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United States Department of Labor
Occupational Safety & Health
Administration
September 30, 2010
Partnership Agreement
J.E. Dunn Construction

The Builders' Association

And
Missouri State Consultation Program
Honeywell Federal Manufacturing & Technologies
Plant Project
- Identification of Partners
The Partners in this agreement will include the following:
- Occupational Safety and Health Administration, OSHA's Kansas City Area Office
- JE Dunn Construction
- The Builders' Association
- Project Subcontractors - All subcontractors that work on this project are considered Partners, and all contracts with subcontractors that are not already executed will incorporate this OSHA partnership into their respective agreements. If contracts with subcontractors have already been executed, JE Dunn Construction will attempt to incorporate this OSHA partnership into their respective agreements with a subcontractor change order which will include a provision acknowledging the subcontractor's obligations under this partnership agreement.
- Missouri Onsite Safety and Health Consultation Program
- Purpose/Scopes
The Kansas City Area Office of the Occupational Safety and Health Administration, JE Dunn Construction, The Builders' Association, project subcontractors and Missouri Onsite Safety and Health Consultation Program recognize the need for a safe and healthy jobsite. The goal of this partnership agreement is to help ensure that the Honeywell Plant Project (HPP) will provide a safe work environment for all employees.
The HPP consists of construction of a new manufacturing plant for Honeywell Federal Manufacturing & Technologies located near the former Richards-Gebauer Air Base, immediately north of Missouri Highway 150 and west of Botts Road in Kansas City, Missouri, with a scheduled completion date of January 2013. The construction project consists of approximately 1,540,000 square feet of office, manufacturing, and support facilities, a covered outdoor wareyard, a central plant, surface parking for a minimum of 2,200 vehicles, access roads, security perimeter, and landscaping on an approximately 185 acre site. This Honeywell facility currently has a contractor onsite, National Nuclear Security Administration (NNSA), which is a Star participant in OSHA's Voluntary Protection Program (VPP).
This Partnership is designed to not only address hazards within the construction industry, but also to promote and recognize those jobsites that have a demonstrated and effective safety and health program.
This document will serve to establish a cooperative effort in the enhancement of a site safety program and maintaining an open line of communication between OSHA, JE Dunn Construction, The Builders' Association, the Missouri On-site Consultation Program, and subcontractors on this project.
Specifications and assignments within this partnership document do not relieve the contractors from or lessen their safety and health responsibilities nor change any contractual obligations between JE Dunn Construction and the project Owner and/or Developer or any of JE Dunn Construction's Subcontractor(s), nor does it lessen any/all affirmative defenses, legal rights or due process afforded contractors with respect to Agency enforcement action.
- Goals/Strategies and Performance Measures
OSHA has identified the top four causes of fatalities in construction as: falls, being struck by equipment or machinery, electrocution, and caught-in-between equipment or materials. The overall goal for this Partnership Agreement is to realize, upon completion of the project, reduction of accidents, injuries and illnesses on the project.
This project will encompass all phases of the construction of the new Honeywell Federal Manufacturing & Technologies Plant.
Goals |
Strategies |
Performance Measures |
Achieve a rate of accidents, injuries and illnesses on the project below the most current published BLS National Average for all of construction.
