OSHA Strategic Partnerships Program > Region 7

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OSHA Strategic Partnerships Program > Region 7 > #393 Partnership Agreement

Printing Instructions

Work Safe Partnership Program
With the
Sheet Metal and Air Conditioning Contractors’ National Association (Kansas City Chapter)
And the
Occupational Safety and Health Administration’s
Kansas City, MO and Wichita, KS Area Offices

I. Partnership Summary

The Sheet Metal and Air Conditioning Contractors’ National Association- Kansas City, SMACNA-KC, and the Occupational Safety and Health Administration of the United States Department of Labor (OSHA), mutually recognize the significance of promoting safe and healthful work environment in the sheet metal and air conditioning industry. To advance this mutual goal, the Work Safe Partnership Program (WSPP) has been established to formalize a partnership between these entities committed to encouraging contractors to voluntarily improve their safety and health performance, providing methods to assist them in their efforts, and recognizing contractors with exemplary safety and health programs.
The partnership will provide incentives to participating contractors who voluntarily improve their safety and health performance and demonstrate the implementation of an effective safety and health program. Incentives will include special recognition from OSHA, i.e., focused inspections, and reductions in penalties.
The partnership program will be conducted within the jurisdictional areas covered by the OSHA Kansas City and Wichita Area Offices. Participation is strictly voluntary and is available to any member of SMACNA-KC who meets the qualification requirements of this program.
The administration and funding of the partnership program will be by the Sheet Metal and Air Conditioning Contractor’s National Association’s Kansas City Chapter. SMACNA-KC’s Kansas City Chapter was established in 1950. SMACNA-KC is a not-for-profit commercial contractor association and represents 90 union companies throughout Missouri and Kansas.
Participating contractors retain all rights guaranteed under the Occupational Safety and Health Act (OSH Act), including the right to appeal or contest citations issued by OSHA.
This agreement will not in any way affect employees’ exercise of rights under the OSH 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 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, e.g., the OSHA-300 and 300a records, and medical exposure records will not be infringed. 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 reviews, and mishap investigations.
This program will cover sheet metal workshops where parts are fabricated (classified in the general industry Standard Industrial Classification Codes (SIC) of 3444-Sheet Metal Work and SIC 3446-Architectural and Ornamental Metal Work), as well as construction worksites where parts are installed (SIC 1761-Roofing, Siding, and Sheet Metal Work). Sheet Metal Workers in SIC 3444 are included in the National Emphasis Program (NEP) on Amputations.

II. Partnership Goals

At general industry sheet metal workshops, each participating contractor will seek an annual reduction in the number of injuries, illnesses, and fatalities, with an emphasis on reducing injuries and fatalities resulting from:
1. Amputations
2. Cuts, lacerations or punctures
3. Lockout/Tagout hazards
4. Machine Guarding
At construction worksites, each participating contractor will seek an annual reduction in the number of injuries, illnesses, and fatalities resulting from the following hazards:
1. Falls
2. Struck-by
3. Caught in/between
4. Electrocutions
Increase the number of general and specialty contractors who implement effective safety and health training programs for management, supervisors and employees.
Develop criteria for a model contractor safety and health program.
Allow OSHA to focus resources on companies that require assistance from OSHA, rather than companies that have demonstrated existence of effective safety and health programs.
Create a mentoring program for SMACNA-KC members by members who are actively involved with the partnership program.
Make safety and health resources available to all members of SMACNA-KC.

III. Partnership Incentives

Participants in good standing will receive the following incentives:

Special recognition from OSHA and SMACNA-KC designating the contractor as a participant in the Work Safe Partnership Program.
A minimum number of verification inspections will be performed by OSHA each year from among the partnership organizations. Methods for identifying sites for the purpose of conducting verification inspections are specified in Paragraph VII. B. Since inspections that would be conducted regardless of the partnership (such as complaint and programmed inspections) qualify as verification inspections, the increased likelihood that a given organization would receive a verification inspection due solely to meet the minimum requirement is considered by OSHA to be low. Inspections conducted within the three month prior to the date of an employers’ signing the partnership agreement will be evaluated by OSHA to determine whether it was adequate to serve as a verification inspection. In addition, those employers that do receive a verification inspection will be removed from OSHA’s Kansas City and Wichita Area Offices’ programmed inspection lists after successful conclusion of the inspection. (NOTE: The above referenced and following programmed inspection exemptions will only apply when the employer has a Days Away Case rate (DACR) that is equal to or less than the most current BLS DACR for the SIC/NAICS of the “establishment/activity” being inspected, or an EMR of 1.0 or less. The current, calendar year 2002, Days Away Case Rates (DACR) for the affected SICs are as follows):

176x 4.0 days away cases per 100 employees
3444 2.6 days away cases per 100 employees
3446 3.4 days away cases per 100 employees

