I. Partnership Summary
II. Partnership Goals
- 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.
- 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.
- 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.
- 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.
- 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
- Employers retain all rights guaranteed under the OS&H Act,
including the right to appeal or contest citations issued by OSHA.
III. Partnership Incentives
- To increase the number of construction companies that implement
effective safety and health programs.
- Emphasis on reducing the number and severity of injuries,
illnesses, and fatalities affecting participating contractor members from:
(3) Caught-between and struck-by injuries
(4) Trenching and excavation injuries
- Develop criteria for a model contractor safety and health
- Allow OSHA to focus resources on companies that require
assistance from OSHA rather than companies that have demonstrated existence of
effective safety programs.
- Continue to make new safety and health resources available to KCA
A KCA contractor member that qualifies for the program and has received a
successful OSHA verification inspection:
IV. Safety and Health Program Criteria
- 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.)
- 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.
- 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).
- Will not receive citations for non-serious violation(s) from OSHA,
provided the violation is abated at the time of inspection.
- 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
(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
A KCA Contractor member seeking participation in the partnership program must
have a safety and health program that meets the following criteria:
(2) The following safety and health training programs shall be conducted and
documented at all levels of the company:
- 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
(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
(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.
- 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.
- 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.
(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.
(a) Training on specific job-site and industry safety and health hazards.
V. Procedures for Program Participation
(b) Weekly toolbox safety training.
(c) Formal new employee safety and health orientation.
- The contractor shall submit an Application for Participation to the KCA
Member Services Director.
- A construction company seeking participation in the partnership program
(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
- 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
(a) A safety and health inspection of the contractor's place of business
(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.
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
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.
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
(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
(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
VII. Termination of Contractor Status
- 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.
- Additional program evaluation factors:
(1) Feedback from participating contractors and their employees.
(2) The number of participants in the partnership.
- 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.
VIII. Location and Duration of Partnership
- A contractor's participation in the partnership program will be terminated
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.
- Prior to the final termination of a contractor's status, the following will
(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.
- 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.
- Any contractor may terminate its participation in the program at any time
by written notification of intent to the Partnership Steering Committee.
- 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.
- 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
- 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
U.S. Department of Labor – OSHA
Wichita Area Office