The Wichita Area Builders Association (WABA) and the Occupational Safety and Health Administration (OSHA) recognize the value of establishing a collaborative relationship to foster a culture of injury prevention and promote safe and healthful
working conditions in the residential construction industry. The program hereby established shall be referred to as the Residential
On-Site Safety Initiative (ROSSI).
I. Core Partnership Elements
This agreement establishes a partnership between OSHA and the WABA to offer incentives to member/ employers in the greater Wichita area to meet OSHA standards and protect workers. All member/ employers who participate in the program will
be expected to make residential construction safety and health core elements of all phases of construction. WABA and OSHA
are committed to working together to make sure that every member of the Association engaged in residential construction is provided educational opportunities and made aware of available safety materials and resources to assist them in their efforts to
ensure the safety of their employees. Toward that end, the Association will promote the use of the
NAHB-OSHA Jobsite
Safety Handbook -2nd Edition by all members to identify and abate hazards when they are present, as well as prevent hazards
by educating workers on proper safety procedures.
The NAHB-OSHA Jobsite Safety Handbook -2nd Edition will be the cornerstone of the ROSSI Program. However, OSHA and WABA will work continuously to improve materials as needed, especially to address unique and specific concerns.
This agreement will in no way affect employees' ability to exercise rights under the OSH Act and OSHA regulations, including
walk-around rights. Similarly, the agreement will in no way reduce any member/ employer's obligation to comply with all
applicable OSHA standards. As an integral part of an effective safety and health program, the opportunity for employees to
exercise their rights guaranteed under the Occupational Safety and Health (OSH) 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, shall not
be impaired. It is anticipated that routine employee involvement in daily 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 review, and mishap investigations.
The partnership will provide incentives to participating member/ employers who voluntarily improve their safety and health performance and demonstrate the implementation of an effective safety and health program. Incentives will include, but shall not be limited to, special recognition from OSHA, i.e., focused inspections, and reductions in penalties.
The partnership program will be conducted within the jurisdictional areas of the OSHA Wichita Area Office. Participation is strictly voluntary and is available to any member/ employer of the WABA who meets the qualification requirements of this
partnership.
The administration and funding of the partnership program will be by the WABA.
Participating member/ employers retain all rights guaranteed under the OSH Act, including the right to appeal or contest citations issued by OSHA.
II. Partnership Goals
- Reduce the number and severity of injuries, illnesses and fatalities affecting participating contractors from:
- Falls
- Struck-By
- Caught-In/ Between
- Electrocutions
- Increase the number of member/ employers who implement effective safety and health training.
- Develop criteria for a model member/ employer safety and health program.
- Allow OSHA to focus resources on employers that require assistance from OSHA, rather than member/ employers that have demonstrated existence of effective safety and health programs.
- Make safety and health resources available to all member/ employers of the WABA.
III. Partnership Incentives
Participants in good standing will receive the following incentives:
- Special recognition from OSHA and the WABA designating the member/ employer as a participant in the ROSSI.
- Removal from OSHA's programmed construction inspection list for up to twelve months after successful conclusion of an OSHA verification inspection, conducted per the current policy for focused inspections in construction.
- After successful completion of such verification by OSHA, a participant will not be subject to OSHA inspections
except as follows:
- If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed in II. A. 1-4, or hazards covered by a Local or National Emphasis Program.
- If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 2.103, Field
Inspection Reference Manual (FIRM).
- If OSHA receives a complaint it will be handled according to OSHA's Complaint Policies and Procedures (OSHA Instruction CPL 2.115). Referrals will be handled according to the FIRM.
- During OSHA inspections of non-participant employers, participants whose program has previously been verified by OSHA will not be included in OSHA inspections of non-participant employers, unless the OSHA compliance officer observes that, as a result of a partnership contractor's actions, employees are exposed to serious hazards.
- Will not receive citations for other-than-serious violation( s) from OSHA, provided that the violation is abated during the 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 Manual).
- Will be eligible to receive available incentives based upon safety improvements made as a result of this program.
