I. Executive Summary
- The goal of this program is to develop a St. Louis construction industry/ labor/ government
partnership that will encourage St. Louis contractors to improve their safety and health
performance, assist them in their efforts, and recognize contractors with exemplary safety and
health programs. Specifically, the program has two overriding goals:
- To improve the safety and health record of the St. Louis construction industry, and;
- To accomplish that in an environment of cooperation among the participating members of the AGC of
St. Louis, craft workers, and the respective labor organizations.
The program is to be conducted within the jurisdictional area of the St. Louis and Kansas-City OSHA
Area Offices. The partnership will be available to all contracting firms that are members of the AGC
of St. Louis.
- Expected outcomes of the program include: allowing OSHA to focus resources toward contractors who
have little or no regard for the safety and health of their employees; developing criteria for a
model contractor safety and health program; mentoring of others in the St. Louis construction
industry by Partnership Member contractors; and making new safety and health materials available to
all contractors who are members of the AGC of St. Louis.
- The partnership will provide incentives to participating contractors who voluntarily improve
their safety and health performance. Incentives will include special recognition from OSHA, e.g.,
limited-scope inspections and reductions in penalties; and recognition from the organizations
forming the partnership.
- This partnership program is consistent with OSHA's long-range efforts to develop a
business/labor/government partnership approach to safety management. The partnership allows for
better use of OSHA resources, fosters innovation in safety management, and encourages more
participation in the safety process by the unions and the St. Louis contractor community.
- Perhaps most importantly, this program will help to create private sector incentives for improved
safety. Building owners may request that their projects be done by contractors who are participants
in the partnership and who can demonstrate their commitment to safety.
- The following organizations have agreed to support and participate in the development of the
program:
- Associated General Contractors (AGC) of St. Louis, (sponsoring organization)
- The Occupational Safety and Health Administration (OSHA), St. Louis Area Office
- The Occupational Safety and Health Administration (OSHA), Kansas City Area Office
- St. Louis Building and Construction Trades Council
- Carpenters' District Council of Greater St. Louis and Vicinity
- Eastern Missouri Laborers' District Council
- The administrative matters of the St. Louis Construction OSHA Partnership will be administered by
the St. Louis Construction OSHA Partnership Steering Committee, a committee of the AGC of St. Louis.
The AGC of St. Louis is a not-for-profit corporation, exempt from federal income tax under section
501 (c) (6) of the Internal Revenue Code. While there may be fees associated with participation in
this partnership program, the partnership program will not generate income for the AGC of St. Louis,
(or any other organization). Should revenues from this partnership program ever exceed operating
expenses, the income will be used to offset future partnership program costs.
II. Background
- The construction industry has a relatively high rate of accidents and injuries. The industry must
contend with hazards that can result from:
- Falls
- Electrocutions
- Caught-between and struck-by injuries
- Crushed by trenching and excavation operations
- Improving safety and health performance in the construction industry is no small undertaking.
Because of the industry's demographics, a large number of small jobs, generally of very short
duration, are performed every day. These jobs are often dangerous and workers may be exposed to
unsafe conditions and injured. Because it is impossible for OSHA to inspect all of these jobs, it
makes sense for the St. Louis construction industry to have a partnership program that encourages
and rewards voluntary compliance efforts.
III. Overview of the Program
- The partnership will be administered by Associated General Contractors (AGC) of St. Louis. A St.
Louis Construction OSHA Partnership Steering Committee will be created with the inception of this
partnership program and will be composed of representatives from contractors in the prior PRIDE OSHA
Partnership that ceased operation on April 9, 2003. A chairperson will be selected from this group
of contractors to serve an initial two (2) year term. Thereafter, the chairperson shall be rotated
every two (2) years from among contractors who are in the St. Louis Construction OSHA Partnership.
Also, at the inception of this partnership program, a St. Louis Construction OSHA Partnership
Advisory Committee will be created and will be composed of representatives from the Carpenters'
District Council of Greater St. Louis, the St. Louis Building and Construction Trades Council, the
Eastern Missouri Laborers' District Council, and the AGC of St. Louis. Each organization shall
appoint a representative and an alternate to serve on the Advisory Committee. Each organization is
entitled to one vote. Each organization may make changes at any time of their respective
representative without cause or reason for such change/replacement of organization representation.
