I. AGREEMENT PARTNERS
The partners in this program include:
- The Occupational Safety and Health Administration (OSHA).
- SAMCA
- Participating Contractors
II. BACKGROUND
The hazards associated with the construction industry are well documented.
Construction activities involving masonry construction and worksites involving
multiple employers have added complexities. The partners’ goals are to reduce
and/or eliminate these hazards. In this regard, the partners recognize the
importance and value of exerting leadership by bringing their respective skills
to bear in a cooperative, focused, voluntary effort to ensure a safe and
healthful environment for all personnel involved.
To facilitate OSHA’s goal of reducing occupational-related fatalities and
serious injuries in the construction industry, as outlined in the Agency’s
strategic plan, OSHA and SAMCA have agreed to the joint implementation of this
partnership.
III. GOALS
The goals of this partnership are to develop contractor/government relationships
that will encourage SAMCA’s participating membership to improve their safety and
health performance; to minimize and/or eliminate the four major hazards (falls,
electrical, caught in/between and struck-by hazards), which account for the
majority of fatalities and injuries in this industry; to prevent serious
accidents during this project through implementation of Safety and Health
Management Systems (SHMS) and increased employee training; to include safety
training in an employee’s primary language for those employees working in
hazardous situations such as the four major hazards.
SAMCA will encourage all its membership under their direction and control to
adopt the terms of this partnership.
| Goals |
Strategies |
Measures |
1) Attain a Total Case Incidence Rate (TCIR)
and Days Away Restricted, Transfer Case Incidence Rate (DART) below the 2007
National BLS Average for the NAICS construction code.
|
a) Develop a system to track and address
incidences related to falls, electrical, caught-between and struck by
hazards.
b) Implementation of SHMS that includes elements of Section VII. |
i) Total employers and employees hours.
ii) Total case injury and illness rates.
iii) SAMCA will utilize 2007 year to date data as initial baseline for
statistical purposes. |
2) Improve SHMS for its membership
|
a) Develop criteria for a model contractor SHMS
b) Provide safety and health training and educational materials to all
on-site contractors. |
i) Number of Employees trained.
ii) Number of Training sessions.
iii) Total training hours.
iv) Number of subs (per project) that implemented or improved their SHMS.
|
3) Develop a program to assist Spanish speaking
workers to understand and follow SHMS requirements.
|
a) Develop tools to include but not limited to:
bi-lingual project signage, bi-lingual orientation, bi-lingual tool box
talks and subcontractor support utilizing bi-lingual foreman and
supervision. |
i) Number of employees safety trained in
Spanish.
ii) Number of safety training sessions in Spanish.
iii) Total training hours.
iv) Summary of training evaluations prepared by sub contractors |
IV. PARTNER ROLES AND RESPONSIBILITIES
OSHA will:
- Provide technical assistance, including interpretations of OSHA standards,
both on and off site, as resources allow, in reviewing participating contractors
site-specific safety and health management system.
- Help identify, through the review of OSHA 300 data and/or site accident
reports, the primary causal factors in injuries and illnesses, in particular the
four major hazards and provide technical assistance as required to assist in the
hazard correction.
- Provide access to training, as resources allow, including available OSHA
Training Institute Courses and information on other available sources for
training.
- Provide or participate in training sessions and meetings, as resources allow.
- Provide outreach information and assistance during initial implementation, as
resources allow.
- Take steps to ensure OSHA staff who conduct inspections of Partnership sites
are familiar with the terms and scope of this Partnership.
- Promote the partnership and recognize successful completion of milestones and
accomplishments.
SAMCA will:
- Provide OSHA with opportunities to announce and publicize agency information
related to construction safety and health.
- Prepare a quarterly safety report that will include information as outlined in
the partnership goals, strategies, and measures. Results will be forwarded to OSHA on a quarterly basis.
- Ensure that its membership is staffed with safety and health representatives
that will also be the primary partnership contacts. These individuals shall
ensure SAMCA membership work sites are following the requirements of the
partnership agreement.
- Ensure project-specific safety and health orientation training is given to new
hires and subcontractors have oriented their employees to their work practices.
- Provide appropriate training to all supervisors to ensure proper
implementation of the project’s safety and health management system.
- Document evaluations and provide to OSHA upon request.
- Provide leadership, guidance and a positive example to subcontractors, and
associates.
- Encourage employee involvement in the day-to-day implementation of work site
safety and health programs through the project safety and health committee.
Participating Contractors will:
- Conduct periodic workplace inspections/audits for the purpose of identifying
and correcting safety and health hazards. Fall, electrical, struck by and caught
between hazards will be documented and corrected.
- Inspections/audits will be conducted as frequently as deemed necessary by the
company, but in no case less than once every month
- Maintain records of recordable injuries and illnesses as required by OSHA.
This is an additional requirement placed on partners with less than 10
employees. These partners are not normally required to keep the OSHA 300.
- Conduct and document safety and health training by, or under the direction of,
a competent or qualified person. Training will integrate safety and health
requirements with upcoming tasks. This shall be accomplished through “toolbox”
meetings and “Job Safety Hazard Analysis” (JSHA).
