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Appendix A List of Lee Lewis Construction Jobs
The following are identified as partners:
- U.S. Department of Labor-OSHA, LDO.
- Lee Lewis Construction Company.
PURPOSE AND SCOPE
The Lee Lewis Construction Company and the United States Department of Labor,
Occupational Safety and Health Administration (OSHA), Lubbock District Office (LDO)
and El Paso Area Office (EPAO) mutually recognize the importance of ensuring a
safe and healthful work environment in the construction industry in the State of
Texas. To advance this mutual goal, the Partnership between The Lee Lewis
Construction Company and OSHA has been established to formalize a cooperative
effort between these entities, committed to encouraging companies to improve
their safety and health performance voluntarily, providing methods to assist
them in their efforts, and recognizing companies with exemplary safety and
This Partnering Agreement, which has been developed for Lee Lewis Construction
Company Projects located in the 79 counties of the El Paso Area Office/Lubbock
District Office Occupational Safety & Health Administration, will be limited to
the Lee Lewis Construction Company, specialty or trade contractors at the site,
and other companies that work closely with Lee Lewis Construction on a number of
its projects. The companies that work closely with Lee Lewis Construction
Company on a number of projects will be invited to participate at the beginning
of this Partnership and will remain participants until such time as they wish to
withdraw or the partnership ceases. Lee Lewis Construction will invite specialty
or trade contractors to join the partnership at the time they start working on a
particular project site. The partnership will provide benefits to Lee Lewis
Construction Company, and the specialty or trade contractors, which include,
among others, special recognition from OSHA and priority in compliance
assistance programs. Lee Lewis Construction Company projects consist of: See
Lee Lewis Construction Company retains all rights guaranteed under the
Occupational Safety and Health Act (OSH Act), including the right to appeal or
contest citations issued by OSHA.
- GOALS / STRATEGIES / MEASURES
|1) Reduce by 5% annually the number of
injuries, illnesses, and fatalities affecting participating employers, with
an emphasis on reducing injuries and fatalities resulting from falls,
struck-by, caught-in/between, and electrocution hazards and trenching.
2) Decrease worker compensation costs and the number of OSHA citations for
this project within the Lubbock District Office’s jurisdiction.
|a. Require all specialty or trade contractors
onsite to work toward implementing a "zero tolerance" safety practice in
order to help achieve the desired reduction of worksite incidents
||i. OSHA’s 300 injury and illness data.
ii. Obtain the total case incidence rate (TCIR) and days away restricted
time (DART) rates for previous three years which will be used as the
iii. Number of hazards identified by type and corrected.
|3) Allow OSHA to focus resources on companies that require attention from OSHA,
rather than companies that have demonstrated existence of effective safety
4) Make safety and health resources available to Lee Lewis Construction
Company, and its specialty or trade contractors on site, as resources allow.
| a) Develop
and implement a comprehensive safety and health program that adheres to, or
exceeds, both the OSHA Safety and Health Program Management Guidelines. The
comprehensive written safety and health program will, at a minimum:
1. Include employee involvement.
2. Include effective employee training for avoidance of hazards specific to the
company's work site.
3. Provide construction site supervisors and foremen (including supervisors and
foremen of specialty or trade contractors) with training equivalent to OSHA's
10-hour Construction Safety Course to be able to recognize work hazards and have
the authority to take prompt corrective action. Training curriculum equivalent
to the OSHA 10-hour course will be deemed satisfactory.
b) Designate a competent person at the worksite.
|i. A minimum of 1 inspection or more as deemed necessary will be performed at
the site by Lee Lewis Construction Company, or any third party.
|5) It is anticipated with minimal use of OSHA resources, this OSPP 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 other specialty or trade contractors working with/for the
6) Foster open and continuing communication between the partners.
|a) Conduct and document weekly safety training at the worksite.
b) Compile injury and illness data on a quarterly basis to assist with
tracking industry trends and establishing an industry baseline.
| (See above)
|7) Share knowledge of the best practices.
||a) Compile a summary of the number of
inspections made by Lee Lewis Construction Company’s Safety Director (or their
designee) and any third party. The report will be broken down into the four
major categories of construction-focused hazards, and will show the number of
items within the four (4) categories that were corrected.
||i. Number of best
practices identified and highlighted.