OSHA will serve in an advisory capacity at Advisory Committee meetings, providing advice, assistance
and oversight as described in this partnership agreement. The AGC of St. Louis will serve as
secretary to the Committee.
- The St. Louis Construction OSHA Partnership Steering Committee shall have authority to engage the
services of professionals to conduct the duties and obligations assigned to the St. Louis
Construction OSHA Partnership Steering Committee. To offset the cost of such services, the St. Louis
Construction OSHA Partnership Steering Committee may institute fees for contractors participating in
the partnership.
- The Area Director for the St. Louis OSHA office, will coordinate OSHA's role in participating in
St. Louis Construction OSHA Partnership Advisory Committee meetings and will provide advice and
assistance to the St. Louis Construction OSHA Partnership Steering Committee on the following items:
- Contractor performance criteria, including the Safety and Health Program Criteria for
participating contractors;
- Program performance measurements established to measure the effectiveness of the partnership
program;
- Criteria used to qualify individuals to perform on-site visits for the purpose of internal
program verification by the St. Louis Construction OSHA Partnership Steering Committee;
- Partnership program oversight procedures, which will include discussions relating to a contractor
passing or failing an OSHA verification inspection; and
- Criteria for removal of a contractor from the Partnership.
- The St. Louis Construction OSHA Partnership Steering Committee will be charged with developing
the criteria for recognizing contractors with exemplary safety performance; with developing program
performance measurements; with evaluating program processes; and with interacting with other affected
parties
- The Partnership Program will operate in the following way:
- Contractors who are members of the Associated General Contractors (AGC) of St. Louis, and who
meet established criteria, i.e., have implemented safety and health program elements and have a Days
Away, Restricted, or Transferred (DART) Rate which is less than the rate for their SIC for the state
of Missouri as published by the Bureau of Labor Statistics, may apply for membership in the St.
Louis Construction OSHA Partnership. (The DART Rate represents cases involving days away from work,
restricted work activity, and transfers to another job and is calculated based on (N/EH) x 200,000
where N is the number of cases involving days away and/or job transfer or restriction, EH is the
total number of hours worked by all employees during the calendar year, and 200,000 is the base for
100 full-time equivalent employees.)
- Applications will be reviewed by the St. Louis Construction OSHA Partnership Steering Committee.
The Steering Committee will evaluate the applications using the established criteria developed by
the Committee:
- The criteria for participation in the St. Louis Construction OSHA Partnership will include a
visit to the contractor's place of business and an inspection of at least one job site.
- The St. Louis Construction OSHA Partnership Steering Committee will be charged with establishing
qualification criteria for safety professionals/consultants who may conduct job site visits (e.g.,
extensive experience in the construction industry, working knowledge of construction procedures and
practices, and expertise with regard to safety and health programs addressing falls, electrocutions,
caught in between injuries, struck by injuries, crushed by excavation and trenching, and related
applicable hazards).
- Contractors who participate in the St. Louis Construction OSHA Partnership can reapply annually
by providing evidence of continued superior safety and health performance.
- Contractors who reapply will provide documentation that they still meet established criteria.
Employers may be subject to annual site inspections in conjunction with the annual renewal.
- The annual re-application will be completed in coordination with the renewal date of the
contractor's workers' compensation policy. The renewal application must be initiated not later than
30 days after policy renewal.
- The St. Louis Construction OSHA Partnership Steering Committee will establish criteria for
termination of participating contractors, and the criteria will include an appeals process. The St.
Louis Construction OSHA Partnership Steering Committee will have the authority to grant extensions
to the participating contractors, to grant probationary periods, and to terminate active status.
- The St. Louis Construction OSHA Partnership Steering Committee will establish its own operating
procedures, which may include rules for changing the composition of the Committee.
- The St. Louis Construction OSHA Partnership Steering Committee will monitor the partnership
program against the established program performance criteria. The committee will prepare an annual
report for the AGC of St. Louis, evaluating the merits of the program and making recommendations for
continuous improvement. Copies of the report will be provided upon request to all of the contractors
participating in the partnership and to the OSHA St. Louis Area Office.