The DARC is computed by taking the number of Days Away from Work Cases times 200,000 and then dividing that number by the total number of man-hours worked in a year.
1. If a partnership participant performs only general industry work, they will be removed from programmed inspections under the Amputation NEP for a period of three years (when the establishment DACR is equal to or less than the current applicable BLS national DACR for SIC 3444 or 3446, or equivalent NAICS Code, or has an EMR of 1.0 or less.)
2. Participants that only perform construction work will be removed from programmed construction lists for a period of one year (when the establishment DACR is equal to or less than the current BLS national DACR for SIC 1761, or equivalent NAICS Code, or has an EMR of 1.0 or less.). If a contractor is an active participant in The Builders’ Association’s Build Safe Partnership Program and has passed an OSHA verification inspection under that program, they will not be subject to an additional verification inspection under this program.
3. Participants that perform both general industry and construction work must successfully complete a verification inspection at both types of worksites prior to being removed from both general industry and construction programmed inspection lists (when the establishment has an EMR of 1.0 or less or has a DACR is equal to or less than the applicable current BLS national DACR for SIC 3444 or 3446, or equivalent NAICS Code and the current BLS national DACR for SIC 1761, or equivalent NAICS Code.).
After such verification inspections (at establishments where the EMR is 1.0 or less or has a DACR that is equal to or less than the applicable current BLS national DACR for SIC 3444 or 3446, and/or equivalent NAICS Code and the BLS national DACR for SIC 1761, or equivalent NAICS Code.), a participant will not be subject to OSHA inspections except as follows:
1. If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed in II.B. 1-4, hazards covered by a Local or National Emphasis Program, or due to actions resulting from OSHA’s Enhanced Enforcement policy.
2. If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM).
3. 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 procedures contained in the FIRM. If OSHA receives a complaint regarding a participating contractor’s worksite and utilizes the phone and fax procedure, a secondary copy of the complaint will be faxed to the SMACNA-KC Association’s Office (safety@smacnakc.com), within twenty-four (24) hours of receipt.
During OSHA inspections of non-participant employers, participants that are removed from programmed inspection lists at the time of the inspection1, as a result of an OSHA verification inspection, 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 such as falls, struck-by, caught-in or between, amputations, lacerations, and/or electrocution hazards.
Establishments that have an EMR of 1.0 or less or where the DACR is equal to or less than the applicable current BLS national DACR for SIC 3444 or 3446, or equivalent NAICS Code and the BLS national DACR for SIC 1761, or equivalent NAICS Code will not receive citations for other-than-serious violation(s) from OSHA, provided that 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 OSHA citations as outlined within the FIRM.

In the event that a citation with penalties is issued, partnering companies may receive maximum reductions as part of the informal conference settlement agreement and will be allowed to apply the dollar amount of the penalty reduction directly to abatement of workplace hazards and improvements in workplace safety and health programs. After completion of workplace hazard abatement and/or improvements, the participant will report back to the area office on the hazards corrected and/or the type of safety and health improvement implemented, including the number of employees affected by this correction or improvement. This incentive does not apply to high-gravity serious, willful, failure to abate or repeat citations.
Compliance Assistance Specialists from the Kansas City and Wichita Area Offices, or other non-enforcement personnel, may be available for a variety of onsite and offsite activities, including providing technical assistance, reviewing safety and health management systems and assistance in developing or improving these systems, providing guidance in conducting evaluations, and participating in workshops or other speaking events.
Participants who have or reduce their EMR to 1.0 or less or their DACR rate to or below the current BLS DACR rate for their industry will be eligible to receive all available incentives based upon safety improvements made as a result of this program.
OSHA will provide SMACNA-KC with Local Emphasis Programs (LEPs)/National Emphasis Programs (NEPs) and compliance assistance material for partnership utilization.
If a contractor fails a verification inspection at either a sheet metal workshop or a construction worksite, they will be removed from the partnership program for a one-year period. These contractors may re- apply for participation after the one-year period has passed.

IV. Program Implementation

SMACNA-KC will appoint a Partnership Steering Committee consisting of members of SMACNA-KC and one designated staff member. The Partnership Steering Committee may consist of up to seven representatives. Each committee member will be entitled to one vote. Term limits for committee members will be for two years, with reappointment possible. OSHA will 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.
All contractors interested in participating in the program must submit a completed WSPP application form to the Partnership Steering Committee for review. Applications may be submitted at the beginning of each quarter. SMACNA-KC will inform the Regional Partnership Coordinator of members who have successfully completed the application process and are eligible for participation in the program. In addition, baseline data for qualifying contractors, including the OSHA 300 and 300a for those contractors required to maintain them, or days away cases and employment data from the previous year for those with 10 or fewer employees, will be provided to the Regional Partnership Coordinator will, in turn, provide the Kansas City and Wichita Area Offices with this information.
Contractors who qualify and accept the established requirements of the WSPP 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.

