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KANSAS CONTRACTORS ASSOCIATION - OSHA PARTNERING AGREEMENT 

I. Partnership Summary
  1. The Kansas Contractors Association (KCA) and the Occupational Safety and Health Administration (OSHA) mutually recognize the importance of providing a safe and healthful work environment in the construction industry. To advance our mutual goal the KCA and OSHA have formed a partnership commitment that fosters mutual trust and respect for the respective roles of each organization in the construction safety process.
     
  2. The partnership will be conducted within the jurisdictional area covered by the OSHA Area Office in Wichita. Participation is strictly voluntary and is avail­able to any contractor member of the Kansas Contractors Association who meets the qualification requirements of the program.
     
  3. The partnership will provide incentives to participating contractors who meet or exceed the program requirements. Incentives are set out in section III of this Agreement.
     
  4. The Kansas Contractors Association will appoint a Partnership Steering Committee comprised of the KCA Safety Committee Chair, Vice-Chair and immediate Past Chair. The KCA Member Services Director will also serve on the Partnership Steering Committee. The Committee will work with representatives of the OSHA Area Office in Wichita regarding assistance and oversight.
     
  5. This agreement will not in any way affect employees’ exercise of rights under the OS&H Act and OSHA regulations, including walk-around rights. As an integral part of an effective safety and health program, the opportunity for employees to exer­cise their rights guaranteed under the OS&H 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, e.g., the OSHA 300 log and medical exposure records will not be infringed. It is anticipated that routine em­ployee involvement in day-to-day implementation of worksite safety and health programs will be assured, including employee participation in employer self-audits, site inspections, job hazard analysis, safety and health program reviews, and mishap investigations.
     
  6. Employers retain all rights guaranteed under the OS&H Act, including the right to appeal or contest citations issued by OSHA.
II. Partnership Goals
  1. To increase the number of construction companies that implement effective safety and health programs.
     
  2. Emphasis on reducing the number and severity of injuries, illnesses, and fatalities affecting participating contractor members from:

    (1) Falls

    (2) Electrocutions

    (3) Caught-between and struck-by injuries

    (4) Trenching and excavation injuries
     
  3. Develop criteria for a model contractor safety and health program.
     
  4. Allow OSHA to focus resources on companies that require assistance from OSHA rather than companies that have demonstrated existence of effective safety programs.
     
  5. Continue to make new safety and health resources available to KCA contractor members.
III. Partnership Incentives

A KCA contractor member that qualifies for the program and has received a suc­cessful OSHA verification inspection:
  1. Will be removed from OSHA's programmed construction inspection list for a twelve (12) month period in accordance with OSHA Strategic Partnerships for Worker Safety and Health (Reference OSHA Instruction TED 8-0.2, paragraph J.1.)

     
  2. Will not be subject to OSHA inspections except as follows:

    (1) OSHA receives a report of an imminent danger situation or observes worker exposure to hazards as identified in paragraph II. B. Items 1-4 listed above.

    (2) When OSHA receives a complaint or referral it will be handled pursuant to Complaint Policies and Procedures. (Reference OSHA Instruction CPL 2.115).

    (3) A fatality or catastrophe occurs as defined in the OSHA Field Inspection Reference Manual (Reference OSHA Instruction CPL 2-103).

    (4) If a partnering employer appears on an SEP (Special Emphasis Program) list, i.e., an NEP (National Emphasis Program) or LEP (Local Emphasis Program) list, they will be subject to these inspections. The inspection will focus on the hazards identified in the program.
     
  3. Will not be included in OSHA inspections of non-participating employers (i.e., multi-employer worksites) unless the OSHA Compliance Officer observes that, as a result of a partnership contractor's actions, employees are exposed to haz­ards listed in paragraph II B Items1-4. Should an inspection as described in paragraph III B Items1-4 be con­ducted, the OSHA Compliance Officer will follow the focused inspection policy covering the focused four construction hazards of falls, struck by, crushed by and electrocutions (outlined in OSHA Memorandum from James W. Stanley, Deputy Assistant Secretary, August 22, 1994 (Revision (2) 9/20/95), Guidance to Compliance Officers for Focused Inspections in the Construction Industry).
     
  4. Will not receive citations for non-serious violation(s) from OSHA, provided the violation is abated at the time of inspection.
     
  5. Will be eligible to receive the maximum reductions allowed for good faith, size and history for penalties assessed for serious OSHA citations as outlined within OSHA Instruction CPL 2.103 (Field Inspection Reference Manual).

    (1) In the event that a citation with penalty is issued, partnering companies may receive maximum reductions as part of the informal conference settlement agreement and will be allowed to apply the reduced penalty dollars directly to abatement of workplace hazards and improvements in workplace safety and health programs.
IV. Safety and Health Program Criteria

A KCA Contractor member seeking participation in the partnership program must have a safety and health program that meets the following criteria:
  1. Management Commitment and Employee Participation

    (1) Have a written safety policy statement signed by a company officer and dis­tributed to all employees.

