I. Identify Partners

The above named groups developed this partnering agreement jointly. The common objective and goal of the agreement is to provide a safe and healthful work environment for employees engaged in construction activities within the twenty counties in the Cincinnati Area Office jurisdiction, and to help prevent serious accidents within the industry through increased safety and health training, increased worker involvement and the implementation of enhanced safety and health management system.

By focusing its efforts and utilizing the skills and resources of the Allied Construction Industries (ACI) trade association, their member employers, and with assistance of the Cincinnati Area Office of OSHA, it is believed that this cooperative and voluntary program fosters worker knowledge, increases worker empowerment, and reduces the hazards and serious injuries at jobsites. Past participants continue to achieve injury and illness rates below the national average for the construction industry and it is expected that even lower rates will be achieved through this Partnership because of increased employee involvement

This initiative represents a voluntary agreement and affords a Partnership alternative to the traditional OSHA enforcement procedures. This Partnership program is consistent with OSHA’s long-range efforts to develop a business/labor/government Partnership approach to safety management, allows for better use of OSHA resources, and encourages more participation in the safety process by each stakeholder and their employees. Representatives of the building trade organizations directly involved or affected by this Partnership have been consulted and encouraged to provide improvements and enhancements to this Partnership.

II. Purpose and Scope:

ACI is a trade association focused on commercial construction with over 600 member companies employing more than 30,000 employees representing many aspects of the construction industry. Members industries include site construction, concrete, masonry, sheet metal work, carpentry, thermal and moisture protection, doors and windows installation, finishing contractors, specialty contractors, equipment sales and service, furnishings, special construction, conveying systems installation, mechanical, electrical and service companies.

ACI’s mission is to provide leadership and opportunities for its members in the Greater Cincinnati construction community, with a focus to provide the means and measures to help its members develop and grow. ACI’s principal goal (and a long-standing commitment of the association) is to promote safety awareness, and serve as a safety resource for its members. This safety commitment includes information, education, referrals and training.

ACI and OSHA believe that maintaining a focus on safety saves lives, increases quality of life and maintains jobs. A focus on safety is an objective that OSHA and all ACI members have in common.

In 1998, the ACI Board of Directors realized the importance of safety for their members and agreed to increase the organization's commitment and resources to the safety efforts. A full-time Safety Director was hired and given the long-term goal of developing a safety training institute geared to quality education and training of ACI members and their employees.

OSHA, along with ACI, has a vested interest in the protection of employees and in working with other associations and groups to assist in promoting safety. With limited resources not allowing for inspections at every jobsite and project, this long-standing joint effort by ACI and OSHA has provided an opportunity for them to reach larger populations, thereby keeping safety in the forefront. Continuing this Partnership will increase OSHA's visibility within ACI’s membership, and help maintain the spirit of cooperation between the two organizations.

Over the past eleven years since the inception of this Partnership, the Partners have implemented many positive changes in the way they address safety in the construction industry. The Partners’ willingness to share new “best practices” with other employers and employees, whether or not they are Partners, has resulted in a consistent safety culture becoming more and more evident on construction projects.

One example of a positive change is the involvement of workers in pre-planning their tasks around safety at the beginning of the work shift and ensuring there is an outlet for everyone to communicate other hazards that may not have been previously identified. In an effort to further expand this success, Partners agreed these best practices should become the primary focus for renewal of this Partnership Agreement.

III. GOALS

ACI participants in the Partnership will strive to:

1. Increase worker involvement in the recognition of hazards associated with work they perform each day through the use of the “Worker’s Identification of Safety Hazards (WISH) List” found in Appendix C.
2. Increase worker involvement in communicating recognized hazards through the use of the “Hazard Reporting Procedures” in Appendix D.
3. Increase hazard awareness training of workers in topics relevant to their type of work.
4. Increase knowledge and application of the participating Partner’s safety and health program and established best practices through the use of the “WISH” list.
5. Improve communication for sharing safety related information among participating partners.

