I. Construction Leaders Agreement for Safety (CLAS)
- The Associated Builders and Contractors, Inc., (ABC) Texas Coastal Bend Chapter, and the
Occupational Safety and Health Administration (OSHA) Corpus Christi Area Office, mutually recognize
the importance of providing a safe and healthful work environment in the construction Industry. To
advance our mutual goal, we strongly agree on the need to develop partnerships that foster mutual
trust and respect for the respective roles of each organization in the construction safety process.
We recognize and embrace the responsibilities inherent in those roles. We are committed to work as
partners to achieve construction workplace safety and health through shared strategies and
objectives.
- This agreement in principle between the ABC National Office and the Assistant Secretary of Labor
is intended to serve as a template for ABC local chapters to utilize as a basis for partnerships
with OSHA Area Offices. The actual partnerships will be negotiated between the local chapters of ABC
and the OSHA Area Directors. This Document will serve as that agreement between the Corpus Christi
OSHA Office and the Texas Coastal Bend Chapter of ABC.
- Implementation of this agreement is expected to result in decreased injuries, illnesses, and
fatalities for participant contractors with a resultant decrease in worker compensation costs.
- This agreement provides incentives to construction contractors that voluntarily participate in
the ABC Safety Training and Evaluation Process (STEP) program and demonstrate implementation of
effective safety and health programs.
- This agreement will not in any way affect employees’ exercise of rights under the OSH Act and
OSHA regulations, including walk-around rights.
II. Specific Goals
- Reduce by 3% annually the number of injuries, illnesses, and fatalities affecting participant
employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by and
caught-in mishaps, and electrocution (focused four construction hazards).
- Increase the number of construction companies that implement effective safety programs.
- Decrease worker compensation costs and OSHA penalties for contractor participants.
- Allow OSHA to focus resources on companies that require attention from OSHA, rather than
companies that have demonstrated existence of effective safety programs.
- It is anticipated that with minimal use of OSHA resources, this partnership will result in
improved safety and health programs, a higher level of employee safety and health training, and as a
secondary benefit, improved job site safety and health program commitments by subcontractors working
with CLAS participants.
III. Program
- ABC has implemented a program to assist its member construction companies in evaluating their
safety and health program performance and their safety and health training programs. This program is
known as the Safety Training and Evaluation Process, or “STEP” program. The ABC National Office
processes all applications and, in turn, presents awards to qualified applicants.
- The STEP program was created by the ABC National Safety Committee in 1992. The National Safety
Committee is composed of construction safety professionals drawn from ABC member companies
throughout the United States. Along with this national committee, ABC has over 60 safety committees
formed in various chapters across the United States and Guam. Safety committee members at these
local chapters identify and provide safety courses and seminars on safety compliance programs
pertinent to their geographical area. These committees convey concerns, stance on issues and other
items of construction safety interest to the National Safety Committee.
- A Partnership Steering Committee from the National Safety Committee will oversee the activities
of the CLAS Partnership program. The Partnership Steering Committee will be comprised of safety and
health representatives from ABC member companies. The Committee will review and approve or
disapprove CLAS applications. OSHA’s Directorate of Construction will serve as advisor to the
Partnership Steering Committee.
- The STEP program has four award levels. The Bronze, Silver and Gold awards are based on
self-evaluation scores and are administered by ABC. The fourth category, Platinum, will be open to
those companies whose achievements in the area of worksite safety are, certifiably, the best of the
best. Acceptance into the CLAS Partnership will require additional validation of safety and health
program efficacy through an on-site verification inspection. Contractors, which are accepted into
the CLAS Partnership, will receive incentives from OSHA, as listed in Section VI of this document.
- Once a partnership has been established between the local chapters of ABC
and the Area Offices, the Partnership Steering Committee will inform the local chapters of their
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 Area Director of the qualified contractors.
IV. Program Implementation
- The STEP program is implemented in two phases:
- First phase is the completion of the STEP application. ABC National will distribute applications
to construction contractor members. The application consists of a two-part form. Part One of the
form requests safety statistical data. This data is found on summary OSHA 200/300 logs. Part Two of
the form is the self-evaluation section. Here, contractors answer a series of questions related to
the safety program; each response has a numerical rating. Responses from questions are totaled,
providing a self-evaluation rating.
- The second phase of the STEP program is the evaluation of applicants and the distribution of
certificates. Application evaluation is conducted at the ABC National office. Data from each
application is keyed into ABC National’s database. This includes information from the applicant’s
Summary OSHA 200/300 Log, employee work-hours from the noted calendar year, as well as the
self-evaluation score. While Summary OSHA 200/300 Log data are collected from all STEP participants,
these data will be used for evaluation purposes only for Platinum award level applicants;
self-evaluation scores are used to determine the award levels of Bronze, Silver and Gold.