    (2) Have a written safety and health program that addresses recognized hazards based on OSHA's 1989 Programmed Management Guidelines or the Basic Elements of an Employer Program to Provide a Safe and Healthful Work Environment. (Reference American National Standards Institute (ANSI) A-10.38-1991).

    (3) Have implemented a fall protection program where a participant requires and enforces the use of conventional fall protection when their employees are performing work that is in excess of six feet above a lower level.

    (4) Have a designated safety coordinator appointed by top management to im­plement and monitor the contractor's safety and health program. The safety coordinator shall:
      (a) Have responsibilities clearly defined in writing.
      (b) Report to executive management of the company.
      (c) Have completed the OSHA 30-Hour Construction Safety and Health Training Course or equivalent training.
      (d) Have completed American Red Cross First Aid/CPR Course or equivalent training and hold a current card.
      (e) The Safety Coordinator will, through training and experience, be able to rec­ognize work hazards and have the authority to take prompt corrective action.
      (f) Have line authority from contractor's top management to instruct or oth­erwise direct field supervisory employees and field personnel on matters relating to safety and health.
      (g) Conduct periodic onsite safety and health audits, depending on the haz­ards involved that address at a minimum the following areas: fall haz­ards, electrical hazards, caught in-between hazards, struck by hazards, and trenching and excavation hazards.

    (5) The contractor shall have an established comprehensive safety and health disciplinary program which:
      (a) Clearly states what disciplinary procedures will be utilized including being subject to termination for willful or repeated safety and health violations. The program shall also have procedures for lesser forms of discipline for less serious types of safety and health violations.

    (6) The contractor shall have a drug and alcohol program.
     
  2. Job-Site Analysis:

    (1) The contractor shall have a job-site system to recognize and abate safety and health hazards in a timely manner with particular attention to the four (4) key construction industry hazards (falls, electrocutions, caught-between injuries, and struck-by injuries).

    (2) Conduct regular jobsite safety inspections by line personnel.

    (3) Have jobsite accountability for safety and health program enforcement.
     
  3. Hazard Prevention and Control:

    (1) Conduct and document investigations of accidents and serious "near miss" events to determine their causes.

    (2) Control hazards through engineering controls or the use of personal protective equipment as required.
     
  4. Training:

    (1) At least one supervisor or foreman on each job site shall:
      (a) Have completed the OSHA 10-Hour Construction Safety and Health Training Course or equivalent training.
      (b) Have completed the American Red Cross First Aid/CPR course or equivalent training and hold a current card.
       
    (2) The following safety and health training programs shall be conducted and documented at all levels of the company:
      (a) Training on specific job-site and industry safety and health hazards.
      (b) Weekly toolbox safety training.
      (c) Formal new employee safety and health orientation.
V. Procedures for Program Participation
  1. The contractor shall submit an Application for Participation to the KCA Member Services Director.
     
  2. A construction company seeking participation in the partnership program shall:

    (1) Have a Total Case Incidence Rate (TCIR) for the previous year equal to or less than at least one of the three most recent years’ rates plus 10% for it's SIC code, as published by the Bureau of Labor Statistics report, or have an Employer Modification Rate (EMR) of .90 or less.

    (2) Have no fatalities or catastrophes, which resulted in accident-related Serious citations being issued within the last three (3) years;

    (3) Have no Willful violations or Repeat (serious) violations in the last three (3) years;

    (4) Read the partnership agreement in full and signify agreement to all of the requirements contained therein by signing a copy of the Application for Participation which shall in turn be provided to the OSHA Wichita Area Office upon qualification.
     
  3. The KCA Member Services Director will notify the third party designee approved by both parties to the Agreement, that a respective KCA contractor member has requested program participation and for them to contact the contractor to perform a qualifying inspection. The designee will conduct a qualifying inspection and the contractor agrees:

    (1) To have the third party designee conduct a qualifying inspection to include:
      (a) A safety and health inspection of the contractor's place of business including worksite(s).
      (b) Evaluation of safety and health programs and review of records pertaining to safety such as OSHA 300 forms.
      (c) Interviewing employees including management, supervisory, and field personnel as deemed appropriate.

    (2) The contractor agrees to the release of the third parties written inspection report to the KCA Member Services Director for review by the Partnership Steering Committee.
     
  4. The KCA Partnership Steering Committee will review the written qualification report and determine if the construction company qualifies for program partici­pation. The KCA Member Services Director will contact the contractor member to let them know if they qualified for the program. If the Steering Committee deter­mines the contractor does not qualify, the KCA Member Services Director will advise the contractor as to further action necessary to qualify.
     
  5. Upon successful completion of the qualification inspection, the KCA Member Services Director will notify the OSHA Area Office in Wichita that the contractor is now a participant in the partnering program, and is ready for a verification inspection. OSHA will:

    (1) Perform a verification inspection of the participating contractor when a jobsite of the respective construction company receives an OSHA inspection for any reason, programmed or un-programmed. The Scheduling System for Programmed Inspections describes the steps to be followed in selecting construction work sites for programmed inspections. [Reference CPL 2.25I, paragraph B.1.b (2)].