- OSHA will provide the WABA with Local Emphasis Program (LEP)/ National Emphasis Programs (NEP) and
compliance assistance material for partnership utilization.
IV. Partnership Implementation
- The WABA will appoint a Partnership Steering Committee consisting of members of the Association. OSHA shall serve in an advisory capacity to the Partnership Steering Committee, which may include discussions relating to a contractor passing or failing an OSHA verification inspection. The Partnership
Steering Committee will work in conjunction with the OSHA representative as a part of the Committee to gain specific interpretations of OSHA
Regulations and Standards in order to educate member/ employers as to OSHA expectations and requirements and promote consistency in enforcement. The Committee will meet quarterly, at a minimum, or more frequently if
deemed necessary.
- All member employers interested in participating in the program must submit a completed ROSSI application form to the Partnership Steering Committee for review. Applications may be submitted at the beginning of each quarter.
The WABA will inform members who have successfully completed the application process and are eligible for
participation in the partnership.
- Member/ employers who qualify and accept the established requirements of the ROSSI program will be enrolled for a period of twelve months. Participants must reapply thirty days prior to their annual renewal date and shall provide documentation that they still meet current established guidelines.
- WABA will conduct training (10-hour OSHA Course) quarterly as well as a two (2) hour orientation session to explain the partnership to all new member/ employer applicants to the program.
V. Qualification Criteria
A member/ employer seeking participation in the ROSSI program shall:
- Be engaged in the residential or light construction industry and be a member of the WABA.
- Agree to provide written safety and health programs, training records, and injury/ illness records to the Partnership Steering Committee upon request.
- Have no fatalities or catastrophes that resulted in accident-related serious citations being issued within the past year.
- Have a total case injury/ illness incidence rate for the previous year equal to or less than the rate for it's SIC code, as published by the most current Bureau of Labor Statistics report. Contractors who are required to maintain OSHA injury and illness records will provide a copy of their OSHA 300 and 300a to the Wichita Area Office upon
application and annually thereafter.
- Have implemented a fall protection program where a participant requires and enforces the use of conventional fall protection, or an OSHA-approved alternative method, when their employees are performing work that is in excess of 6' above the lower level.
- Have read this partnership agreement in full and signify agreement to all of the requirements herein by signing a copy of the "Residential On-Site Safety Initiative (ROSSI) Application Form."
- Participants will have the following:
- A written safety and health program.
- A designated safety person available.
- Scheduled documented safety training.
VI. Safety & Health Program Criteria
The WABA or its designated third party entity(s) will be responsible for verifying that member/ employers have written safety and health programs and training records and will forward that information to the Partnership Steering Committee. A member/ employer seeking participation in the ROSSI program must have a safety and health program that meets the following criteria:
- Owner/ Management Commitment and Employee Participation:
- A written safety policy statement signed by a company principal, or officer with authority, and distributed to all employees.
- A written safety and health program that addresses recognized hazards and is based on the American National Standards Institute (ANSI) A-10.38-1991, Basic Elements of an Employer Program to Provide a Safe and Healthful Work Environment, or the OSHA 1989 Safety and Health Program Management Guidelines.
- A designated safety person to implement and monitor the member employer's safety and health program. The safety person shall:
- Have responsibilities clearly defined in writing.
- Report to owner/ management of the company.
- Have completed the OSHA 10-Hour Construction Safety and Health Training Course or equivalent training within the past three years.
- Have the authority from the owner/ management to stop work, instruct, or otherwise direct employees on matters relating to safety and health.
- 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.
- It is the responsibility of the designated safety person to establish a comprehensive safety and health disciplinary program. The program shall clearly state what disciplinary procedures will be utilized, including
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.
- Job-Site Analysis:
- The member/ employer shall have a job-site system to recognize and abate safety and health hazards before work commences, with particular attention to the four key construction industry hazards (falls, electrocutions, caught-in/ between injuries, and struck-by injuries).
- Regular job-site safety inspections by the employer/ management designated safety person.
- Job-site accountability for safety and health program enforcement.
