I. Partnership Background
On March 12, 1998, the Associated General Contractors of America (AGC) and the Occupational Safety
and Health Administration (OSHA) signed a partnership charter that mutually recognized the
importance of providing a safe and healthful work environment in the construction industry. To
advance our mutual goal, we strongly agreed on the need to develop a working relationship that
creates mutual trust and respect for the respective roles of each organization in the construction
safety process. The Construction Health and Safety Excellence (CHASE) partnership agreement as
described within this document is the direct result of the 1998 partnership charter.
II. CHASE Partnership
1. Program Expectations
This agreement is between the Rio Grande Valley Chapter, AGC of America and the Occupational Safety
and Health Administration, Corpus Christi Office. Owners, Labor and other organizations are
encouraged to endorse and participate as signatory partners in the CHASE program.
- Implementation of this program is expected to result in decreased serious injuries, illnesses,
and fatalities for participating contractors and improvement of existing safety and health programs.
- This agreement provides for incentives to construction contractors that voluntarily participate
in the CHASE program and demonstrate implementation of effective safety and health programs.
- This agreement will not in any way affect employees’ ability to exercise rights under the OSH Act
and OSHA regulations, including walk-around rights.
2. Specific Goals of CHASE
- To reduce the number of injuries, illnesses, and fatalities affecting participant employers, with
an emphasis on reducing injuries and fatalities resulting from those hazards that are the four
leading causes of death on construction sites (falls, struck-by, caught in/between and
electrocutions).
- To increase the number of general and specialty contractors who implement effective safety and
health programs and provide effective safety and health training for management, supervisors and
employees.
- To recognize those contractors with exemplary safety and health programs and effective
site-specific safety and health plans.
3. Program Implementation
Once a partnership has been established between an AGC chapter and an OSHA Area Office, the chapter
Safety Committee or designated representative will inform members who have successfully completed
the application process and are thus eligible for participation in the partnership. The local
chapter will then follow the procedures developed in the local partnership to inform the OSHA Area
Director of the qualified contractors
4. Eligibility Requirements for the Multi-Step Program: RED, WHITE AND BLUE
- The CHASE Program will be implemented in three levels: RED, WHITE and BLUE.
- Applications may be submitted at the beginning of each quarter. Eligibility status must be
renewed on an annual basis. New and renewal applicants will:
- Complete the two-part CHASE application form.
- 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.
- The chapter safety and health committee or the chapter’s designated representative will
administer the self-audit evaluation of the CHASE Program. The safety and health committee is
comprised of representatives from AGC member companies, or the AGC member companies will appoint the
chapter’s designated representative. Either will approve or reject the CHASE application. Local OSHA
area offices will serve in an advisory capacity to the chapter safety and health committee or its
designated representative.
- The CHASE Program has three award levels. Entry into the RED and WHITE and 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 its chapter
safety committee or its chapter’s designated representative with evidence of conformance with each
requirement for each level.
- Once a partnership has been established between the local chapter of AGC and the OSHA Area
Office, the chapter safety and health committee or designated chapter representative will inform the
chapter members who have successfully completed the application process and are eligible to
participate in the partnership program.
- 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 or designated representative will conduct the qualifying inspection on at least
one active job site.
- Contractors who are accepted into the CHASE Program receive incentives from OSHA, as listed in
Section 7 of this document.
- RED: Applicants seeking RED status must meet the following requirements:
- Develop and implement a written safety and health program that addresses those hazards that are
the four leading causes of death on construction sites (falls, struck-by, caught in/between and
electrocutions);
- Conduct weekly employee safety meetings;
- Conduct and document self-audits.
- WHITE: Applicants seeking WHITE status must meet the following requirements:
- 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;
- Assign at least one trained employee with responsibility for employee safety to administer the
participants safety and health program and to conduct documented safety and health inspections of
ongoing work; training equivalent to the AGC Safety Management Course or equivalent will be deemed
satisfactory;
- Conduct an orientation of all new employees in the safety and health program of the company, and
show evidence of effective employee training for avoidance of hazards specific to the contractor’s
work site(s);
- Conduct weekly employee safety meetings;
- Conduct and document self-audits;
- Show evidence of employee involvement in the safety and health program; for example,
participation in self-audits, site inspections, job hazard analysis, safety and health program
reviews, safety training, and mishap investigations;
- Develop and maintain a Substance Abuse Program;
- Provide all field construction supervisory personnel with training equivalent to the AGC
Supervisor Safety Competency Training Course;
- Maintain a lost workday incidence rate that is 10% less than the most current Bureau of Labor
Statistics national rate for the construction industry.
- BLUE: Applicants seeking BLUE Status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the ANSI A10.38-1991
Guidelines or OSHA 1989 Safety and Health Program Management Guidelines. Ensure that written,
site-specific, safety and health plans are used by all contractors on their project.
- 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.
- Assign a minimum of one employee who will administer the firm’s safety and health program. This
person must have attended the AGC Safety Management Training Course or equivalent in the previous
three years;
- 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;
- 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);
- Provide evidence of employee involvement in all levels of the safety and health program, such as
self-audits, site inspections, job hazard analysis, safety and health program reviews, safety
training and mishap investigations.
- Provide a safety and health program orientation for all new employees and show evidence of
effective employee training for avoidance of hazards specific to the contractor’s work site(s);
- Conduct weekly employee safety meetings;
- Implement and maintain a substance abuse program;
- Conduct and document self-audits;
- Implement a 6-foot Fall Protection Policy;
- Maintain a lost workday incidence rate that is 15% less than the most current Bureau of Labor
Statistics national rate for the construction industry;
- Receive a qualifying inspection of at least one representative job site by the chapter safety
committee or the chapter’s designated representatives;
- Have no willful violations in the last three years;
- 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.