IV. STRATEGIES

The following are the strategies that will be used in achieving the goals of the Partnership:

1. At the start of every work shift each partnering work crew will discuss hazards associated with the work they will perform that day. Each crew will document their findings and what methods will be used to eliminate or minimize the identified hazards on the attached Worker’s Identification of Safety Hazards form (WISH List).
2. Partnering members will train their employees on how to use the attached Hazard Reporting Procedures as a means for individuals to report previously unrecognized hazards that could cause injury, illness or death to anyone working on, or in close proximity to the construction project. Project personnel will participate in project safety audits.
3. Each partnering member will continue to provide a minimum 2-hour safety orientation to newly-hired personnel, ensure every worker is provided safety training relevant to their tasks and provide additional safety training to ensure awareness of new and existing OSHA regulations. Onsite personnel will assist in conducting training relevant to their expertise. This training also includes hazard-specific training on an as-needed basis for summer employees and interns.
4. Each partnering member will conduct frequent jobsite inspections and keep a written record for all inspections. Quarterly, the Partnering members will report to ACI and OSHA the number of hazards identified and corrected, utilizing a written system developed by ACI and its Partnership members.
5. Each partnering member will conduct documented site-specific Safety Review meetings, such as tool-box talks, conference calls among ACI and OSHA and quarterly Partnership Safety Committee meetings.

V. PERFORMANCE MEASURES

a. To ensure that the tools are available to measure results, an ACI Safety Representative will collect the man-hours worked, the Total Case Incident Rate (TCIR) and the Days Away, Restrictions and Transfers Rate (DART) data annually from each contractor.
b. The data will be compared to the rates of the most recently-published Bureau of Labor Statistics’ (BLS) national averages for construction.
c. ACI will collect the following information on a quarterly basis from each partner:

1. The number of “WISH” lists completed
2. The number of additional hazards reported through use of the Hazard Reporting Procedure.
3. The number of employees that have received training and the number of hours spent on training (e.g. OSHA 10 and 30, toolbox talks, hazard-specific, crane, rigging, signaling and any other training relevant to participating partners’ work), and
4. The number of hazards identified/abated through the documented project safety audits completed by project hourly and salaried and, or safety personnel.

VI. ANNUAL EVALUATION:

The Partnership will be evaluated annually by ACI during the duration of the agreement through the use of the Strategic Partnership Annual Evaluation Format measurement system, as specified in Appendix C of CSP 03-02-002 (OSHA Strategic Partnership Program for Worker Safety and Health) directive. The evaluation will be shared with OSHA.

Following implementation of the Partnership agreement, and annually during the term of the agreement, all participating contractors shall submit a data form to ACI so Total Case Incident Rate (TCIR) and Days Away Restriction and Transfer (DART) rates can be measured. Such information will be used as an ongoing evaluation tool helping to gauge the effectiveness of the program, and it will be used to compile the annual evaluation to be shared with OSHA.

It is anticipated that OSHA’s onsite enforcement verification of the effectiveness of this Partnership agreement will occur during the normal course of compliance investigations and onsite inspections consistent with the criteria specified within the CSP 03-02-002 directive.

VII. BENEFITS:

1. A maximum penalty reduction of 25%, as normally allowed for in the OSHA Field Operations Manual (FOM) for good faith and history, will be given.
2. Priority will be given to “phone and fax” investigations of non-formal complaints in lieu of onsite inspections, except that ACI and its members will remain subject to OSHA inspections and investigations (including formal complaints) in accordance with Agency procedures. OSHA will continue to investigate fatalities and catastrophes that occur at the jobsite.
3. The partnering members’ sites will be exempted for six months from the programmed inspection list upon the successful completion of an OSHA monitoring inspection at each of their sites.
4. Any apparent non-serious violation observed during an enforcement visit shall not be cited if it is immediately abated.
5. The partnering members’ sites will be given priority consideration for compliance assistance and offsite technical assistance.