- Hazard Prevention and Control:
- Conduct and document investigations of accidents to determine their causes.
- Implement measures to control hazards through work-site procedures or the use of personal protective equipment as may be necessary.
- Training:
- The following employee safety and health training programs shall be conducted and documented at all levels of the company:
- Training on typical residential jobsite and industry safety and health hazards.
- Conduct and document monthly/ quarterly toolbox safety training.
- Formal new employee safety and health orientation.
VII. Onsite Visits
- The WABA or its designated third party entity( s) will be responsible for conducting onsite visits to evaluate and verify member/ employer's performance. Information gathered from member/ employers will be forwarded to the Partnership Steering Committee and will:
- Be part of the initial application process for participation in the ROSSI.
- Include interviews with the company's principals, supervisors and employees, as well as a visit to at least one active job site.
- Be evaluated as part of the member/ employer annual renewal process and also on a random basis to ensure ROSSI guidelines are being met. These visits will include:
- An inspection of the member/ employer randomly selected jobsite.
- Safety and health program documentation.
- Interviews with employees.
- WABA will provide the OSHA Wichita Area Office with a list of member/ employers active in the program. The OSHA
area office may then conduct a verification inspection of one of that member's jobsites to assess the member/employer's eligibility for the incentives offered herein. A verification inspection of participating
contractors will be conducted if, for any reason, they are otherwise scheduled for a programmed or unprogrammed
inspection. During this verification inspection, no citations will be issued for other than serious violations provided
that the hazards are abated during the inspection.
- The scope of the inspection will be in accordance with the Field Inspection Reference Manual (FIRM) and the focused inspection policy covering the focused four construction hazards of falls, struck-by, caught-in/
between 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).
- The Compliance Officer performing the verification inspection shall make a pass or fail recommendation to the Area Director based on 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
be eligible to reapply for the partnership program after twelve (12) months from the date of notification.
VIII. Partnership Evaluation
- The success of the partnership will be evaluated annually by the following methods:
- Evaluation of the participating member/ employers injury and illness data.
- Feedback from participating member/ employers and their employees.
- The number of participants in the partnership.
- The partnership shall be deemed successful if:
- An evaluation of participating member/ employers injury and illness data indicates a reduction in incidence and/ or severity rates.
- Member/ employers and their employees believe the partnership has been effective in improving safety and health conditions at their job sites.
IX. Member/ Employer Termination
- A member/ employer's participation may be terminated by the WABA if one or more of the following occurs:
- An inspection by OSHA or WABA representatives reveals a significant deviation from program criteria.
- The member/ employer has falsified information on the application or supporting documentation.
- The member/ employer's total case injury/ illness incidence rate rises above the current rate for it's SIC as published by the Bureau of Labor Statistics, or an EMR rate of .85 or less.
- The member/ employer takes any other such actions that may be determined to be grounds for termination by the Partnership Steering Committee.
- Prior to the final termination of a member/ employer's status, the following will occur:
- The member/ employer will be notified in writing of the intent to terminate.
- The written notice will include an explanation of the reasons for termination.
- The member/ employer will have an opportunity to reply to the written notice within thirty days; and will
have the right to make an
appearance before the Partnership Steering Committee.
- The Partnership Steering Committee has the authority to evaluate the member/ employer if it determines the
member/ employer's experience was unusual and not necessarily inconsistent with a sound safety and health
program.
- Any member/ employer may terminate its participation in the program at any time by providing thirty days written
notification of intent to the Partnership Steering Committee.
X. Term and Location of Partnership
- The WABA/ OSHA Partnership will cover the greater Wichita Area for a period of three years. At the end of the
three years, the Kansas City Regional OSHA Office, Wichita Area OSHA Office, and the WABA, will make a joint
determination of whether or not to continue the partnership agreement.
- Either party to the partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner by providing a thirty-day written notice to the other member( s) of the partnership,
and the partnership agreement will terminate. Any party may also propose modification or amendment to the
program subject to concurrence by the other partner( s) to the agreement.
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