- The safety professional/consultant engaged by the St. Louis Construction OSHA Partnership
Steering Committee will:
- Conduct periodic reviews to ensure that the participating contractors meet program requirements.
Reviews will include random on-site visits according to established protocols;
- Provide recommendations/advisories to terminate a participating contractor's status if findings
indicate unacceptable performance; and
- Provide recommendations to the St. Louis Construction OSHA Partnership Steering Committee for
appropriate program improvement.
- It is understood by all parties that information submitted by contractors as part of the
application or renewal process, as well as information obtained by virtue of the contractor's
application or participation in the program, will be held in strict confidence within the confines
of the partnership program. However, in event of an unprogrammed inspection based on IV. A.1.-3.,
such information, which is relevant to any elements of the investigation, will be provided when
requested by OSHA. Any document provided to OSHA or generated because of any OSHA inspection will be
handled in accordance with the Freedom of Information Act.
IV. Partnership Incentives
Contractors participating in the St. Louis Construction OSHA Partnership:
- Will not be subject to OSHA inspections except as follows;
- OSHA receives a report of an imminent danger situation or a referral. Complaints will be handled
in accordance with OSHA Instruction CPL 2.115.
- A fatality/catastrophe as defined in the OSHA FIRM (CPL 2.103) occurs.
- During OSHA verification inspections set forth in VIII.B., the inspector observes exposure to
hazards listed in 11.A.1.- 4 or hazards covered by one of OSHA's Local or National Emphasis Program.
- Will not be included in OSHA inspections of non-partnership employers unless the inspector
observes that, as a result of partnership contractor actions, employees are exposed to the hazards
listed in II.A.1.- 4 or other serious hazards.
- Will not receive citations for other-than-serious violations from OSHA, provided that the
violation is abated within one day (the contractor reserves the right to request an informal
conference and formally contest any alleged OSHA violation/citation);
- Will receive maximum reductions allowed by the FIRM for good faith, size and history for
penalties assessed for serious OSHA violations;
- May receive incentives from owners and respective insurance companies/contractors/unions and
recognition from the St. Louis Construction OSHA Partnership and others affiliated with the
partnership program.
V. Criteria for Qualification into the St. Louis Construction OSHA Partnership
- The contractor:
- Has established a written safety and health program meeting the criteria set forth in VII.A. L;
- Has provided clear evidence of implementation of the program throughout the company;
- Is in compliance with applicable OSHA regulations and requirements;
- Has made safety and health an integral part of the company's training and employee awareness
programs; and
- Has lead the effectiveness of the safety and health program confirmed by a site visit. The
contractor and its employees are not only operating safely but can serve as a model for other
contractors and their employees
- The contractor documents a DART Rate which is less than the rate for its SIC code for the state
of Missouri, as published by the Bureau of Labor Statistics.
VI. Contractor Eligibility
To apply for participation in the St. Louis Construction OSHA Partnership, a construction company
must meet the following criteria:
- Be engaged in the construction business and be a member of the AGC of St. Louis. At least 50
percent of the company's annual sales must come from these contracting activities.
- Have no fatalities or catastrophes that result in accident-related serious, willful or repeat
violations that become a Final Order of the OSHA Review Commission.
- Have no willful or repeat violations that have become a Final Order of the OSHA Review Commission
in the last three (3) years.
- Agree to provide injury and accident records to the St. Louis Construction OSHA Partnership
Steering Committee on request.
- Have read this partnership agreement in full and signify agreement to all of the requirements
herein by signing a copy of the "St. Louis Construction Partnership OSHA Partnership Application
Form."
VII. Safety and Health Program Criteria
The complete criteria for a sound company safety and health program will be determined by the St.
Louis Construction OSHA Partnership Steering Committee, but will include the following:
- Management Commitment and Employee Participation:
- A written safety and health program that addresses recognized hazards and is consistent with the
guidelines in ANSI A10.38-1991.
- Management training that includes safety and health awareness.
- Employee participation in company safety and health programs.