Zero fatalities. |
Implementation of comprehensive safety and health management system for the site |
OSHA injury and illness data-Total Case Incident Rate (TCIR); Days Away, Restricted or Transferred (DART) Rate; Days Away From Work (DAFW) Rate below the most current published BLS National Average for all of construction; Comparison of the actual Workers’ Compensation loss costs to the actuarial predicted total compensation loss payment. |
Developing a contractor/government partnership that will encourage involvement of the owner, construction manager and subcontractors in the improvement of safety and health performance |
Require the contractor and all subcontractors to develop and implement written safety and health management systems (including a fall protection plan) |
Verify by reviewing the number of subcontractors that implemented and/or improved written safety and health management systems |
Implementing innovative strategies to eliminate serious accidents, including the four primary construction hazards (falls, struck-by, caught in, and electrical) |
1. Provide all employees site specific safety orientation; 2. Conduct 10-hour OSHA training courses (see C.2. and C.3. below under Program Implementation of Strategies);
3. Implement and enforce an ongoing site safety audit program (to include weekly site walk through). |
Document the Percent of field employees trained and the training hours received (including orientation and 10 & 30-hour courses); document the number of hazards identified and abated during the safety audits; track all injuries and illnesses |
Provide for worker involvement |
Provide worker involvement in weekly site safety meetings; site safety walkarounds; Activity Hazard Analyses (AHAs) |
Document the number of workers involved in weekly site safety meetings; site safety walkarounds; and AHAs |
Program Implementation of Strategies:
- As a goal, maintain TCI, DART and DAFW Rates below the most currently published BLS national average for all of construction. The goal for fatalities is zero. Measure the actual Workers' Compensation loss costs and compare with the actuarial predicted total compensation loss payment.
- Frequent jobsite inspections utilizing a system developed by the Partnership Members. This system provides comprehensive coverage and documentation over a wide variety of site conditions.
- Ensure employees receive training as follows:
- All employees will receive a site-specific safety orientation from JE Dunn Construction covering jobsite safety and health issues and procedures relative to the work being performed. All employees will attend a safety review meeting with their respective Subcontractor before performing work on the site.
- All field employees performing construction work at this site will be OSHA 10-hour Construction Course trained prior to engaging in any activities at this site.
- All supervisory personnel engaged in construction activities or other personnel serving in the capacity as a competent person shall have completed the OSHA 10 hour course for the construction industry (or its equivalent) prior to commencement of work on-site. Site personnel designated as safety representatives shall, as a minimum, have completed the OSHA 10 hour construction training course (or its equivalent). Full time safety representatives on site shall, as a minimum, have completed the OSHA 30 hour construction training course (or its equivalent). Records of training certification will be maintained and available for review by JE Dunn Construction, State of Missouri personnel and OSHA upon request.
- Other hazard-specific training will be conducted on an as needed basis by the respective contractors.
- Any contractor employing 50 or more employees at any time during the course of work at the HPP site will have a full time safety representative onsite for the entire duration of their work at the project.
- Implement an aggressive Fall Protection Program to include fall protection in all cases where work is being performed six feet or more above a lower surface. This includes any and all iron work and roofing operations.
- Require all subcontractors who have written safety and health programs to submit them to JE Dunn Construction before the start of work. Subcontractors who do not have their own written safety and health plan have the option of adopting the safety and health program of their prime contractor, develop one utilizing services provided by other Partnership Members, or secure the services of an outside consulting firm. This must be completed and submitted to JE Dunn Construction before beginning work on site. All subcontractors shall have an effective safety program in place.
- All workers on the project will be required to wear a reflective vest or high visibility shirt at all times while heavy equipment, skid steer loaders and powered industrial trucks are being used at the jobsite.
- The Kansas City Area OSHA Office may be contacted for clarification on site-related issues.
- Create a working relationship between OSHA and the other Partnership Members.
The overall success of the Partnership will be measured as follows:
- The TCI, DART and DAFW Rates compared to the most current BLS national average for construction, with zero fatalities.
- Measure the actual Workers' Compensation loss costs compared to the actuarial predicted total compensation loss payment of 1.231 million dollars (or alternately a cost of 96 cents per work hour).
- Documented jobsite inspections and total number of hazards identified and corrected.
- Records of training certifications/training rosters will be maintained. Report the total number of people trained. This may include, but not be limited to, OSHA 10 and 30 hour courses as well as other hazard specific training and orientations.
- Evaluate the effectiveness of the Fall Protection Plan.
- Safety and Health Programs will be maintained on file by JE Dunn Construction. Reports are to be made annually concerning the general effectiveness of the safety and health programs and copied to the Kansas City OSHA office for review.