5. Program Confidentiality. Information
submitted by contractors as part of the application or renewal process, as well as information
obtained by virtue of the contractor's application or participation in the program, will be
held in strict confidence within the confines of the partnership program. The information will
be used only to measure the effectiveness of the partnership program. However, in the event of
an OSHA inspection, such information that is relevant to any element of the investigation and
normally is available will be provided to OSHA upon request.
6. Program Oversight
- The AGC National Director for Safety and Health is responsible for the following program
monitoring activities:
- Periodic reviews of participatory AGC Chapter Partnering activities to ensure compliance with the
partnership requirements, including random onsite visits of participant contractor work sites.
- Recommendations to the AGC Safety and Health Committee for program improvements.
- The OSHA Area Director will conduct a verification inspection of one worksite before conferring
incentives listed in section 7.C.2-6 to the Blue Participant. Verification inspections will be
conducted per current OSHA policy for focused inspections in construction.
7. Incentives. Upon acceptance as a partnership
participant, the OSHA Area Office will provide certain incentives to participants.
- RED Participants:
- Will be given special recognition from OSHA and AGC designating the contractor as a participant
in the CHASE Program;
- Will not receive citations for other-than-serious violations, provided that the hazards are
abated within a prescribed period of time;
- WHITE Participants:
- Will be given special recognition from OSHA and AGC designating the contractor as a participant
in the CHASE Program;
- Will not receive citations for other-than-serious violations, (except for regulatory violations)
provided that the hazards are abated at the time of focused inspection;
- Will be given the maximum good faith penalty reductions in accordance with current OSHA policy.
- BLUE Participants: After successful conclusion of an OSHA verification inspection, OSHA will
provide the following incentives:
- Will be given special recognition from OSHA and AGC designating the contractor as a participant
in the CHASE Program;
- BLUE participant job sites within the Area Office jurisdiction will be placed on a secondary
inspection list for the term of the job site;
- BLUE participants will receive unprogrammed inspections only in response to reports of imminent
danger, fatalities/catastrophes, and formal complaints. OSHA will use telephone or fax to handle all
other complaints except those cases involving serious injuries. When an inspection of a non-formal
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;
- OSHA will not issue citations for other-than-serious violations (except for regulatory
violations) provided the violations are abated at the time of the inspection;
- If cited by OSHA, BLUE participants will receive the maximum good faith and history penalty
reductions currently available under existing OSHA policy;
- During an OSHA inspection, it will not be necessary to include Blue participants whose program
has previously been verified by an OSHA inspection, unless the compliance officer documents that the
participant is responsible for any employee exposures to serious hazards such as falls, struck by,
caught in/between or electrocution hazards.
8. Partnership Evaluation
- It is the responsibility of the chapter safety committee or designated representative to gather
required participant data to evaluate the overall success of the program. Aggregated data will be
reported to AGC National and the OSHA Area Director.
- The partnership will be evaluated annually to determine whether the reductions in the number of
injuries, illnesses and fatalities have been met. AGC National is responsible for collating baseline
and annual performance data upon which the partnership will be measured. This aggregated data will
be reported to the OSHA Directorate of Construction.
- Participant aggregate lost workday incidence rates and fatality rates will be compared with BLS
published data to determine whether goals have been met at the chapter and national level.
- Participant incidence of injuries from the hazards that are the four leading causes of death on
construction sites (falls, struck-by, caught in/between, and electrocutions) will be measured and
compared against a baseline established in the first year of the partnership.
- If all signatory partners agree, partnership criteria may be revised annually based on
recommendations for continuous improvement.
9. Contractor Termination
- A contractor's participation will be terminated by the AGC Chapter, and OSHA will be informed if
one or more of the following occurs:
- An inspection by the AGC chapter, the AGC National Office or OSHA reveals a significant deviation
from program criteria;
- The contractor has falsified information on the application or supporting records;
- The contractor’s lost workday incidence rate rises above criteria set in paragraph 4.D.9 for
White level participants or paragraph 4.E.12 for Blue level participants; or
- The contractor takes other such actions that may be determined to be grounds for termination by
the chapter safety committee.
- Prior to final termination of a contractor's status, the following will occur:
- The contractor will be notified in writing of the intent to terminate;
- The notice will include an explanation of the reasons for termination;
- The contractor will have an opportunity to reply to the written notice within a period of thirty
(30) days; and
- The contractor will have the right to appear before the chapter safety committee
- The chapter safety committee will have the authority to reinstate the contractor if it determines
that the contractor's experience was unusual and not necessarily inconsis-tent with a sound safety
and health program. In this event, OSHA may conduct an-other verification inspection.
- Any contractor may terminate participation in the program at any time.
10. Term and Location of Partnership
- The partnership will have an initial term of three years and may be renewed if all signatory
parties concur.
- Any signatory party to the partnership may withdraw from the agreement at any time after
submitting written notification of intent to the other partner.
Agreed to this day February 7, 2005
________________________________
Mr. Jeffrey Scoggins
AGC - Rio Grande Valley Chapter
President
________________________________
Mr. Perry A. Vaughn
AGC - Rio Grande Valley Chapter
Executive Director
________________________________
Mr. John A. Giefer
Occupational Safety and Health Administration
Area Director - Corpus Christi Area Office
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