- Annual safety and health program review.
- Compliance with the occupational safety and health standards promulgated by OSHA.
Designation of an individual by top management to implement and monitor the contractor's safety and
health program:
- Regardless of employer size, the individual selected shall have completed, as a minimum, the OSHA
10-Hour Construction Safety and Health Training Course or equivalent training within three (3) years
immediately prior to appointment.
- If the contractor performs work that is considered particularly hazardous, the St. Louis
Construction OSHA Partnership Steering Committee may require the individual to have completed the
OSHA 30-Hour Construction Safety & Health Training Course within the past three (3) years.
- The individual appointed by the contractor shall have at least five (5) years of construction
experience, or a combination of five (5) years of experience and formal education as deemed
appropriate for the size and job hazards encountered by the contractor.
- The individual appointed shall have line authority from contractor top management to order or
otherwise direct field supervisory personnel/field employees to take prompt corrective measures to
eliminate recognized safety and health hazards.
- The individual selected shall periodically conduct 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 crushed by trenching and excavation operations.
More comprehensive safety and health audits will be conducted in areas of high hazards when
appropriate (confined space, excavation, etc.) that are deemed appropriate by the contractor or the
St. Louis Construction OSHA Partnership Steering Committee.
- In conducting his/her duties, the individual selected shall use the ANSI A10.38-1991 "Basic
Element of an Employer Program to Provide a Safe and Healthful Work Environment" as a guideline to
determine the scope of protection needed for such high hazards exposures.
- Each contractor and subcontractor on a project is responsible for implementing and enforcing its
own safety and health program.
- Each contractor and subcontractor shall establish disciplinary rules that include discharge for
willful or repeated safety violations, and may include lesser forms of discipline for less serious
types of violations.
- A contractor or subcontractor who is party to a collective bargaining agreement containing an
established grievance procedure may utilize such procedure for enforcement of its disciplinary
rules.
- Contractors have an obligation to ensure that all subcontractors are complying with OSHA
standards and enforcing their own safety and health programs.
- Each contractor and subcontractor shall ensure that the safety and health program includes all
project-specific hazards.
- Participation in a substance abuse program according to mutually agreed guidelines.
- Job-,Site Analysis:
- Job-site systems to recognize and abate hazards in a timely manner, with particular attention to
the four key industry hazards (falls, electrocutions, caught between injuries, and struck by
injuries).
- Regular job-site safety inspections by line supervisors.
- Job-site accountability for safety and health program enforcement.
- Hazard Prevention and Control:
- Regular investigation of accidents and serious "near miss" events to determine their causes.
- Control of hazards through engineering controls, administrative and work practice controls or the
use of PPE as required.
- Training:
- Job site supervisors and foreman shall have attended the OSHA 14-Hour Construction Safety and
Health Training Course, or equivalent training, within the past three (3) years. Equivalent training
would include instructions pertaining to accident prevention and investigation that have been
tailored to the scope of the supervisor's or foreman's duties.
- Employee safety and health training programs at all levels of the company.
- Programs to make workers aware of potential health exposures.
VIII. Site Visits
- Site visits by the St. Louis Construction OSHA Partnership safety professional/consultant:
- As part of the initial application process for participation in the St. Louis Construction OSHA
Partnership, a visit to the applying contractor's place of business will be conducted by the St.
Louis Construction OSHA Partnership Steering Committee safety professional/consultant contracted to
provide such services.
- The visits will include interviews with the company's principals, supervisors and employees, as
well as a visit to at least one job site. The purpose of the visits is to confirm that the criteria
established by the St. Louis Construction OSHA Partnership Steering Committee are being met.
- Random visits to at least one active site for each participating contractor will be conducted on
an on-going basis among firms in the St. Louis Construction OSHA Partnership. These focused random
visits may include:
- An inspection of the contractor's place of business;
- Safety and health program documentation; and
- Interviews with employees.
- If these visits show that the company fails to meet established program criteria, the company is
subject to termination in the program, according to termination procedures.