- Annual Evaluation/ Executive Safety Committee
The Partnership will be evaluated quarterly and will include data used to monitor the success of the Partnership efforts. On a quarterly basis, the Executive Safety Committee comprised of JE Dunn Construction project executive and Safety Manager, a Builder's Association representative and a representative(s) from OSHA shall meet and discuss the program and make any modifications as required to continually improve the Partnership. A quarterly non-enforcement walkaround will be conducted as a part of this partnership. Subcontractors will be invited to attend to offer further feedback. A written evaluation will be completed annually and submitted to the Kansas City OSHA Area Office utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002, which attached to this partnership document as Appendix A.
- OSP Benefits/Incentives
The following partnership benefits include:
- In the event that a company performing work at the site is cited by OSHA, a maximum penalty reduction for good faith will be provided, in accordance with CPL 02-00-148, Field Operations Manual (FOM).
- Priority will be given to "phone and fax" investigations of all complaints in lieu of on-site inspections.
- As JE Dunn Construction is also a member of the OSHA and Builders' Association's Build Safe Partnership, the programmed inspection exemption of that Partnership shall be applicable to this project. If at any time during the duration of this project JE Dunn Construction does not qualify for the Build Safe Partnership programmed inspection exemption (i.e. has not had an on-site enforcement verification inspection within the past year) and this project is identified for a programmed inspection under any OSHA programmed inspection targeting systems, such as the University of Tennessee system, then an on-site enforcement verification inspection of the HPP may be conducted. Upon successful completion of an OSHA "on-site enforcement inspection" (meaning no high gravity serious, willful or repeat hazards are cited), the Build Safe Partnership exemption will be satisfied and this as well as other JE Dunn Construction projects will be exempted from programmed OSHA inspections, in accordance with the provisions of that partnership.
- Any apparent non-serious violation observed during an OSHA visit shall not be cited if it is immediately abated.
- This Partnership requires frequent inspections of the worksite by JE Dunn Construction, Subcontractors and other members of the Partnership to identify and correct hazards. It also serves as a model to Subcontractors and others by demonstrating how to implement a strong safety and health program on a large multi-employer jobsite. It also encourages a higher level of participation in the safety process by involving everyone on the jobsite. The knowledge gained from this Partnership will be applied to reduce injuries and illnesses at future work sites.
- OSHA Verification
- OSHA will continue to investigate fatalities and catastrophes should they occur at the jobsite as well as alleged "imminent" danger situations.
- OSHA will continue to investigate all complaints and referrals received in accordance with OSHA Instruction CPL 02-00-140, Complaint Policies and Procedures.
- OSHA will conduct a focused "onsite enforcement verification inspection", should this site be randomly selected by existing OSHA construction scheduling systems such as the University of Tennessee system, where the exemption under the Build Safe Partnership are not currently satisfied. (See Section V. C., above) Note that OSHA will not implement any scheduling of this site for an on-site enforcement verification inspection over and above that which would be experienced by a non-partnership site. These inspections will follow the "Focused Inspection" protocol {Memorandum from James W. Stanley, "Guidance to Compliance Officers for Focused Inspections in the Construction Industry", dated August 22, 1994 (Revision 2 issued September 20, 1995 and incorporated herein)} addressing hazards related to falls, struck by, caught-in, and electrical hazards. Inspections conducted in response to complaints, Local and/or National Emphasis Programs (LEP/NEP), or referrals will qualify as the verification inspection if, in addition to addressing the complaint/LEP/NEP/referral item(s), the compliance officer completes the focused inspection protocol for the worksite.
- OSP Management and Operation
Each Subcontractor and their Subcontractors will designate at least one representative to attend an on-site safety representative meeting. The Safety Manager for JE Dunn will oversee the meeting and all participants will evaluate the progress of the Partnership. The representatives will review the completed and summarized inspections of the site as part of the weekly meeting. Identified hazards and abatement as well as trends will be discussed. OSHA may provide a representative to share current issues in construction risk control and provide input for improvement. Safety representatives will meet the criteria to participate as outlined below:
JE Dunn Construction:
- Implement a comprehensive safety and health program, which includes:
- Management commitment and employee involvement
- Worksite analysis
- Hazard control
- Arrange for training assistance for Subcontractors and their Subcontractors
- Require Subcontractor(s) to implement an appropriate Disciplinary Program
- Refer Subcontractors who have not developed their own safety and health Program to a qualified independent safety consultant.
