This SAFETY and HEALTH ARKANSAS ASSOCIATED GENERAL CONTRACTORS PARTNERSHIP for EXCELLENCE (SHAAPE)
partnering agreement was developed jointly by the Associated General Contractors of Arkansas (AGC)
and the Little Rock Area Office of the Occupational Safety and Health Administration (OSHA). The
common objective and goal of this agreement is to provide a safe and healthful workplace for all
employees engaged in construction activities in Arkansas, and to help prevent serious injuries and
illnesses within the industry through increased training and implementation and monitoring of
enhanced safety and health training programs.
This initiative represents a voluntary agreement and affords a partnership for voluntary compliance
alternative to the traditional OSHA enforcement activities. This partnership is consistent with
OSHA's long range efforts to develop a business/labor/government partnership approach to safety
management allows for a more effective utilization of OSHA resources, and encourages more
participation in the safety process by each stakeholder.
While OSHA has been involved in various efforts during the past several years designed to address
the issue of workplace injuries and illness, especially in construction, accidents and fatalities
continue to occur at an unacceptable rate. In an attempt to develop a more comprehensive approach to
this issue, OSHA implemented Special Emphasis Programs to focus its resources more effectively in
the area of enforcement, training and education, consultation and informational outreach programs.
These programs have represented a significant commitment toward the improvement of the nation's
Associated General Contractors of Arkansas (AGC) is a trade association focused on commercial
construction with over 280 member companies with over 10,000 employees representing all aspects
involved in the construction industry. Member companies include: building construction companies,
highway construction companies, utility construction companies, special construction companies, and
service and supplier companies.
For many years, AGC has provided opportunities for members and leadership to the Arkansas
construction community. Its focus has been to provide the means and measures to help its member
develop and grow. One of AGC's principal goals and a long-standing commitment of the Association has
been, and continues to be, to promote safety awareness and serve as a safety and health resource for
its members. This safety commitment includes information, education, referral and training.
AGC and OSHA believe that maintaining a focus on safety saves lives, time and dollars. The results
of this focus can result in a reduction of employee injuries, illnesses and deaths, equipment
damage, workers compensation cost, insurance cost, down time and monetary penalties. A focus on
safety and health is an objective that OSHA, AGC, and its members have in common.
Forming this partnership (SHAAPE) will increase OSHA's visibility within AGC's membership while
encouraging that membership to provide a safe and healthful workplace through voluntary compliance,
training, and education.
While it is recognized that it will be the focus and objective of all SHAAPE participants to reduce
injuries and illness through training, monitoring, etc., it also recognized that all participants
can achieve or maintain the same level of injury/illness rates. This differential may be result of
the Lost Workday Injury and Illness (LWDII) rate of the Standard Industrial Classification (SIC) of
the employer(s), the number of employees of the employer used to determine work hours, or other
valid reasons. Therefore, OSHA and AGC have agreed that this partnership should contain provisions
for two levels of participation will be set forth in the sections of the agreement stating the
commitments of OSHA, AGC, and the Level 1 and Level 2 employers.
LENGTH OF AGREEMENTS
Unless modified or superseded, this partnership program will expire on or before August 30, 2008.
Either, or any, partner may withdraw from this partnership agreement by providing written
justification to the other partners. Termination will be effective thirty (30) days after receipt of
notification. In addition, a participating employer may be requested to withdraw from this
partnership agreement, by OSHA and/or AGC, if that employer fails to abide by the commitment it has
ASSOCIATED GENERAL CONTRACTORS of ARKANSAS COMMITMENT
As an expression of its commitment to this SHAAPE partnership agreement, AGC agrees to accomplish
the following endeavors:
III. OSHA - LITTLE ROCK AREA OFFICE'S COMMITMENT
- Act as liaison between its members and OSHA
- Offer on-going, quality training of topics of importance to members; specifically the focused
areas such as fall protection, scaffolding, excavation, etc.
- Provide tool box talks to members to assist with training efforts.
- Provide up-to-date informational material and brochures to AGC members, securing those materials
from pertinent sources such as OSHA, other AGC members, etc.
- Organize and provide OSHA's interpretations of major standards as well as local inspection
perspectives. Providing this information to members will help them understand and properly interpret
- Provide FATAL FACTS to members from OSHA inspections/investigations as available.