- OSHA Verification Inspections:
- A verification inspection of the participating contractors will be performed when a jobsite of
the respective construction company receives an OSHA inspection for any reason, programmed or
unprogrammed. If the contractor passes the verification inspection they will benefit from the
incentives outlined in Paragraph IV. of this Agreement. All participants are subject to annual
verification inspections.
- The scope of the inspection will 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
for James W. Stanley, Deputy Assistant Secretary, August 22, 1994 and revised September 20, 1995).
- 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 fails the verification inspection, they will not be eligible to reapply for the
partnership program for twelve (12) months from the date of notification.
- A minimum of two verification inspections will be conducted among all program participants
annually. In the event than less than two inspections have been done, the necessary number (one or
two) of job sites will be selected among all participating contractors.
IX. Termination of CONTRACTOR Status
- A contractor's participation will be terminated if one or more of the following occurs:
- An inspection reveals a significant deviation from program criteria;
- The contractor has falsified information on the application or supporting records;
- The contractor fails to pay fees, if any, for renewal as may be established by the St. Louis
Construction OSHA Partnership Steering Committee;
- The contractor takes other such actions that may be determined to be grounds for termination by
the St. Louis Construction OSHA Partnership Steering Committee.
- Prior to the final termination of a contractor's status, the following will occur:
- The contractor will be notified in writing of the intent to terminate. The notice will include an
explanation of the reasons for termination;
- The contractor will have an opportunity to reply to the written notice within a period of thirty
(30) days; and
- The contractor will have the right to make an appearance before the St. Louis Construction OSHA
Partnership Steering Committee and be represented by counsel.
- The St. Louis Construction OSHA Partnership Steering Committee will have the authority to
reinstate the contractor if it determines that the contractor's experience was unusual and not
necessarily inconsistent with a sound safety and health program.
- Any contractor may terminate its participation in the program at any time.
X. Program Evaluation
It will be the responsibility of the St. Louis Construction OSHA Partnership Steering Committee to
establish criteria to evaluate the overall success of the program:
- The Committee will consider, among other things, periodic analysis of accident statistics of
Partnership and non-Partnership Program contractors; analysis of insurance industry loss ratios; and
feedback from the different groups.
- In accordance with protocols established by the St. Louis Construction OSHA Partnership Steering
Committee, OSHA will conduct verification inspections of partnership worksites to validate program
administration of this partnership
XI. Fees and Expenses
- It is anticipated that the program will be funded through the AGC of St. Louis. However, the AGC
of St. Louis reserves the right to institute (a) an initial application fee, (b) annual renewal fee,
and (c) training fees for seminars and related training to cover expenses.
- Other costs necessary to promote and administer the program will be borne by the AGC of St.
Louis.
XII. Outreach Programs
- One of the core benefits of the Partnership Program will be to develop contractors who can serve
as models for others to emulate. The program will include the development of criteria for a "model"
company; and those companies that qualify will be asked to mentor smaller contractors, or
contractors with less effective safety and health programs. Such mentoring services can also be
provided by the respective contractor associations and unions participating in the partnership. OSHA
may provide assistance in this effort as resources allow. The AGC of St. Louis Operation SafeSite
construction safety professionals will also provide assistance in this effort in accordance with AGC
policies and procedures.
- This mentoring can take several forms:
- Structured programs created within the scope of ongoing AGC of St. Louis/apprenticeship/union
safety and health education;
- Programs developed for presentation at an AGC of St. Louis membership meeting;
- Instruction offered in conjunction with apprentice/journeyman union training programs, and other
training programs;
- Instruction/training offered/available at the OSHA Training Institute Education Center located at
the St. Louis University School of Public Health, Center for Environmental Education and Training,
3545 Lafayette Avenue, St. Louis, Missouri 63104;
- Instruction/training offered/available through the Missouri Safety and Health Consultation
Service (800) 475-2130 or (573) 751-3403, contact person: Robert Simmons or designated
representative. Services to include consultation with the contractor, and may include selective
audits of jobsites to evaluate the implementation of the company's safety and health program.
