identifies the type of work performed by the Participating
Company:
Standard Industrial Classification (SIC) Codes/Division "C" Construction
SIC Major Group 16 – Heavy Construction, i.e. Construction other than Building Construction
Contractors.
- Industry Group 161: Highway and Street Construction
SIC #161 – Highway & Street Construction, Except Elevated Highways (NAICS – 237310)
- Industry Group 162: Heavy Construction, Except Highway & Street
SIC #1622 (NAICS - 237310) – Bridges, Tunnel & Elevated Highway Construction
SIC #1623 – (NAICS – 237210) Water, Sewer, Pipeline, Communications & Power Line
SIC #1629 (NAICS – 237990) – Heavy Construction, not classified elsewhere
This firm performs the following work based upon the SIC Codes above:
SIC#
|
_______
_______
_______ |
_______
_______
_______ |
- Indicate which of the following Craft Trades are employed by your Firm (Circle all that apply):
1) Operating Engineers 2) Laborers 3) Carpenters 4) Teamsters 5) Others
- Approximate the yearly average number of job-site employees:
- Attach a copy of the Applicant's OSHA Forms 300 and 300A for the most recent year available.
- Provide the name and phone number of your Safety Director or Person responsible for your firm's
Safety
Program:__________________________________________________________
_________________________________________________________________
- Do you currently have a written safety program: Yes ________ No ________
If you answered Yes, then identify the program from one of the following programs (check one of the
four boxes below):
UCA-IL Safety and Risk Management Program; or
|
□ |
OSHA's "Safety and Health Program Management
Guidelines" of January 26, 1984 and FRN 54:3904-3916; or
|
□ |
American National Standards Institute "ANSI"
a-10.38, "Basic Elements of An Employer Program to Provide a Safe and Healthful Work
Environment"; or
|
□ |
The Participating Companies program is not one of
the three programs identified above. The name of the program and its author are identified below
and a copy of the program is attached to this application:
____________________________________________
______________________________________________________
______________________________________________________ |
□ |
I hereby certify that all information submitted on this application is true and accurate.
Application Completed By: ___________________________________________
Title:_________________________________Date:________________________
Please Return the Application Form to UCA-IL’s Safety Administrator:
Safety Alliance, LTD.
ATTN: Dave Soderman
145 W. Main Street
Barrington, IL 60010
Telephone: (847) 842-0453
EXHIBIT ‘B’ TO OSPP AGREEMENT
|
PARTICIPATING COMPANY’S AGREEMENT WITH THE UCA-IL OF ILLINOIS |
This OSPP Participating Company Agreement (hereinafter "Participant Agreement"), is hereby entered
into by and between the Underground Contractors Association of Illinois ("UCA-IL"), with offices
located at 500 Park Boulevard, Suite 154C, Itasca, Illinois 60143, acting as a third party
administrator to OSHA, and the Participating Company:
____________________________________________________________________with its main offices located at
_______________________________________________________________(hereinafter "Participating Company").
WHEREAS, Participating Company wishes to participate in the OSHA Strategic Partnership Program
(OSPP), a copy of which has been provided to the Participating Company and is incorporated herein by
reference; and
WHEREAS, UCA-IL will be providing certain third party administrative services for OSHA and the
Participating Company as required by OSPP for the benefit of the Participating Company and OSHA.
NOW, THEREFORE, for and in consideration of the third party administrative services and other good
and valuable consideration, UCA-IL and Participating Company agree as follows:
I. TERM
The term of this Participant Agreement shall be from the date of Participating Company's acceptance
into The OSPP by OSHA until such time as UCA-IL, OSHA or the Participating Company terminates this
Partnership Agreement.
II. SERVICES TO BE PROVIDED:
UCA-IL will provide to the Participating Company the third party administrative services described
in The OSPP.
III. SERVICE FEES AND EXPENSES
Upon execution of this Participant Agreement, Participant will not be charged any fees for its third
party administrative services as described in the OSPP.
