- IDENTIFICATION OF PARTNERS
This strategic partnership will heighten the importance of an injury reduction
program as well as continue to nurture a cooperative relationship. The
partners in this program include:
- The Occupational Safety and Health Administration (OSHA).
- Associated General Contractors of America, Shreveport Chapter
(AGC-Shreveport)
- Other Participating Contractors.
- PURPOSE AND SCOPE
The hazards associated with the construction industry are well documented.
These hazards increase in complexity in typical multi-story or large complex
interior renovation type projects. The partners’ goals are towards a reduction
and/or elimination of these hazards. In this regard, they recognize the
importance and value of exercising leadership by bringing their respective
skills to bear in a cooperative, focused, voluntary effort to ensure a safe
and healthful environment.
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 AGC-Shreveport have agreed to the joint
implementation of this partnership.
- GOAL, STRATEGIES AND MEASURES
The goals of this partnership are to develop contractor/government
relationships that will encourage participating AGC-Shreveport general
contractors and subcontractors to improve their safety and health performance;
to assist them in striving for the elimination of 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 assist in
minimizing and/or eliminating the hazards associated with highway work zones;
to prevent serious accidents during construction projects 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.
AGC-Shreveport will encourage all participating contractors 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) AGC-Shreveport will utilize 2008 year to date data as initial
baseline for statistical purposes. |
| 2) Improve SHMS for sub-
contractors at project site. |
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.
|
- PARTNERSHIP EVALUATION
An annual evaluation will be conducted by OSHA, with input from its partners,
to assess progress toward the partnership goals. The evaluation shall be
conducted on the anniversary date of the signing, and will address the goals,
strategies, and measures listed in Section 3. The evaluation will be
consistent with the latest annual partnership evaluation format provided in
Appendix C of the OSPP Directive, CSP 03-02-002.
- PARTNERSHIP BENEFITS
OSHA NON-ENFORCEMENT BENEFITS
Outreach, technical assistance, and training (when resources are
available):
- 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; for example, the OSHA Health Response Team and
other technical experts within the Directorate of Science, Technology and
Medicine, the Directorate of Construction, and Directorate of Enforcement
Program.
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
OSHA will maximize the resolution of complaints received against partnership
sites through the use of phone and fax as stipulated 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 penalty is issued to a partnership
site, 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).
- VERIFICATION INSPECTIONS
Onsite Enforcement Verification
Annually, OSHA will conduct onsite non-enforcement verification inspections of
10% of the companies participating in this partnership to assess the 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.
- PARTNERSHIP MANAGEMENT
The Partnership Management Teams (PMT) manages the partnership by determining
partnership procedures in addition to tracking, analyzing, and sharing
information on partnership activities and results. The PMT 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
AGC-Shreveport 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 AGC-Shreveport sites’ with outstanding safety and health
excellence.
- Evaluating data and partnership impact.
The PMT consists of representatives from AGC-Shreveport and OSHA as
follows:
- Two OSHA Field Office representatives.
- Three representatives from AGC-Shreveport.
The PMT operates consistently with the OSHA Instruction, Directive Number:
CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and
Health.
A PMT, consisting of AGC-Shreveport and OSHA Representatives will be formed to
leverage resources and facilitate the direction and management of the
Partnership. The PMT 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.
- ROLES AND RESPONSIBILITIES
OSHA will:
- Provide technical assistance, including interpretations of OSHA
standards, both on and off site, as resources allow, in reviewing
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, as required and available, 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.
AGC-Shreveport will:
- Provide OSHA with opportunities to announce and publicize agency
information related to construction safety and health.
- Prepare an annual safety report that will include information as
outlined in the partnership goals, strategies, and measures. Results will be
forwarded to OSHA on an annual basis.
- Ensure that the AGC-Shreveport is staffed with a representative that
will also be the primary partnership contact.
- Ensure that project-specific safety and health orientation training is
given to new hires and that 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
Participating Contractors will:
- 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).
What should this training cover? Or, is this just training in general?
- Periodically assess the results of training conducted to ensure
effectiveness through audits. How do they do this assessment?
- Where workers do not speak English, provide training in the language
understood by the worker.
- EMPLOYER AND 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.
- TERM OF AGREEMENT
This Agreement will terminate three years from the date of the signing. If
either AGC-Shreveport or OSHA withdraws their participation in this
partnership prior to the established termination date, written notice of the
intent to withdraw must be provided to the other signatories and the agreement
is terminated.
OSHA may also terminate an individual partnership project participation at any
time with written notice to both the site and AGC-Shreveport. Additionally,
the project may withdraw their participation from the partnership at any time
with a written notice to OSHA of the intent to withdraw.
It is not anticipated that any funding will be transferred between OSHA and
AGC-Shreveport.
- SIGNATURES
For OSHA
|
For AGC-Shreveport
|
______________________________
Dorinda Folse
Area Director
Occupational Safety and Health Administration
Baton Rouge Area Office |
______________________________
Kurt Dean
President
Associated General Contractors of America
Shreveport Chapter |
APPENDIX A
AGREEMENT OF PARTICIPIATION
Of Member Name
IN THE PARTNERSHIP BETWEEN
Associated General Contractors of America, Shreveport Chapter
AND THE
U.S. Department of Labor, OSHA, Baton Rouge Area Office
The United States Department of Labor Occupational Safety and Health
Administration (OSHA) and the Associated General Contractors of America (AGC),
Shreveport Chapter recognizes the importance of providing a safe and healthful
work environment for Louisiana’s workforce. To advance our goal, we strongly
agree on the need to develop a working relationship that fosters trust and
respect for each organization’s respective role in the safety process. We
recognize and embrace the responsibilities inherent in those roles. We are
committed to work as partners to achieve workplace safety.
MEMBER NAME, (herein called member) and AGC mutually recognize the importance
of providing a safe and healthful work environment for their employees, and
jobsites. To advance our goals, said member agrees with the criteria of the
Partnership between OSHA’s Baton Rouge Area Office and the AGC, Shreveport
Chapter
Said member has read in its entirety the criteria of the partnership. In
signing this agreement, said member company agrees to all the conditions and
terms of the partnership. Said member also agrees to the following:
- Cooperate in the development and continuous improvement of safety training
programs for their employees.
- Ensure that safety policies and practices are effective and consistent.
- Recognize and honor the Partnership for a period of three years.
- Either 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, _____________________, 200¬__
______________________ ______________________________
Member Name Kurt Dean
Member Company President
Member Address Associated General Contractors
Member City, State, Zip Shreveport Chapter
|
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