- Periodically assess the results of training conducted to ensure effectiveness
through audits.
- Where workers do not speak English, provide training in the language
understood by the worker.
V. BENEFITS
- OSHA Non-Enforcement Benefits
- Outreach, technical assistance, and training (when resources are available)
- Onsite and offsite activities such as review of the SHMS and assistance to
develop or improve the system, and guidance in conducting audits and
evaluations.
- Seminars, workshops, and other speaking events provided to the partnership
sites and corporate office.
- Informational materials such as safety and health brochures, pamphlets, and
electronic tools.
- Technical assistance;
- Recognition
- OSHA will formally recognize partnership sites for its partnering
contributions including but not limited to certificates and press releases,
OSHA's website and Limited Access Page, worksite banners, letters, and plaques.
- OSHA will recognize and highlight the achievements of partnership sites with
exemplary or novel approaches to construction safety and health.
- OSHA Enforcement Benefits
- Where appropriate, OSHA will maximize the resolution of complaints received
against partnership sites through the use of phone and fax as outlined in OSHA
CPL 02-00-115, Complaint Policies and Procedures.
- Citation Issuance
- For hazards not deemed serious, a citation will not be issued if the hazard
is abated during the inspection.
- In the event that a citation with a penalty is issued to a participant in
this partnership, the Area Director has the authority to negotiate the amount of
penalty reduction as part of the informal conference settlement agreement.
- When calculating the initial penalty reduction, OSHA may provide an
additional 10% reduction for good faith beyond the reductions provided in the
Field Inspection Reference Manual (FIRM) where the employer, in implementing the
OSHA Strategic Partnership, has taken specific significant steps beyond those
provided in FIRM to implement the Act and achieve a high level of employee
protection. This additional reduction will not apply to high gravity serious,
willful, failure to abate or repeat citations. In cases where a partner’s total
penalty reduction is 100 percent or more, the minimum penalty provisions of the
FIRM will apply (see CSP 03-02-002, OSHA Strategic Partnership Program for
Worker Safety and Health at XIV.B.1).
VI. PARTNERSHIP VERIFICATION
- OSHA will conduct annual, on-site enforcement verification visits at each
participating partnership site to assess the site’s progress towards the goals
of the Partnership Agreement.
- The verification will be tailored to address the resources of the
participating OSHA Area Office as well as the activities at the participating
site.
- In addition to the verification of the progress made towards goals, the visit
will also verify whether the site is operating an effective SHMS management
system that adequately protects its employees. The OSHA worksite observations
should be sufficient to confirm the partner’s worksite is operating a safety and
health management system that adequately ensures the protection of employees.
- Participants agree in advance, prior to the onsite verification, that they
will correct any serious hazards identified during the visit. If the site
management refuses to correct such serious hazards, OSHA will make a referral
for an enforcement inspection.
- Initial verification visits should be conducted as soon as possible after a
participating site has entered into the Partnership Agreement.
VII. PARTNERSHIP ADMINISTRATION
- SAMCA and OSHA will jointly manage the partnership by determining partnership
procedures in addition to tracking, analyzing, and sharing information on
partnership activities and results. OSHA and SAMCA will evaluate the
effectiveness of the Partnership Agreement on an annual basis and will meet
quarterly to discuss agenda items such as:
- Sharing information on current violations and statistics applicable to masonry
contractors, or similar industry groups.
- Clarifying the meaning and application of OSHA standards and policy through
relevant interpretations and compliance directives on standards, proposed
standards, and violations.
- Identifying SAMCA work sites’ for their safety and health excellence.
- Evaluating data and partnership impact.
- This OSHA and SAMCA group operates consistent with the OSHA Instruction,
Directive Number: CSP 03-02-002, OSHA Strategic Partnership Program for Worker
Safety and Health.
Through SAMCA members and an OSHA Representative, a group will be formed to
leverage resources and facilitate the direction and management of the
Partnership. This group will perform a variety of activities to facilitate the
success of the Partnership, to include achievement of the goals, strategies, and
measures listed in Section III.
VIII. ANNUAL PARTNERSHIP EVALUATION
OSHA will prepare an evaluation of the partnership annually. The evaluation will
review the success of the partnership, lessons learned, and changes that will be
made to meet the goals of the partnership. The annual performance evaluation
report format from Appendix C of the OSHA Strategic Partnership Program (OSPP)
Directive CSP 03-02-002 shall be used. Performance measures listed in Section IV
of this Partnership Agreement will be collected and analysed to determine the
partnership’s progress toward meeting its goals. The annual evaluation will be
completed using information submitted relating to self inspections, OSHA 300A
data, and training records. SAMCA will collect data from the partners, aggregate
the data and send it to OSHA by the 20th of the month for data collected in the
prior month. OSHA will prepare the annual evaluation within 60 days of the
annual anniversary date of the partnership.
IX. EMPLOYER/EMPLOYEE RIGHTS
This partnership does not preclude employees and/or employers from exercising
any rights provided under the OSH Act, nor does it abrogate any responsibility
to comply with rules and regulations adopted pursuant to the Act.
