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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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| OSHA Strategic Partnerships Program > Region 7 > #436 Partnership Agreement | ||||||||||||||||||||||||
 Printing Instructions |
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Partnership Agreement United States Department of Labor Occupational Safety and Health Administration Omaha Area Office Nebraska Concrete and Aggregates Association Nebraska Workforce Development OSHA Consultation - 21(d) Fatality Assessment Control Evaluation and Nebraska Safety Council |
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Scope and Purpose The Nebraska Concrete and Aggregates Association (NC& AA), the Occupational Safety and Health Administration (OSHA), Nebraska Workforce Development OSHA Consultation - 21(d) and Fatality Assessment Control Evaluation (FACE), and the Nebraska Safety Council, mutually recognize the importance of providing a safe and healthful work environment in the Ready Mixed concrete industry in the State of Nebraska. To accomplish our common goal, we strongly agree on the need to develop partnerships that foster mutual trust and respect for the respective goals of each organization in this particular industry. We, the Title Participants, are committed to work as partners to achieve workplace safety and health through shared strategies and objectives. This partnership is expected to result in decreased injuries, illnesses, and fatalities for the NC&AA participants, with a decrease in workers compensation costs. This partnership will focus on the following workplace safety issues: confined spaces, silica dust, noise, falls between working surfaces, slips, trips, and falls to the same surface, struck by, personal protective equipment and electrical hazards. Goals/ Strategies/ Measures:
Annual Evaluation: The partnership will be evaluated annually for achievement of the annual goal of 3% reduction of injuries, illnesses and fatalities. NC&AA is responsible for collecting the rate calculation information (OSHA 300A) and EMRs from member participants. The initial baseline rate information (Calendar Year 2005) will be collected in March 2006. Each group sponsoring or providing training as part of this agreement will be responsible for collecting the appropriate measurement information and providing that information to OSHA. OSHA Consultation will be responsible for tracking all consultation activities used as measurements. Annually, OSHA, NC&AA, OSHA Consultation, and the Nebraska Safety Council will meet to conduct an evaluation of this partnership and develop the yearly report in accordance with OSHA Instruction CSP [03-02-002], OSHA Strategic Partnership Program for Workers Safety and Health, paragraph XII.B.2.3. Annual Evaluation. In an effort to ensure that the specific items required by the OSP directive are met, Appendix A of this document will be used to perform the annual evaluation. Benefits: NC&AA member participants will receive special recognition in the Nebraska Concrete and Aggregates Association Newsletter and in any other local or national publication available to them. Member participants will be afforded priority consideration when requesting free OSHA Consultation services from Nebraska Workforce Development. Periodic training offered to all participant members. The development and delivery of a 10-hour OSHA training program tailored to address the hazards identified in the partnership agreement. All participant members will be added to the OSHA stakeholder electronic mailing list to receive OSHA updates on a regular basis. Upon meeting the goals of the partnership, a press release will be prepared and issued by the Department of Labor, announcing the success of the program and avenues taken to achieve the goals. If a member participant achieves DART, DAFWII, and TCIR rates below the most current Bureau of Labor Statistics (BLS) year data, they will receive an additional 10% penalty reduction for good faith beyond the reductions already provided in the Field Information Reference Manual (FIRM), for any citations it may receive. This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. During the second year of the program the participants would need to show a 25% reduction in the DART, DAFWII and TCIR rates to qualify for the additional penalty reductions afforded during the informal conference. Upon entry into the partnership, partnering members will be provided a six-month deferral from programmed inspections. During the deferral period, each partner will be expected to make workplace safety and health improvements or seek compliance assistance to improve workplace safety and health, in accordance with its responsibilities under the Act. Un-programmed inspection activities, such as complaints, fatalities, and referrals, will be conducted per the guidelines provided in the FIRM. OSHA will not issue citations for other-than-serious violations, during the duration of the partnership, provided the violations are abated immediately while the compliance officer is on-site. OSHA Verification: Each participant facility that receives a comprehensive onsite enforcement inspection conducted to meet OSP verification requirements, and that is current with injury and illness/EMR reporting requirements, will be deleted from programmed inspection lists for the period of time established for deletions in the then-current OSHA Site-Specific Targeting Directive. Un-programmed inspections may be expanded to comprehensive inspections for verification purposes, with the agreement of the member participant. The deletion may be extended for one additional year if the member participant continues to meet the conditions of the OSP agreement, maintains all rates below the national average and demonstrates improved performance in areas measured by the OSP. OSHA Strategic Partnership Management and Operation: The NC&AA will provide injury and illness data and experience modification rate (EMR) information to the Omaha Area Office on an annual basis. All member participants will be required to provide year-end injury and illness information and total hours worked during the year (taken from OSHA Form 300A), and their most current EMR, to the NC&AA by February 15, of the following year. The NC&AA will work cooperatively with title participants to develop a 10-hour OSHA course and other training materials focusing on hazards associated with the ready mixed industry. Title participants will meet on an annual basis for the purpose of reviewing compiled data and completing the annual evaluation document (Appendix A). The effectiveness of the partnership will be assessed and action plans established to address deficiencies. OSHA Consultation will be responsible for providing compliance assistance, onsite consultation services and training during the duration of the partnership agreement. OSHA Consultation will also be responsible for tracking and reporting measurements as described in Goals/Strategies/Measures. OSHA will be responsible for providing compliance assistance, training, completion of the annual report, tracking measurements and outcomes, writing articles for submission into the NC&AA newsletter and tracking VPP applications. The Nebraska Safety Council will be responsible for assisting with the development and delivery of training classes and tracking measurements as described in Goals/Strategies/Measures. Employee and Employer Responsibilities: This partnership does not preclude employees and /or employers from exercising any right provided under the OSHA Act (or, for federal employees, (29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulation adopted pursuant to the Act. Term of OSP: This agreement will terminate on September 29, 2010, which is five years from the date of signing. If any title signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other title signatories. For individual member participants of the partnership wishing to withdraw prior to the established termination date, the agreement will terminate upon OSHA’s receipt of written notice of their intent to withdraw. Member Participant Termination A participant will be removed from the program if one or more of the following conditions occur:
Bonita Winingham (402) 221-3184 ext 104 Partnership Modification: OSHA or the NC&AA may also propose modification or amendment to the program subject to concurrence by the other title partner(s) to the agreement. If this occurs, it is understood that proposed changes to the strategic partnership will be subject to review by the OSHA Regional Office and that all party’s concurrence will be required. Signatures:
Establishment Name: ________________________________________________ Establishment Telephone:_____________________________________________ Establishment Fax: __________________________________________________ Establishment Address:_______________________________________________ _______________________________________________ We have reviewed and evaluated the information sent with the Nebraska Concrete & Aggregates Association Partnership. We agree to participate in the program as a partner and are committed to implement an effective workplace safety and health program that provides for management leadership and employee involvement, hazard analysis, hazard prevention and control, safety and health training, evaluation, and compliance with applicable Occupational Safety and Health Act requirements. _________________________________________________________ Printed Name of Signatory (Administrator or Senior Official) ________________________________________________ ____________ Signature Date _________________________________________________________ Facility Contact (Name) _________________________________________________________ Facility Contact (e-mail address) _________________________________________________________ Number of Employees in facility covered by partnership |
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