- Have the authority to enforce safety rules and regulations. This authority will include provisions to hold contractors and employees accountable and, if necessary, take appropriate sanctions to enforce compliance with the established Project safety rules and regulations.
- Require the use of conventional fall protection (i.e. personal fall arrest/restraint systems, safety net systems, or guardrail systems) when performing work that is 6 feet or greater above a lower level. This includes but is not limited to steel erection, roofing, ladder work and scaffold operations, even though it may exceed OSHA requirements. Workers shall be tied off 100% of the time when working closer than one and one-half (1½) times the ladder height to an opening or the edge of the building.
- Where the potential for airborne silica exposure exists, JE Dunn Construction will require the use of wet cutting techniques and/or dust collection systems in addition to the appropriate use of approved respiratory protection where warranted. Personal air monitoring will be conducted by Subcontractors to assess employee exposure levels when required. Where the potential for other health issues such as carbon monoxide, lead, or large-scale use of chemicals in the building interior (such as floor finishing) exists, the Subcontractor will conduct air monitoring to assess employee exposure levels when deemed necessary.
- Ground Fault Circuit Interrupters (GFCI) will be used throughout the project.
- Functioning back up alarms shall be present on all motorized gaters and heavy equipment.
- No loads shall be lifted overhead without clearing the path to delivery.
- OSHA required trench and excavating protection shall be enforced.
- All workers, management and visitors shall wear hardhats at all times when on site.
- Cranes: All Subcontractors shall provide proof of crane operator training.
- Provide a Project Superintendent who will have as part of their job description a responsibility for site safety, to serve as a point of contact and to assist the Safety Manager in overseeing the partnership goals.
- Conduct and document job site inspections at least 1 time per week. These inspections are in addition to the general, non-documented inspections that should occur daily. Provide a copy of the documented inspections of Subcontractors work areas to the Subcontractor working in each respective area.
- Review accident reports weekly with the Safety Representatives including first aid and near miss reports.
- Conduct and retain summary documentation of weekly toolbox talks.
- Evaluate the effectiveness of the Fall Protection Plan, and take corrective action as needed.
- Compile injury and illness data and provide to OSHA.
- Provide signage identifying the site as an OSHA Partnership Project.
- Maintain accident/injury data, Subcontractor EMR data will be made available to OSHA upon request.
- In addition to OSHA's notification requirements, JE Dunn Construction will notify the local OSHA office of safety or health related events, which are likely to generate public attention and/or news media coverage. This notification will be provided in a timely manner and will include sufficient background and incident information for responding to agency and public inquiries.
Subcontractors:
- Appoint an on-site person to act as a safety representative to resolve jobsite safety matters and be the liaison to JE Dunn Construction's Safety Manager.
- Conduct daily non-documented safety inspections of their work area and operations. In addition to daily non-documented inspections, subcontractors will be rotated into participating in the weekly documented inspection completed by JE Dunn Construction. This will allow specific subcontractor employees to participate in the weekly documented inspection process, increasing hazard awareness for not only their work operations but all work operations being performed on site. Findings and abatement of the weekly documented inspections will be communicated to all employees on site.
- Conduct and document jobsite safety meetings and make them available to JE Dunn Construction, all employees on site and OSHA upon request. Jobsite safety meetings will provide all employees with an open forum to discuss safety issues and concerns.
- Participate with JE Dunn Construction at the weekly on-site safety inspections and if non-compliant activity or hazards are discovered, the affected contractor shall promptly abate the conditions and provide written documentation to JE Dunn Construction that the unsafe condition has been corrected. All findings and abatement of conditions will be communicated to all employees on site.
- Will receive a copy of all the jobsite inspections conducted by JE Dunn Construction of their respective areas, and retain for Safety Representative meetings.