- Develop safety training criteria for all levels of construction employees. This will help to
define and better clarify what OSHA accepts as adequate training for superintendents, supervisors,
foremen, and every level of construction worker.
- Assist members in developing written safety and health policies and procedures including emphasis
on company/employee responsibilities.
- Administer the overall partnership program, including but no limited to, the initial conduct and
evaluation of the partnership applications to determine whether the contractor meets the criteria
specified within this partnership initiative. Information to be considered by AGC will include
pertinent company information, i.e., demonstrated safety and health program, training commitments,
OSHA citation history, fatalities, injury/illness experience, and similar factors.
- AGC will notify OSHA on a regular and recurring basis with the name(s) of contractors which have
met the partnership criteria, including notifying OSHA whether the contractor qualified as a "Level
1" or "Level 2" partner.
- AGC will conduct a periodic evaluation to determine the impact and effectiveness of this
partnership with OSHA.
As an expression of its commitments to this SHAAPE partnership agreement initiative, OSHA-Little
Rock Area Office agrees to accomplish the following endeavors:
Contractors, Level 1 and Level 2 participating in this SHAAPE partnership initiative will be subject
to OSHA inspections as follows:
As an expression of its commitments to this SHAAPE partnership agreement initiative, OSHA-Little
Rock Area Office agrees to accomplish the following endeavors for Level 1 participants:
Level 1 and Level 2
- Reported imminent danger situations
- Formal complaints filed by a current employee or employee representative
- A fatality/catastrophe as defined in OSHA Instruction CPL 2.103 (Field Inspection Reference Manual)
- Monitoring inspections to ensure participant is complying with requirements of partnership. This
will be a "FOCUS" inspection only, unless conditions noted warrant an expansion of the inspection.
- Non-Participants- When conducting inspections of contractors/employer not participating in the
SHAAPE agreement, OSHA will not include Level 1 or Level 2 participants within the scope of site
inspections, other than as referenced above. This includes construction managers, general
contractors, or subcontractors working on jobsites or projects controlled by a contractor that is
not a partnering member.
In addition, OSHA-Little Rock Area Office agrees to accomplish the following endeavors for Level 2
- Assist AGC in the development of safety training criteria
- Assist AGC in the presentation of training to members, primarily through the use of OSHA's
Compliance Assistance Specialist
- Provide an OSHA representative to meet with AGC membership on a regular basis (e.g., monthly) to
discuss current jobsite findings, as appropriate, current violation trends, and possible
options/corrective measures to eliminate hazards.
- Share information on current violations and statistics, including relevant interpretations,
proposed standards, and similar information which may be of interest to AGC membership (for possible
publication in AGC mailings to members.)
- Recognize and consider AGC safety and health training programs when inspecting.
- Where participating members have established and implemented a comprehensive safety and health
program (such as referenced in Federal Register Number 54:3904-3916, "Safety and Health Program
Management Guidelines", January 26 1989, and/or American National Standards Institute (ANSI) A10.38,
"Basic Elements of an Employer Program to Provide a Safe and Healthful Work Environment"), including
the appropriate monitoring/presence of a competent person(s) as defined within 29 CFR 1926.32(f),
ensuring program enforcement, employee involvement and effectively trained trained their employees
and supervisors (e.g., utilizing AGC's safety training program or equivalent training), OSHA will
focus and limit the scope of its investigation to the four primary groups of hazards which account
for most fatalities and injuries in the construction industry: falls, electrical hazards, caught-in,
and struck-by hazards.
- Evaluate the employer's compliance with the terms and principles contained in the partnership
- Following an OSHA verification inspection, remove Level 1 participants from the initial OSHA
targeted inspection schedule on which they may appear, placing them on a secondary list, and other
inspection would normally only be scheduled in association with investigations of formal complaints
- Consider Level 1 participants eligible for the maximum size, good faith, and history for penalty
reductions currently outlined within OSHA Instruction CPL 2.103 (Field Inspection Reference Manual)
- Normally not issue citations for "other than serious" violations which are abated immediately or
in the presence of the Compliance Safety and Health Officer (CSHO).