This partnership agreement fully endorses and recognizes the value of employee
participation. The opportunity for employees to exercise their rights, which are
guaranteed under the OSH Act, will not be infringed upon by this partnership
agreement.
X. PARTNERSHIP AGREEMENT TERMS
Modifications and amendments of the Partnership Agreement can be proposed by any
signatory and they shall be implemented only upon consensus between SAMCA and
OSHA. The Partnership Agreement can be renewed at the end of the three-year
term. The Partnership Agreement is non-transferable to non-SAMCA-controlled
entities.
Partnership Limitations
It is stipulated that partnering employers remain subject to OSHA inspections
and investigations in accordance with established Agency procedures.
Limited Scope Inspections
OSHA will conduct unprogrammed inspections in accordance with the current Agency
enforcement policies and procedures, as specified in the Field Inspection
Reference Manual CPL 2.103
OSHA will conduct accident investigations.
OSHA will conduct investigations of formal (signed) complaints and informal
(unsigned) complaints that do not result in voluntary and adequate corrections
by the employer. Do we really need to include this, as it seems to reiterate our
policy, and we've already said in the above paragraph that we will continue to
conduct inspections pursuant to our policies?
Partnership Review:
Partnership agreement will be reviewed in the event of a fatality, catastrophic
event, or poor performance identified in an OSHA evaluation. The review will
determine whether the agreement will continue.
OSHA will terminate the participant’s agreement for any sustained willful
violation or any sustained failure-to-abate situations.
OSHA will terminate the participant’s agreement for any major identified program
discrepancy that is not improved within a reasonable and agreed upon time frame.
OSHA will terminate the participant’s agreement in the event of proven and
unresolved discrimination against employees who exercise their protected safety
and health rights under the OSH Act.
XI. FUNDS
It is not anticipated any funding will be transferred between OSHA and SAMCA.
XII. TERMINATION
This Partnership Agreement will terminate three years from the date signed. 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.
For non-signatory participants of the strategic partnership, OSHA may terminate
the participant's involvement at any time with written notice. Additionally, the
participant may withdraw their participation from the strategic partnership at
any time with a written notice of the intent to withdraw to OSHA.
Signature Page
On this 1st Day of October, 2008 ,
All undersigned Parties mutually agree to the terms and conditions of this
document and commencement of this Partnership Agreement.
Rupert Chavez
Assistant Area Director
OSHA |
|
Print Name:
Title:
Brazos Masonry, Inc. |
Print Name:
Title:
C & S Contractors, Inc. |
Print Name:
Title:
C.L. Crow Masonry, Inc. |
Print Name:
Title:
DJM Masonry Enterprises, Inc. |
Print Name:
Title:
Groesbeck Masonry, Inc. |
Print Name:
Title:
Guad Masonry Contractor |
Print Name:
Title:
Curtis Hunt Restorations, Inc. |
Print Name:
Title:
LS Masonry |
Print Name:
Title:
Lundberg Masonry, Inc. |
Print Name:
Title:
Rudd & Adams Masonry, Inc. |
Print Name:
Title:
Shadrock & Williams Masonry Ltd.
|
Print Name:
Title:
Rick Stone Masonry, Inc.
|
- Monthly reports are due by the 10th of the following month. Reports are to
be turned in to SAMCA.
- SELF INSPECTION
Employer Name ____________________________
Number of Inspections Made: ____________________________
Total number of employee’s on-site for all inspections_______________
Accident Information:
Number of lost time cases __________
Number of restricted cases __________
Hazards identified and corrected:
Falls _____________
(floors, platforms, roofs)
Electrical _____________
(overhead power lines, power tools and cords, outlets, temporary wiring)
Struck By _____________
(falling objects and vehicles)
Caught-in/Between _____________
(cave-ins, unguarded machinery, equipment)
Other hazards _____________
Training (optional)
# of employees ____________ X # of hours __________ = Total Hours
_______
# of managers _____________ X # of hours __________ = Total Hours
_______
Inspection Conducted by: ________________________________
Letter of Commitment
Eric S. Harbin
Area Director
OSHA
1033 La Posada, Suite 375
Austin, TX 78752
Dear Mr. Harbin,
We have been working with Joann Natarajan and Anthony Incristi of your office on
a proposed partnership. San Antonio Masonry Contractors Association
(thereinafter known as “SAMCA”) would like to form a partnership with OSHA,
called (example: “Masonry Contractors for Safety”). We are committed to
developing a comprehensive safety and health program that will involve employees
at all levels. It is our goal to include the employee in safety and health
inspections, and safety and health program analysis.
_________ (name of partnership) will focus our efforts on providing safety and
health training to our employees in the four areas where most accidents occur in
the construction industry; falls, struck by, caught in between and
electrocutions hazards. To accomplish this goal, each of the companies will hire
a Safety and Health professional that will keep records of all injuries
occurring in the work place, conduct inspections of the work place and provide
training to all employees.
__________(name of partnership) will cooperate with OSHA by allowing safety
inspections on any of our sites without delay.
<<Signatory’s Name>>
<<Title>>
<<Company/Agency>>
|
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