XIII. Training Initiatives
Once the Partnership Program is begun, many construction contractors will be eager to meet the
criteria; and the AGC of St. Louis, through Operation SafeSite, apprenticeship programs and unions,
will be prepared to assist in the following ways:
- Gathering existing safety and health training materials;
- Referring contractors to appropriate Outreach Programs that can provide assistance in developing
a model company safety program, including identification of appropriate training resources;
- Helping to arrange for distribution of the materials through existing networks, including the AGC
of St. Louis bulletins, apprenticeship programs, and union training programs; and
- Assisting in offering mentoring programs featuring Partnership contractors on a
company-to-company basis or possibly through multi-company mentoring programs; and
- Developing a mentoring program to include a sub-classification of contractors who are presently
improving/upgrading their respective safety programs. This sub-classification may be designated
"Application in Progress", or a somewhat similar classification as determined by the St. Louis
Construction OSHA Partnership Steering Committee.
XIV. Ongoing Activities
- In addition to all of its other benefits, the Partnership Program will enable the industry to
work more closely with its contractors and OSHA. Immediate opportunities include:
- Creating a coalition to work on falls in the industry;
- Working on safety engineering for the industry (e.g., in the area of fall protection);
- Working with OSHA for a possible targeted training grant; and
- Sharing information on effective safety and health programs.
- We also expect that this program will become a prototype for use in other cities throughout the
United States.
XV. Measuring the Program's Success
- The success of the pilot program will be measured at least two ways on an annual basis:
- Evaluation of the Injury/Illness Incidence or Days Away, Restricted, or Transferred (DART) rates
of participating contractors. Each contractor's injury/illness and/or DART rates, along with
employee data, will be provided to the OSHA St. Louis Area Office on an annual basis for use in
OSHA's required internal evaluation. A copy of the evaluation will be provided to the St. Louis
Construction OSHA Partnership Steering Committee.
- Surveys of participating contractors and their employees. This survey may include statistical
data secured/developed under the AGC of America "National AGC Safety Awards (NASA)" program on
participating partnership contractors.
- The program will be deemed successful if
- Contractors and their employees believe the program has been effective in improving the safety
and health conditions at their job sites; and
- The St. Louis Construction OSHA Partnership Steering Committee provides injury/illness incidence
rates or DART rates on an annual basis and the data shows there is a downward trend of
Injury/Illness Incidence or DART rates;
XVI. Conclusion
- The Partnership Program outlined here offers a unique opportunity for a business/labor/
government initiative that is consistent with the goals of all affected parties.
- It offers tremendous potential for improvement in safety and health in an industry that has a
number of inherent hazards. Most importantly, it does so in a way that encourages cooperation rather
than confrontation and poses few, if any, downside risks to participants in the partnership.
- Even more importantly, we expect that the program will develop its own energy and that the
marketplace will react by rewarding contractors who can demonstrate their commitment to safety and
health. The net effect will be to raise the standards of excellence in the construction industry.
- The program, as outlined here, is supported and agreed to by the follow organizations involved in
its creation. We believe we all win, and we are eager to get started.
- This document may be executed in counterparts, all of which, taken together, shall be deemed to
be one original St. Louis Construction OSHA Partnership document.
XVII Program Implementation -Termination
- This Partnership will operate for a period of three years from implementation except that any of
the primary partners may withdraw, namely, the AGC of St. Louis, the Carpenters' District Council of
Greater St. Louis, the St. Louis Building and Construction Trades Council, the Eastern Missouri
Laborers' District Council, and the Occupational Safety and Health Administration (OSHA) by
providing 60 days notice to the other parties.
- If the partnership is successful as identified in section XV. B., the partnership may be extended
for additional three-year periods at the consent of the primary partners.
- The date of this St. Louis Construction OSHA Partnership Agreement is October S, 2006, and is
effective immediately.
1. Area Director, Occupational Safety & Health Administration St. Louis Area Office
2. Area Director, Occupational Safety & Health Administration Kansas City Area Office
3. Associated General Contractors (AGC) of St. Louis
4. St. Louis Building and Construction Trades Council
5. Car enters' District Council Greater St. Louis and Vicinity
6. Eastern Missouri Laborers' District Council
Notes: Original signed October 2003, re-signed and extended for an additional three (3) years on
October 5, 2006.
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