- Applicants seeking CLAS status will have additional criteria to satisfy. CLAS applicants must:
- Have been recipients of Gold certificate in the prior year and must qualify as Gold level
(self-evaluation score 120 or higher) in the current year;
- Submit their Summary OSHA 200 Log for 2002 Participants (OSHA 300 Logs for those who participate
after 2002) and have an occupational injury & illness recordable rate (total case per BLS formula)
below 4.0;
- Supply a statement from their insurer that verifies the applicant’s self-evaluation score;
- Receive a verification inspection of at least ONE owner approved VPP construction work-site, or
ONE owner approved construction work-site, of their choice and agreed to by the owner and the
Committee, to be conducted by the Partnership Steering Committee or its designated representatives;
- Supply a statement indicating the number of company safety inspections conducted by the Platinum
applicant, in the Texas Coastal Bend Area;
- Have a written site specific safety and health program based on the ANSI A-10.38 guidelines or
the OSHA 1989 Safety and Health Program Management Guidelines;
- Show evidence of employee involvement in the safety and health program, for example,
participation in self-audits, site inspections, job hazard analyses, safety and health program
reviews, safety training, and mishap investigations;
- Show evidence of effective employee training for avoidance of hazards specific to the
contractor’s work site(s);
- Have provided construction site supervisors with training equivalent to the OSHA 10-hour
construction safety course;
- Have designated safety personnel who, through training and experience, are able to recognize
work hazards and have the authority to take prompt corrective action, ensure program enforcement,
employee involvement and effectively trained their employees and supervisors. Training curriculum
equivalent to the OSHA 30-hour Construction Safety course will be deemed to be satisfactory;
- Implemented a fall protection program where participants require and enforce the use of
conventional fall protection, ie. Personal fall arrest systems, safety net systems or guardrail
systems (as defined within 29CFR1926.502) when their employees or sub-contractor employees are
performing work that is in excess of 6 feet above a lower level.
- Have no willful violations in the last three years;
- Have no repeated serious violations in the last three years;
- Have no fatalities or catastrophes within the last three years that resulted in serious
citations related to the incident.
V. Program Verification
- The ABC National Director of Safety and Health is responsible for the following program
monitoring activities:
- Periodic reviews of participatory ABC chapter activities to ensure that program requirements are met;
- Reviews will include random on site verification of CLAS participants to validate partnership
program administration;
- Termination of a participating contractor’s status if findings indicate unacceptable performance
or submission of falsified documentation;
- Providing recommendations to the ABC National Safety Committee for program improvements.
- Additionally, all CLAS participants will have the effectiveness of their safety and health
programs verified through an initial Focused Inspection on falls, struck-by and caught-in mishaps,
and electrocution (focused four construction hazards) by OSHA. Participants will provide ONE owner
approved construction work-site of their choice to OSHA. The verification inspection will only be
directed toward the specific contractor applying for the CLAS Partnership. OSHA verification
inspections will be conducted in accordance with the current OSHA policy for “Construction Focused
Inspection Initiative”.
- All CLAS participants will have the effectiveness of their safety and health programs re-verified
through annual Focused Inspection on falls, struck-by and caught-in mishaps, and electrocution
(focused four construction hazards) by OSHA. Participants will provide ONE owner approved
construction work-site of their choice to OSHA. The verification inspection will only be directed
toward the specific contractor applying for the CLAS Partnership. OSHA verification inspections will
be conducted in accordance with the current OSHA policy for “Construction Focused Inspection
Initiative”.
- Bronze, Silver and Gold STEP participants will not be eligible to participate in the partnership
until they have been accepted and formally recognized as a Platinum level participant.
- 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. However, in 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.
VI. Incentives
- CLAS participants will receive special recognition in ABC’s national publication.
- Upon acceptance as a CLAS participant, the local OSHA Area Director of the Corpus Christi Area
Office will provide certain incentives to participants;
- During an OSHA inspection, it will not be necessary to include Platinum 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.
- After such verification inspections CLAS participants will receive unprogrammed inspections only
in response to reports of imminent danger, fatalities/catastrophes and signed formal complaints.
