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Occupational Safety and Health Administration

Partnership Agreement

Between


San Antonio Masonry Contractors Association (SAMCA)

And

U.S. Department of Labor
Occupational Safety and Health Administration
(OSHA)
Austin OSHA Office

OSHA Strategic Partnerships

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
  1. OSHA Non-Enforcement Benefits
    1. Outreach, technical assistance, and training (when resources are available)
      1. 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.
      2. Seminars, workshops, and other speaking events provided to the partnership sites and corporate office.
      3. Informational materials such as safety and health brochures, pamphlets, and electronic tools.
      4. Technical assistance;
    2. Recognition
      1. 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.
      2. OSHA will recognize and highlight the achievements of partnership sites with exemplary or novel approaches to construction safety and health.
         
  2. OSHA Enforcement Benefits
    1. 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.
    2. Citation Issuance
      1. For hazards not deemed serious, a citation will not be issued if the hazard is abated during the inspection.
      2. 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.
      3. 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
  1. 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.
     
  2. The verification will be tailored to address the resources of the participating OSHA Area Office as well as the activities at the participating site.
     
  3. 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.
     
  4. 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.
     
  5. Initial verification visits should be conducted as soon as possible after a participating site has entered into the Partnership Agreement.
VII. PARTNERSHIP ADMINISTRATION
  1. 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.
       
  2. 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>>