IV. STATUS OF UCA-IL’S THIRD PARTY ADMINISTRATOR
UCA-IL will act as a third party administrator of the OSPP and will process both 1) the OSPP
Application Form to UCA-IL and 2) the OSPP Participating Form Agreement with UCA-IL for OSHA in
order to facilitate the evaluation by OSHA of the achievement of the goals set forth in this
Partnership Agreement. UCA-IL's third party administrator status with respect to its participation
in OSPP shall not be considered by OSHA or a Participating Company as a determination that the
Participating Company's safety program does or does not meet any applicable legal, health or safety
standard, such as 1) any federal safety or health statute or regulation; or 2) any state or local
statutes or regulations that also address occupational safety or health. In addition, UCA-IL's third
party administration of OSPP is not an attempt by UCA-IL to determine whether the Participating
Company is exercising a "reasonable standard of care" or whether its safety program insures
a "safe and healthful working environment" for either the Participating Company, OSHA, or any
of the Participating Company's employees. UCA-IL expressly disclaims any liability or other responsibility
for any claim that may arise out of the Participating Company's performance of its obligations under
OSPP, any federal or any state safety or health ordinance or regulation. OSHA and the Participating
Company accepted into OSPP expressly acknowledge and agree to this limited role of UCA-IL in The
OSPP and UCA-IL's complete disclaimer of liability as a third party administrator of OSPP.
V. PARTICIPATING COMPANY'S COMMITMENT AND ROLE
The Participating Company expressly acknowledges that it has read Section IV of the OSPP agreement
between UCA-IL and OSHA and that the Participating Company certifies the representations contained
therein are true. The Participating Company's Commitment and Role set forth in Section IV of the
OSPP agreement are incorporated herein as though set fully forth and repeated at length.
VI. CONFIDENTIALITY
UCA-IL and UCA-IL's Safety Administrator shall not disclose to any third party (other than OSHA) the
information received from the Participating Company by UCA-IL as the third party administrator,
except with Participating Company's written permission or as is reasonably necessary to:
- Carry out UCA-IL's obligation under the OSPP Partnering Agreement,
- Delegate UCA-IL's obligations to its Safety Director, or
- Meet UCA-IL's legal obligations, and/or as directed by a court of law with proper jurisdiction.
VII. INDEMNIFICATION AND INSURANCE
Participating Company hereby agrees to indemnify and hold harmless UCA-IL, its officers, employees,
safety administrator, volunteers, representatives, agents, attorneys and consultants from any and
all claims, suits or actions, whether in law or equity, or other, made or brought against UCA-IL or
the Participating Company including, but not limited to, any and all costs, attorneys' fees, and
expenses, which result from any such claim, suit or action arising out of the OSPP or this
Participant Agreement, or which result from any intended or negligent statements, misstatements,
actions or inaction on the part of UCA-IL and its Safety Administrator or the Participating Company,
including, but not limited to, non-compliance with any findings, recommendations and/or requirements
of OSHA, UCA-IL or UCA-IL's Safety Administrator under this Participant Agreement or the OSPP.
VIII. CANCELLATION
This Agreement may be canceled by UCA-IL, OSHA or the Participating Company after acceptance of the
Participating Company into OSPP, with or without cause and for any reason, at any time by written
notice of the termination to UCA-IL, OSHA or Participating Company.
VIII. MISCELLANEOUS
- All notices, or time periods applicable thereto, required or permitted under this Participant
Agreement shall be effective as to UCA-IL upon the mailing thereof in a stamped or postage-paid
envelope to UCA-IL’s Administrator at the following address:
Safety Alliance, LTD.
ATTN: Dave Soderman
145 W. Main Street
Barrington, IL 60010
Telephone: (847) 842-0453
and as to Participating Company, at the following address:
_____________________________
_____________________________
_____________________________
Attention:_____________________
- The provisions of this Participant Agreement are for the sole benefit of the Participating
Company. UCA-IL shall not be liable to any third party for any loss, liability, damage, or expense.
Any modification or extension of this Participant Agreement shall not be binding on either party
unless it is written and signed by both parties.
- No failure or delay by UCA-IL in exercising any right, power or privilege under this Participant
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right,
power or privilege preclude any other or further exercise of any other right, power or privilege.
- Neither this Participant Agreement, nor any of the rights, duties or obligations of the parties
hereunder, may be transferred or assigned (by operation of law or otherwise) by any party hereto
except as otherwise provided for in this Participant Agreement or with the prior written consent of
the other party, such consent of the other party not to be unreasonably withheld.
- This Participant Agreement shall be binding upon the parties hereto and their respective
successors in interest and assignment.
- This Participant Agreement only applies to the activities of the Participating Company in the
State of Illinois, and it shall be governed by the laws of the State of Illinois.
IN WITNESS WHEREOF, the parties have caused the execution of this Participant
Agreement in their behalf by the undersigned duly authorized person.
Safety Alliance, LTD.
UCA-IL’s Safety Administrator
By:_____________________________________
Print
Name:__________________________________
Title:___________________________________
Date:___________________________________
|
Participating Company
By:____________________________________
Print
Name:__________________________________
Title:___________________________________
Date:___________________________________
|
|
Printing Instructions
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