V. Qualification Criteria

A company seeking participation in the partnership program shall:

Be engaged in the sheet metal workers’ industry and/or installation of fabricated sheet metal parts at construction worksites and be a member of SMACNA-KC.
Agree to provide written safety and health programs, training records, and
injury/illness records to the Partnership Steering Committee.
Have no fatalities or catastrophes which resulted in accident-related high-gravity serious citations becoming a Final Order of the Occupational Safety and Health Administration Review Commission within the last three years.
Have no willful violations or repeat violations becoming a Final Order of the Occupational Safety and Health Administration Review Commission in the last three years.
Have implemented a 100% fall protection program at construction work sites, where participants require and enforce the use of conventional fall protection (i.e. personal fall arrest systems, safety net systems or guardrail systems as defined within 29 CFR 1926.502) when their employees are performing work that is in excess of six feet above a lower level.
Have read this partnership agreement in full and signify agreement to all of the requirements herein by signing a copy of the “Work Safe Partnership Program (WSSP) Application Form.”
Participants will have the following:
1. A written safety and health program.
2. A designated competent person at all worksite(s).
3. Weekly documented safety training at all worksite(s).
4. SMACNA-KC 3E Program, or other SMACNA-KC equivalent Program.

VI. Safety & Health Program Criteria

SMACNA-KC will be responsible for collecting contractors’ written safety and health programs and training records. Information gathered will be forwarded to the Partnership Steering Committee for review and verification. An employer seeking participation in the partnership program must have a safety and health program that meets the following criteria:

Management Commitment and Employee Participation:
1. A written safety policy statement signed by a company principal, or officer with authority, and distributed to all employees.
2. 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.
3. A designated safety coordinator appointed by top management to implement and monitor the contractor’s safety and health program. The safety coordinator shall:
  1. Have responsibilities clearly defined in writing.
  2. Report to executive management of the company.
  3. Have completed the OSHA 30-Hour Construction Safety and Health Training Course or equivalent training within the past three years.
  4. Have completed the American Red Cross First Aid/CPR Course or equivalent training within the past three years.
  5. Have at least five years of construction experience, or a combination of five years of experience and formal education as deemed appropriate by the Partnership Steering Committee.
  6. Have the line authority from the contractor’s top management to stop work, instruct, or otherwise direct field supervisory personnel/field employees on matters relating to safety and health.
  7. 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.
4. It is the responsibility of the contractor to establish a comprehensive safety and health disciplinary program.
  1. 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.
  2. A contractor who is party to a collective bargaining agreement containing an established grievance procedure may utilize such procedure for enforcement of its disciplinary rules.
5. It is the responsibility of the contractor to establish a comprehensive written drug and alcohol program, and be a participant of SMACNA-KC Drug & Alcohol Free Workplace -SMACNA-KC DAFW. The program at a minimum shall require post-accident drug testing of injured employees who require off-site medical treatment and testing of any personnel directly involved in the accident.
Job-Site Analysis:
1. In sheet metal workshops, contractors shall have a job hazard analysis to recognize and abate safety and health hazards before work commences, with particular attention to amputations, lacerations, machine guarding, and lockout/tagout hazards.
2. At construction worksites, contractors shall have a job hazard analysis to recognize and abate safety and health hazards before work commences, with particular attention to fall, struck-by, caught-in or between, and electrocution hazards.
3. Regular job-site safety inspections by line supervisors.
4. Job-site 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. Implement measures to control hazards through engineering controls, administrative and work practice controls, or the use of personal protective equipment as required.
Training:
1. All jobsite supervisors and foremen shall:
  1. Have completed the OSHA 10-Hour Construction Safety and Health Training Course or equivalent training within the past three years.
  2. Have completed the American Red Cross First Aid/CPR Course or equivalent training within the past three years.
  3. Complete and maintain documentation of a minimum of two (2) additional training sessions per year.
2. The following employee safety and health training programs shall be conducted and documented at all levels of the company:
  1. Training on specific jobsite and industry safety and health hazards.
  2. Weekly toolbox safety training. (SMACNA Safety Toolbox Talks are available at SMACNA-KC office.)
  3. Formal new employee safety and health orientation.