- Ensure that its employees receive jobsite safety orientation prior to commencing work on site.
- Subcontractors will be required to submit an Activity Hazard Analysis (AHA) prior to any tasks being performed onsite. Subcontractors are required to review AHAs with their employees prior to start of the work activity, whenever new employees begin work on site, and monthly thereafter. AHAs are considered living documents. When processes or procedures change, AHAs shall reflect any changes to the activities. Field level employees shall be allowed to participate in development and modifications to all AHAs.
- Cooperate and participate in all respects with OSHA's involvement with this project including any required meetings, inspections, training and documentation.
OSHA:
- OSHA may participate in the weekly Safety Representative Meetings and weekly walk around inspections, as need and as resources permit. The KCAO OSHA Compliance Assistance Specialist will at a minimum participate in the meeting and walk around inspections on a quarterly basis.
- OSHA Compliance Assistance Personnel from the Kansas City Area Office may assist with on and off-site safety and health training.
- OSHA will give priority to the site when technical assistance is needed.
- OSHA will audit the quarterly reports and make recommendations for improvement in meeting the Partnership goals.
- OSHA will participate in the review of Partnership company safety and health programs, with Subcontractors as necessary, and provide technical assistance and recommendations for improvement.
- OSHA will provide national statistics covering all areas of standards enforcement for distribution to the Partners.
The Builders' Association:
- The Builders' Association, whose members include JE Dunn Construction, will provide assistance and coordination efforts to the project as resources allow.
- The Director of Safety Services, or his designated representative, will attend JE Dunn's quarterly safety audit meetings.
Missouri Onsite Safety & Health Consultation Program:
- Priority Consultation service and assistance for small employers working on the Honeywell construction site will be provided by the Missouri On-site Safety & Health Consultation program.
- Employee and Employer Rights and 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 the Act.
- Term of OSP
This agreement shall be in effect until completion of the site construction activities, except that the power of termination, on the condition of thirty (30) days prior written notice to the other party, is expressly reserved to either or both of the principal participants, OSHA and JE Dunn Construction.
Should either of the principal participants (OSHA or JE Dunn Construction) elect to withdraw from participation in the Partnership prior notification in writing of the intent to terminate shall be given to the other Party. A thirty (30) day written notice is required prior to termination, during which the parties have an opportunity to resolve any issues to avoid termination. Termination by either Party shall constitute a cancellation of the Partnership. In the event of a termination, each party agrees that it shall not, directly or indirectly, contact the media regarding the termination; and it shall not discuss with the media any issues or matters regarding the termination. OSHA and JE Dunn Construction are the only entities that can terminate this Partnership
United States Department of Labor
Occupational Safety & Health
Administration
Based upon a mutual interest to protect construction workers
in the Bi-State area, the parties below agree to the above terms
on the JE Dunn Construction / OSHA Partnering Agreement
for the Honeywell Plant Project.
Signed this 30th day of September, 2010.