    (2) The scope of the verification inspection shall be in accordance with the Field Inspection Reference Manual (Reference OSHA Instruction CPL 2-103) and the focused inspection policy covering the focused four construction hazards of falls, struck by, crushed by and electrocutions (outlined in OSHA Memorandum from James W. Stanley, Deputy Assistant Secretary, August 22, 1994 (Revision (2) 9/20/95), Guidance to Compliance Officers Focused Inspections in the Construction Industry).

    (3) Determine if the contractor passes or fails the verification inspection regarding participation in the partnership program. The Compliance Officer performing the verification inspection shall make a pass or fail recommendation to the Area Director based upon their professional judgment of the number and severity of hazardous conditions observed at the time of the verification inspection. If the contractor passes the verification inspection they will benefit from the incentives outlined in paragraph III - Partnership Incentives of this Agreement. If the contractor fails the verification inspection they will not be eligible to reapply for the partnership program for twelve (12) months from date of notification.
     
  6. When a participating contractor's twelve (12) months exemption from OSHA programmed inspections expires, the process for receiving an additional twelve (12) months exemption is as follows:

    (1) Partnership Steering Committee will review the participating contractor's safety and health program including OSHA 300 log to determine if the company continues to meet the qualifications criteria outlined in the partnership agreement.

    (2) If the contractor currently meets the program criteria, the Partnership Committee will so notify OSHA.

    (3) OSHA will conduct a verification inspection of the participating contractor when a job site of the respective construction company receives an OSHA inspection for any reason, programmed or un-programmed. (See paragraph E. 1, 2 and 3 of this Partnering Agreement)

    (4) Enforcement inspections performed up to three months prior to the participant’s entry into the partnership may be used to satisfy the verification requirement if the Area Director determines that the inspection covered the focused four construction hazards and other key components of this program

    (5) If the contractor passes the OSHA verification inspection, they will receive an additional twelve (12) months exemption from OSHA programmed inspections as well as other incentives outlined in paragraph III Partnership Incentives of this Agreement.
VI. Program Evaluation
  1. The partnership will be evaluated annually. Contractor members will provide OSHA 300 and 300A data to the KCA Member Services Director who will be responsible for collating baseline and annual performance data upon which the partnership will be measured. This aggregated data will be reported to the Wichita Area Office.
     
  2. Additional program evaluation factors:

    (1) Feedback from participating contractors and their employees.

    (2) The number of participants in the partnership.
     
  3. The partnership shall be deemed successful if:

    (1) An evaluation of participating employers injury and illness data indicates a reduction in incidence and/or severity rates.

    (2) Contractors and their employees believe the partnership has been effective in improving safety and health conditions at their job sites.

    (3) The number of participants in the partnership increases.
VII. Termination of Contractor Status
  1. A contractor's participation in the partnership program will be terminated if
    one (1) or more of the following occurs:

    (1) An OSHA inspection reveals a condition including, but not limited to a significant deviation from program criteria as identified in paragraph IV Safety and Health Program Criteria or recommendation by Compliance Officer as identified in paragraph V.E.3. of this Partnering Agreement.

    (2) Contractor takes any such actions that may be determined to be grounds for termination by the Partnership Steering Committee.

    (3) The member/employer's Total Case Incidence Rate (TCIR) rises above the highest of the three most recent rates plus 10% for it’s SIC as published by the Bureau of Labor Statistics, and/or their EMR rate rises above 1.0 for a period greater than one year.
     
  2. Prior to the final termination of a contractor's status, the following will occur:

    (1) The contractor will be notified in writing of the intent to terminate. The written notice will include an explanation of the reasons for termination.

    (2) The contractor has thirty (30) days upon receipt to respond to the written notice. The contractor may reply in writing or has the right to make an ap­pearance before the Partnership Steering Committee.
     
  3. The Partnership Steering Committee has the authority to reinstate the contractor if it determines the contractor's experience was unusual and not inconsistent with a sound safety and health program.
     
  4. Any contractor may terminate its participation in the program at any time by written notification of intent to the Partnership Steering Committee.
VIII. Location and Duration of Partnership
  1. The Partnership Agreement will be available to all KCA contractor members who qualify for the program for work they perform in the jurisdiction of the OSHA Area Office in Wichita that covers the entire State of Kansas.
     
  2. The Partnership Agreement will be for a period of three (3) years effective October 10, 2004 and expiring October 10, 2007. At the end of the three (3) year period the Kansas Contractors Association and OSHA will make a joint determination of whether or not to continue the partnership program.
     
  3. Either party to the partnership may withdraw from the Agreement at any time after submitting a thirty (30) day written notification of intent to the other party. The partnership shall terminate at the end of the thirty (30) day period. Any party may also propose modification or amendment to the program subject to concurrence by the other party to the agreement.

    Agreed this day, October 10, 2007.
 
____________________________________    
Charles E. Adkins, CIH Mary J. Sullivan
Regional Administrator President
U.S. Department of Labor, OSHA Kansas Contractors Association
Region VII, Kansas City Regional Office
 		  
____________________________________    
Judy A. Freeman
Area Director
U.S. Department of Labor – OSHA
Wichita Area Office