VIII. MANAGEMENT/OPERATION OF THE PARTNERSHIP:
ACI will:

1. Administer this Partnership program, including partnership application evaluations. This evaluation will include demonstrated safety and health programs, training commitments, OSHA citation history, fatalities, injury/illness experience and similar factors.
2. Serve as the principal safety resource for ACI participating members as requested.
3. Act as liaison for members with OSHA if requested. Members can call ACI with questions and ACI will contact OSHA for responses. ACI may attend informal conferences involving members of the Partnership.
4. Act as the liaison with the OSHA Compliance Assistance Specialist (CAS) for the OSHA Challenge Program during quarterly meetings with general industry and construction company representatives. The CAS will assist ACI in working to improve their safety and health management system and striving for OSHA VPP participation.
5. Provide to the Cincinnati OSHA office the names of all partnering members.
6. Conduct initial application screening of ACI members participating in the Partnership as well as periodic statistical evaluations to determine the impact and effectiveness of this Partnership agreement with OSHA.
7. Conduct onsite audits of its members upon request.

OSHA will:

1. Designate an experienced Compliance Assistance Specialist (CAS) to serve as a resource and liaison for Partnership participants.
2. Provide a CAS to assist at ACI training sessions, as resources permit.
3. Designate a CAS to meet with ACI Challenge Program Participants on a quarterly basis.
4. Designate a CAS to meet monthly with Partnership Participants and quarterly at the Partnership Safety Committee Meetings.
5. Designate a CAS to meet with ACI members at least quarterly to discuss current jobsite findings, current violation trends and possible options/corrective measures to eliminate hazards.
6. Share information on current violations, statistics, and relevant standard interpretations, proposed standards, etc. with ACI members.

IX. OSHA INSPECTIONS AND VERFICIATION:

1. OSHA will randomly select from the Partnership member list at least 10% of the partners for unannounced onsite enforcement inspections,
2. The “Focused Inspection” protocol addressing hazards related to falls, struck-by, caught between, and electrical hazards will be followed. Inspections conducted in response to complaints, local emphasis programs, or referrals will qualify as the verifying inspection if, in addition to addressing the complaint/referral item(s), the compliance officer completes the focused inspection protocol for the worksite.
3. OSHA will recognize and consider ACI safety-training programs when inspecting jobsites of partnering members.

X. EMPLOYEE/EMPLOYER RIGHTS
This Partnership does not preclude employees and/or employers from exercising any rights provided for under the OSH Act, nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

XI. TERMINATION OF AGREEMENT
This agreement will terminate on ________, which is three years from the date of the signing. If any signatory 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.

If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any signatory may also propose modification or amendment of the agreement.

XIII. SIGNATURES

Signature of intent to participate in this ACI/OSHA Partnership: Based upon a mutual interest to protect construction workers in the Cincinnati Area Office Jurisdiction, the parties below agree to the terms of this ACI/OSHA Partnership Agreement:

ACI/OSHA PARTNERSHIP APPLICATION SECTION 2
(Answer questions below for your employees that work in the area covered by the Cincinnati OSHA office)

COMPANY:__________________________________________________________________

ADDRESS:___________________________________________________________________

PHONE:__________________________     FAX:__________________            EMAIL:________________________

COMPANY CONTACT:_________________________________        TITLE________________________________

CONSTRUCTION NAICS CODE:_________                TRADES EMPLOYED_________________________________

AVERAGE NUMBER OF EMPLOYEES:______            AVERAGE NUMBER OF SUPERVISORS:______

AVERAGE NUMBER OF ANNUAL WORK HOURS:_____________________________________

DO YOU HAVE A SAFETY DEPARTMENT?                ____YES               ____NO      
                                                                         
DO YOU BUDGET FOR SAFETY     ____YES     ____NO     $_____________________________________
               
# OF FULL-TIME SAFETY EMPLOYEES_______                       SAFETY DIRECTOR IS___________________________

DATE OF ANY WILLFUL OSHA VIOLATION FROM ANY CINCINNATI OSHA OFFICE:_____________
    
DATE OF LAST OSHA INSPECTION________________________

DO YOU CURRENTLY HAVE A COMPREHENSIVE SAFETY & HEALTH PROGRAM?     ______Yes     ______No  (Copy must be included with this application)