IV. COMMITMENT OF AGC PARTNERSHIP MEMBERS
- Normal limit its site inspection/investigations as it relates to Level 2 participants to those
hazards listed as part of a "FOCUS" inspection; i.e., falls, electrical hazards, caught-in, and
- Evaluate the employer's compliance with the terms principles contained in the partnership
- Normally not issue citations for "other-than-serious" violations which are abated immediately or
in the presence of the CSHO.
As stated in the Executive Summary of this SHAAPE partnership agreement, the levels of commitment
for participating employers, and the primary levels of commitment for each level are as follows:
Level 1 is the highest level of participants in the SHAAPE partnership program. It will include
primarily General Contractors and Subcontractors who met all requirements for that level. Level 1
participants must meet the following requirements:
Level 2 is the minimum level of participation in the SHAPPE partnership program. It will include
primarily Subcontractors and smaller General Contractors who cannot, at the time of entering the
agreement, meet the requirements of Level 1 participants. While Level 2 participants will not be
required to meet the Level 1 participants, must show continual improvement each year in working
toward that goal.
In addition to the above specific requirements, all AGC members who wish to participate in the
SHAAPE partnership initiative at Level 1 or Level 2 must agree to the following commitments and the
- Have an LWDII for the referenced year that is at or below the national rate for similar companies
(based on their SIC code) listed by the Bureau of Labor Statistics, U.S. Department of Labor, for
the most recent BLS data.
- Have no fatalities or catastrophes within the last three years that resulted in, as a final
order, serious of willful citations related to the incident.
IV COMMITMENT OF AGC PARTNERSHIP MEMBERS
- Sign a letter of agreement with AGC indicating their intent to participate in this partnership
initiative, and request recognition by AGC as a Level 1 or Level 2 partner.
- Certify that their company has not received, as a final order, willful violations in the last
- Verify that a comprehensive written safety and health program is in place which is at least
equivalent to the criteria referenced in the Section III, paragraph F, as the minimum established
criteria for participation, including the AGC member's implementation of policies and procedures to
ensure that safety rules and procedures are enforced at their jobsites.
- Certify that their policy and procedures hold supervisor(s) and employee(s) accountable for
following established safety rules and OSHA regulations.
- Provide the level of training required by OSHA regulations to their employees either through AGC,
their own training personnel, or other consultants/trainers.
- Ensure that within one year after obtaining AGC's acceptance into this partnership program at
least one person responsible for administering the company's safety and health program will have
completed the OSHA 30-hour course for the construction industry (or its equivalent). Records of
training certification will be provided to AGC and made available for review.
- Ensure that within one year after obtaining AGC's acceptance into this partnership program, all
field construction supervisory personnel who have been employed for at least six months, will have
completed the OSHA 10-hour course for the construction industry (or its equivalent) predicated the
type and scope of work for contractor routinely conducts. Records of training certification will be
providing to AGC and made available for review.
- Provide quarterly safety related data or statistics to AGC concerning such issues as hours
worked, lost workday injuries, accident records, and OSHA inspection results. AGC will provide a
summary of and analysis of pertinent safety related information for review by OSHA. The purpose of
such summary information will assist in preparing an annual report necessary for the evaluation the
merit of the program and making recommendations for continuous improvement.
- Conduct weekly employee safety meetings.
- Conduct and document self-inspection audits.
- Implement and maintain a substance abuse program.
- Implement a 6-foot Fall Protection Policy.
As an integral part of an effective safety and health program, the availability of employees to
exercise their rights which are guaranteed under the OSHA 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, 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 assure,
including employee participation in employer self-audits, site inspections, job hazard analyses,
safety and health program review and mishap investigations.
V. PARTNERSHIP EVALUATION
This partnership will be evaluated annually by all participants. Such evaluation will include
criteria such as, but not limited to, contractor lost workday injury rates, number of OSHA
recordable injuries, workers compensation experience modification rates, (training provided to
employees and employer representatives,) etc.. AGC
Based on a mutual interest to protect construction workers in the State of Arkansas, the parties
below agree to the above terms of an AGC/OSHA Partnership Agreement
Signed this _____________ day of ____________________________
Associated General Contractors of America, Inc
PAUL J. HANSEN
Little Rock Area Office