VII. Onsite Visits

SMACNA-KC will be responsible for conducting onsite visits to evaluate and verify contractor’s performance. Information gathered from contractors will be forwarded to the Partnership Steering Committee and will:
1. Be part of the initial application process for participation in the WSPP, and an on-site visit to the applying contractor’s place of business will be conducted.
2. Include interviews with the company’s principals, supervisors and employees, as well as a visit to at least one active job site.
3. Be evaluated as part of the contractor’s annual renewal process and also on a random basis to ensure WSPP guidelines are being met. These visits will include:
  1. An inspection of the contractor’s place of business.
  2. Safety and health program documentation.
  3. Interviews with employees.
On a quarterly basis SMACNA-KC will provide the Regional Partnership Coordinator a list of any new active participants. The Regional partnership Coordinator will, in turn, provide the information to the Kansas City and Wichita Area Offices. OSHA will utilize this list in the fourth quarter of the calendar year to schedule participants for the purpose of identifying companies for jobsite verification inspections if the minimum number of inspections (specified below) has not already been conducted during that calendar year.
1. A verification inspection of participating employers’ workplaces and/or job sites will be performed when a jobsite of the respective company receives an OSHA inspection for any reason, programmed or unprogrammed. The active participants list will subsequently not be used to identify employers for inspection unless the conditions of VII. B. 2. of this agreement have not been met.
2. Staff from the Kansas City and/or Wichita Area Offices will conduct at least one verification inspection per year from among the sites of the partnering organizations (to include both general industry and construction sites). When no inspections have been conducted in any of the partnering organizations’ sites prior to the fourth quarter, at least one site will be identified through a randomization process for a verification inspection. This process will not commence until the fourth quarter following the signing of this partnership document. [Note: these inspections might not be conducted during the last quarter in that they may carry over into the following calendar year].

VIII. Partnership Evaluation

The partnership will be evaluated annually to determine whether the goal of seeking a reduction in the number of injuries, illnesses and fatalities, or days away from work cases has been met. SMACNA-KC is responsible for collating baseline and annual performance data upon which the partnership will be measured. This data, including copies of the OSHA 300 and 300a for those contractors required to maintain them, or days away from work cases and employment hours from the previous year for those with 10 or fewer employees, will be reported to OSHA’s Kansas City Regional Office.
Participant days away from work case rates and total injury/illness incidence rates (total case rates) will be compared with the most current BLS published data.
If all signatory partners agree, partnership criteria may be revised annually based on recommendation for continuous improvement.

IX. Contractor Termination

A contractor’s participation will be terminated by SMACNA-KC and OSHA will be informed if one or more of the following occurs:
1. An inspection by OSHA or SMACNA-KC representatives reveals a significant deviation from program criteria (for example, the contractor is cited for a repeat, willful or failure to abate violation). In these cases, the contractor will remain subject to OSHA inspection.
2. The contractor has falsified information on the application or supporting documentation.
3. The contractor 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 contractor’s status, the following will occur:
1. The contractor will be notified in writing of the intent to terminate.
2. The written notice will include an explanation of the reasons for termination.
3. The contractor 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 and be represented by counsel.
The Partnership Steering Committee, in consultation and concurrence with OSHA, has the authority to reinstate the contractor if it determines 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 by providing thirty days written notification of intent to the Partnership Steering Committee.

X. Term and Location of Partnership

The WSPP operates within the jurisdictional boundaries of the Kansas City, MO and Wichita, KS, Area OSHA Offices. The WSPP will be for a period of three years. At the end of the three years, the Kansas City Regional OSHA Office, Kansas City and Wichita Area OSHA Offices, and SMACNA-KC, will make a joint determination of whether or not to continue the partnership program.
Any 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.

Footnotes

1. Appropriate to the sector in which the verification inspection was performed.

Sheet Metal and Air Conditioning Contractor’s National Association (Kansas City Chapter) - OSHA
Work Safe Partnership Program (WSPP)

Signature Page

This Work Safe Partnership Program (WSPP) agreement, made and entered into this 10th day of December, 2004, by the Sheet Metal and Air Conditioning Contractor’s National Association’s Kansas City Chapter, Kansas City Regional OSHA Office, and Kansas City and Wichita Area OSHA Offices, will be for a period of three years. If either OSHA or SMACNA wishes to withdraw their participation prior to the established termination date, this agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.

Approved by:

Charles E. Adkins, C.I.H. Regional Administrator Kansas City Regional Office – Region VII U.S. Department of Labor - OSHA	Paul Russell President and Chairman of the Board Sheet Metal and Air Conditioning Contractor’s National Association Kansas City Chapter -SMACNA-KC
Manuel Olmedo Area Director Kansas City Area Office U.S. Department of Labor – OSHA	Judy Freeman Area Director Wichita Area Office U.S. Department of Labor – OSHA

Reference Page

The following documents are available from OSHA’s web site at www.osha.gov. On the right side of the home page under Laws & Regulations, click on Directives, then click on Directive Number. All are available under the CPL category, except for the Partnership Directive, which is under the CSP category.

CPL 02-00-103 (was CPL 2.103) Field Inspection Reference Manual (09/26/1994)
CPL 02-00-115 (was CPL 2.115) Complaint Policies and Procedures (06/14/1996)
CSP 03-02-001 (was TED 8-0.2) OSHA Strategic Partnerships for Worker Safety and Health (11/13/1998)

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