DO YOU PERFORM DRUG TESTING?______POST OFFER______RANDOM_______POST ACCIDENT______FOR PROBABLE CAUSE_________

FOR THE PAST REPORTING YEAR, PLEASE PROVIDE THE FOLLOWING OSHA LOG 300A INFORMATION TO ESTABLISH A BASELINE FOR THE TCIR RATES AND DART RATES

BWC EXPERIENCE MODIFICATION RATE:___________             TOTAL MANHOURS WORKED: __________        

OSHA INCIDENT RATE:___________________

TOTAL NUMBER OF DEATHS______ ;TOTAL NUMBER OF CASES WITH DAYS AWAY FROM WORK ______: TOTAL NUMBER OF CASES WITH JOB TRANSFER OR RESTRICTION _______ ;TOTAL NUMBER OF OTHER RECORDABLE CASES _________;  TOTAL NUMBER OF DAYS AWAY FROM WORK  _______;  TOTAL NUMBER OF DAYS OF JOB TRANSFER OR RESTRICTION ________; TOTAL NUMBER OF (1)  INJURIES ______: (2) SKIN DISORDERS ________: (3) RESPIRTORY CONDITIONS_____ (4) POISONINGS___________; (5) HEARING LOSS ___________; (6) ALL OTHER ILLNESSES _________

NUMBER OF EMPLOYEES CURRENTLY TRAINED IN 10-HR________               30-HR________

HOW LONG HAVE YOU BEEN A MEMBER OF ACI?  ______

DO YOU CURRENTLY USE ACI SAFETY RESOURCES? YES_______   NO________
*As part of the ACI/OSHA Partnership, reporting will be necessary.   ACI will require information throughout the year and will let you know as needed.

APPENDIX A
Commitment by ACI Members

IN ORDER TO TAKE ADVANTAGE OF THIS PARTNERING AGREEMENT BETWEEN ACI AND OSHA, MEMBERS AGREE TO THE FOLLOWING:

1. Sign a letter indicating their participation.
2. Verify that they have a comprehensive written safety and health program meeting established Partnership criteria.
3. Although not required by Federal regulations or standards, as an enhancement to safety & health, commit to the use of 100% fall protection when performing work that is in excess of 6 feet above a lower level.
4. Commit to worker involvement in pre-shift discussions to identify safety hazards associated with their tasks for the day and document findings and what methods will be used to eliminate or minimize the identified hazards listed on a Worker’s Identification of Safety Hazards form (WISH List).
5. Provide the level of training required by OSHA regulations.
6. Each partnering member will continue to provide a minimum 2-hour safety orientation to newly hired personnel, ensure every worker is provided safety training relevant to their tasks and provide additional safety training to ensure awareness of new and existing OSHA regulations. Where possible, project personnel will conduct training relevant to their expertise. This training also includes hazard-specific training on an as-needed basis for summer employees and interns
7. Provide quarterly and annual safety related data/statistics to ACI such as man-hours worked, lost work day injuries, accident records and OSHA inspection results. ACI will take this information from all partners and provide a summary of statistical data without company identification for OSHA. This data will be used to evaluate the merits of this partnering program and to make recommendations for continuous improvement.
8. Ensure that quarterly, after obtaining acceptance into the partnership, at least one representative will attend a Partnership Safety Committee meeting to share best practices and results with other partnering members.

Appendix B

1. ACI will offer on-going, quality training focusing specifically on OSHA focused areas, falls, electrical hazards, struck-by’s and caught-in hazards.
2. ACI will provide up-to-date information and materials to members from OSHA, the BWC, AGC and other sources.
3. ACI will provide OSHA interpretations of major standards as well as local inspection perspectives to members to keep them up-to-date and informed.
4. ACI will work with OSHA to develop safety-training criteria for training programs that ACI offers to members in order for them to meet OSHA training requirements applicable to their industry.
5. ACI will use the defined safety training criteria to offer training for members that agree to be involved in this partnership agreement.
6. ACI will assist members with written safety and health policies and procedures with an emphasis on company/employee responsibilities.
7. ACI will provide quarterly reminder notices for partners to report any OSHA partnership requested data.