An annual evaluation of this partnership will be conducted within thirty (30)
days of the first anniversary of the signing of the agreement. The Appendix C of
the Directive CSP [03-02-002], "OSHA Strategic Partnership program for Worker
Safety and Health," will be used to provide pertinent information needed to
assess the partnership.
It will be the responsibility of Lee Lewis Construction Company to gather
required participant data to evaluate and track overall results and success of
After the first year of the partnership, subsequent evaluations are to be
conducted at least thirty (30) days prior to the anniversary of the signing.
In good standing, Lee Lewis Construction Company will receive the following
benefits from OSHA:
Although certain benefits described above may modify OSHA enforcement
procedures, OSHA personnel will continue to investigate workplace complaints,
referrals, fatalities, catastrophes, and other significant accidents or events
at the site, per standard Agency procedures.
- Special recognition, which may include but is not limited to, press releases
issued by OSHA and recognition on OSHA’s web page designating Lee Lewis
Construction Company as a participant in the OSPP.
- Availability of informational materials such as safety and health
publications and electronic tools.
- Following an onsite enforcement inspection conducted to meet OSHA Strategic
Partnership verification requirements, it will not be necessary to conduct a
programmed inspection at any of the Partnership Agreement project sites within
the next twelve (12) months.
- Priority status to Lee Lewis Construction Company, and specialty or trade
contractors for compliance assistance and outreach activities, including the
OSHA 10- Hour Construction Course, as resources allow.
- If cited, Lee Lewis Construction Company, and specialty or trade contractors
that join in the partnership may be provided an additional 10% reduction for
good faith beyond the reductions provided in the Field Operations Manual (FOM)
where Lee Lewis Construction Company, in implementing this OSPP, has taken
specific steps beyond those provided in the FOM, to implement the Act. This
additional reduction will not apply to high gravity serious, willful, failure to
abate or repeat citations.
- VERIFICATION PROCEDURES
To determine contractor compliance with the terms of the agreement, an on-site
comprehensive enforcement verification inspection will be conducted within
thirty (30) days from the signing of the partnership agreement. Citations and
penalties may be issued, when appropriate, as a result of this inspection.
Enforcement verification inspections are performed in accordance with the
applicable sections of the OSHA FOM, and other enforcement guidance documents.
If additional inspections are necessary they will be conducted in accordance
with the FOM and other applicable enforcement documents. A focused inspection,
concentrating on the project safety and health program/plan, and the four
leading hazards in construction: falls, electrical hazards, caught in/between
hazards, and struck by hazards may be performed where upon initial inspection of
the site the CSHO determines that the contractor meets the requirement of the
Focused Inspection Initiative.
- MANAGEMENT AND OPERATION OF PARTNERSHIP PROGRAM
- A Partnership Management Team (PMT) with members from Lee Lewis Construction
Company and OSHA will oversee and coordinate this partnership. The team will
determine partnership procedures, which will include measures to be used and
data to be collected, hold conference calls, and meet at least annually to
evaluate the effectiveness of the agreement.
- The previous three year TCIR for Lee Lewis Construction Company baseline will
be used to determine whether the annual goal of a 5% reduction in the number of
injuries, illnesses, and fatalities has been met. Lee Lewis Construction Company
and LDO are responsible for collecting baseline and annual performance data upon
which the SPP will be measured.
- EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES
This partnership does not preclude employees and/or employers from exercising
any right provided under the OSH Act (or, for federal employees, 29 CFR 1960),
nor does it abrogate any responsibility to comply with rules and regulations
adopted pursuant to the Act.
This agreement will terminate two (2) years from the day of signing. If either
OSHA Lee Lewis Construction Company wishes to withdraw their participation prior
to the established termination date, the agreement will terminate upon receiving
a written notice of the intent to withdraw from either signatory.
Signed this ___ day of _________________________________.
JACK RECTOR, Area Director
Occupational Safety & Health Administration
Lubbock District Office/El Paso Area Office
Lee Lewis Construction Company
Appendix B List of Subcontractors that will be participating in this
Partnership through Lee Lewis Construction
Appendix C List of Other Companies that will be participating in this
Partnership through Lee Lewis Construction