Principal Participants:
Barbara Theriot
Area Director
OSHA/Kansas City Area Office |
Mike Householder
Senior Vice President
J.E. Dunn Construction
|
Phil Shoemaker
Safety & Health Services Director
The Builders' Association
|
David Hulse
Regional Safety Director
J.E. Dunn Construction |
Daniel A. Stark, CIH
Program Manager
Missouri Onsite Safety & Health Consultation Program |
Appendix A-OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
Cover Sheet
Purpose of Partnership |
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Goals of Partnership |
Goal |
Strategy |
Measure |
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Anticipated Outcomes |
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Strategic Management Plan Target Areas (check one) |
Construction |
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Manufacturing Amputations |
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Non-Construction |
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Strategic Management Plan Areas of Emphasis (check all applicable) |
Amputations in Construction |
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Oil and Gas Field Services |
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Blast Furnaces and Basic Steel Products |
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Preserve Fruits and Vegetables |
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Blood Lead Levels |
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Public Warehousing and Storage |
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Concrete, Gypsum and Plaster Products |
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Ship/Boat Building and Repair |
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Ergo/Musculoskeletal |
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Silica-Related Disease |
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Landscaping/Horticultural Services |
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Section 1 General Partnership Information
Date of Evaluation Report |
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Evaluation Period |
Start Date |
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End Date |
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Evaluation Contact Person |
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Originating Office |
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Partnership Coverage |
# Active Employers |
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# Active Employees |
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Industry Coverage (note range or specific SIC and NAICS for each partner ) |
Partner |
SIC |
NAICS |
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Section 2 Activities Performed
Note whether an activity was required by the OSP and whether it was performed |
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Required |
Performed |
a. Training |
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b. Consultation Visits |
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- Safety and Health Management Systems
Reviewed/Developed |
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d. Technical Assistance |
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e. VPP-Focused Activities |
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f. OSHA Enforcement Inspections |
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g. Offsite Verifications |
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h. Onsite Non-Enforcement Interactions |
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i. Participant Self-Inspections |
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j. Other Activities |
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2a. Training (if performed, provide the following totals) |
Training sessions conducted by OSHA staff |
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Training sessions conducted by non-OSHA staff |
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Employees trained |
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Training hours provided to employees |
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Supervisors/managers trained |
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Training hours provided to supervisors/managers |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2b. Consultation Visits (if performed, provide the following total) |
Consultation visits to partner sites |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2c. Safety and Health Management Systems (if performed, provide the
following total) |
Systems implemented or improved using the 1989 Guidelines as a model |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2d. Technical Assistance (if performed, note type and by whom) |
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Provided by OSHA Staff |
Provided by Partners |
Provided by Other Party |
Conference/Seminar Participation |
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Interpretation/Explanation of Standards or OSHA Policy |
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Abatement Assistance |
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Speeches |
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Other (specify) |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2e. VPP-Focused Activities (if performed, provide the following totals) |
Partners/participants actively seeking VPP participation |
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Applications submitted |
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VPP participants |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2f. OSHA Enforcement Activity (if performed, provide the following totals for
any programmed, unprogrammed, and verification-related inspections) |
OSHA enforcement inspections conducted |
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OSHA enforcement inspections in compliance |
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OSHA enforcement inspections with violations cited |
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Average number of citations classified as Serious, Repeat, and Willful |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2g. Offsite Verification (if performed provide the following total) |
Offsite verifications performed |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2h. Onsite Non-Enforcement Verification (if performed provide the following total) |
Onsite non-enforcement verifications performed |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2i. Participant Self-Inspections (if performed provide the following totals) |
Self-inspections performed |
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Hazards and/or violations identified and corrected/abated |
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Comments/Explanations (briefly describe activities, or explain if activity required but not performed) |
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2j. Other Activities (briefly describe other activities performed) |
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Section 3 - Illness and Injury Information
Year |
Hours |
Total Cases |
TCIR |
# of Days Away from Work Restricted and Transferred Activity Cases |
DART |
2010 |
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2011 |
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2012 |
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Total |
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Three-Year Rate (2010-2012) |
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Current BLS National Average for NAICS 23 |
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Baseline |
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Section - Partnership Plans, Benefits, and Recommendations
Changes and Challenges (check all applicable) |
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Changes |
Challenges |
Management Structure |
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Participants |
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Data Collection |
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Employee Involvement |
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OSHA Enforcement Inspections |
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Partnership Outreach |
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Training |
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Other (specify) |
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Comments |
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Plans to Improve (check all applicable) |
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Improvements |
N/A |
Meet more often |
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Improve data collection |
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Conduct more training |
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Change goals |
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Comments |
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Partnership Benefits (check all applicable) |
Increased safety and health awareness |
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Improved relationship with OSHA |
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Improved relationship with employers |
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Improved relationship with employees or unions |
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Increased number of participants |
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Other (specify) |
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Comments |
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Status Recommendation (check one) |
Partnership Completed |
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Continue/Renew |
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Continue with the following provisions: |
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Terminate (provide explanation) |
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