OSHA will use telephone and fax to handle all other complaints except in cases of reported serious
injuries. When an inspection of an informal complaint is deemed necessary, a copy of the complaint
will be provided to the ABC National Safety Director by the Platinum Level participant;
- OSHA will not issue penalties for non-serious violations, provided the violations are abated
within a prescribed period of time;
- If cited by OSHA, CLAS participants in good standing will be eligible for the maximum good faith,
size and history penalty reductions currently available in the OSHA FIRM (CPL 2.103);
- During OSHA inspections of non-participant employers, CLAS participants whose program has been
previously verified by an OSHA inspection will not be included in the inspection unless the
compliance officer documents that the CLAS participant is responsible for employee exposure to
hazards listed in II.A. (Specific Objectives).
VII. Employee/Employer Rights
- As an integral part of an effective safety and health program, the availability of employees to
exercise their rights which are guaranteed under the OSH Act and regulations (such as but not
limited to the right to file a safety and health complaint, and the right to information collected
pursuant to OSHA requirements (e.g. the OSHA 200/300 log and medical exposure records) will not be
infringed. It is anticipated that routine employee involvement in the day to day implementation of
worksite safety and health programs will be assured, including employee participation in employer
self-audits, site inspections, job hazard analyses, safety and health program reviews and mishap
investigations.
- Employers retain all rights guaranteed under the OSH Act, including the right to appeal or
contest violations issued by OSHA.
- Participation by employers at the CLAS level does not abrogate the employer’s responsibility to
comply with the rules and regulations adopted pursuant to the OSH Act and does not abrogate their
responsibility to comply with any other commitments negotiated via separate agreements between the
agency and the employer.
VIII. Program Evaluation
- The partnership pilot will be evaluated annually for achievement of the annual goal of a 3 %
reduction in the number of injuries, illnesses and fatalities has been met. The ABC National Office
is responsible for gathering baseline data upon which the partnership will be measured.
- Participant aggregate injury/illness incidence rates (total case rates) and fatality rates will
be compared with BLS published data to determine whether the goal has been met.
- Participant incidence of the focused four construction hazards (falls, struck-by, caught between
and electrocutions) will be measured and compared against a baseline established in the first year
of the partnership
- The ABC National office will prepare an annual report evaluating the merits of the program and
providing recommendations for continuous improvement. The report will include injury/illness total
case rates, fatality rates and the “Focused Four Construction Hazards” incidence rates. Copies of
the report will be provided to all of the organizations participating in the partnership.
- The ABC Texas Coastal Bend Chapter office will provide quarterly reports to the Corpus Christi
OSHA office that indicate the number of company safety inspections conducted in the past three
months. The report will include the numbers of found “Focused Four Construction Hazards” identified,
corrected and the number of employees affected.
- The partnership annual report will be reviewed by OSHA and the Partnership Steering Committee and
may be revised based on recommendations for continuous improvement.
- ABC will strive to increase the number of CLAS members each year, which will decrease the number
of fatalities and injuries at our respective work sites. We are optimistic that our concentrated
efforts will impact industry as a whole.
IX. Contractor Termination
- A contractor's participation will be terminated and OSHA will be informed if one or more of the
following occurs:
- An inspection reveals a significant deviation from program criteria;
- The contractor has falsified information on the application or supporting records;
- The contractor’s injury/illness rate rises above 4.0;
- The contractor takes other such actions that may be determined to be grounds for termination by
the Partnership Steering Subcommittee.
- 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 make an appearance before the Partnership Steering
Subcommittee.
- The Partnership Steering Committee will have the authority to reinstate the contractor if it
determines that the contractor's experience was unusual and not necessarily in-consistent with a
sound safety and health program. In this event, OSHA is free to conduct another verification
inspection.
- Any contractor may terminate participation in the program at any time.
X. Duration and Location of Partnership
- The partnership shall have an initial term of three years and may be renewed if all parties concur.
- Either party to the partnership may withdraw from the agreement at any time after submitting
written notification of intent to the other partner.
- This Partnership Agreement is specifically for the Associated Builders and Contractors (ABC)
Texas Coastal Bend Chapter and the OSHA Corpus Christi Area Office Jurisdiction.
On this 20th day of January, 2005, all undersigned parties mutually agree to the terms and
conditions of this document and commence the OSHA and ABC Safety Partnership Agreement.
________________________________________
John A. Giefer
Corpus Christi Area Director
OSHA |
________________________________________
R. E. Parker
Board of Directors Chairman
ABC Texas Coastal Bend Chapter |
________________________________________
John Taylor
President
ABC Texas Coastal Bend Chapter
|
________________________________________
Mike Blundell
CLAS Steering Committee Chairman
ABC Texas Coastal Bend Chapter
|
|
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