2007 PARTNERSHIP AGREEMENT
OSHA, UAW INTERNATIONAL UNION,
THE FORD MOTOR COMPANY, and ACH-LLC
The partners to this agreement include the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA); the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); the Ford Motor Company and ACH-LLC. This agreement covers all Ford Motor Company and ACH-LLC locations as described in Appendix A.
The Ford Motor Company, ACH-LLC and OSHA recognize that certain Ford Motor Company facilities are located in States which have assumed authority for the enforcement of OSHA standards pursuant to Section 18 of the Occupational Safety and Health Act. The Ford Motor Company intends to pursue similar agreements with State OSHA Plans.
The partners agree to construct a partnership based on mutual respect and trust that leverages the resources of all the parties through the systematic anticipation, identification, evaluation and control of health and safety hazards at Ford and ACH-LLC locations thereby continuously reducing worker injury and illnesses.
The primary goal of this partnership is to reduce injuries and illnesses year-over-year from baseline OSHA log summary data at each Ford and ACH-LLC location through the creation of a pro-active health and safety culture and a cooperative non-adversarial relationship that optimizes the resources of all parties. Performance metrics used to monitor and track health and safety process performance shall include TCIR, DART, and LTCR.
An annual evaluation will be developed by OSHA on or about the anniversary date of the Partnership signing. The evaluation will address trends noted in the injury and illness data based on a calendar year. Among the information included in the evaluation will be an analysis of the internal audit results, noise control and hearing conservation efforts, and information from each site's verification report. The evaluation will be consistent with the latest annual partnership evaluation format provided in Appendix C of the OSPP Directive, CSP 03-02-002.
- Benefits will include inspection protocols (focused inspections) and the diminished probability of wall-to-wall inspections under OSHA targeting programs. The inspection protocols will result in shorter more focused inspections. Inspection protocols address top causal factors of injuries and illnesses.
- Also, in addition, provided that the Ford or ACH-LLC facility is following the Ford and ACH-LLC programs and joint processes, OSHA agrees to maximum penalty reductions based on the agency's policies for good-faith reductions for effective safety and health programs. When calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the reductions provided in the FIRM where the employer, in implementing the OSP, has taken specific significant steps beyond those provided in the FIRM to implement the Act and achieve a high level of employee protection (see FIRM, Chapter IV.C.2.i.5 [b]). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where a partner's total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply (see FIRM, Chapter IV.C.2.b).
Annually, each participating site will receive an onsite, non-enforcement verification visit, hereafter referred to as an “OSHA Day.” The date of the OSHA Day will be determined by the corresponding OSHA Area Office in conjunction with the site. Sites will provide a predetermined OSHA Day Information Package, which includes their OSHA 300 log and SHARP information for the previous year, to the appropriate OSHA Area Office at least two weeks prior to the scheduled OSHA Day. OSHA will review this information prior to the OSHA Day.
OSHA Day Meeting
Each Ford and ACH-LLC location covered by this agreement (see Appendix A) will conduct an annual OSHA Day meeting where the local OSHA Area Director will be invited to the location and briefed by the Plant Manager, the Union Chairperson and their leadership team. The briefing will include a review of the injury and illness experience for the past year and any developing trends as compiled by OHSIM. The briefing will also include a review of the results of the continuous internal comprehensive inspections conducted by the Plant Safety Engineer and the Unit Health and Safety Representative and the corrective actions taken. Additionally, the briefing will include the results of the Safety and Health Assessment Review Process (SHARP) conducted since the last OSHA Day meeting and the corrective actions taken. The written materials from the OSHA Day meeting will be given to the OSHA Area Director for analysis.
During the OSHA Day, OSHA will also be afforded the opportunity to conduct an informal walk-through of the facility. The purpose of the walkthrough is to verify that the information presented in the OSHA Day briefing is an accurate portrayal of what is occurring within the facility. If observable conditions and program implementation are not consistent with the information provided at the OSHA Day meeting, a focused inspection could be initiated and expanded to a traditional inspection with the approval of the Area Director. During the visit, if OSHA personnel identify serious hazards that site management refuses to correct, OSHA should make a referral for an enforcement inspection.
OSHA may return at a later date for a two-day monitoring visit of up to fifty percent of the plants. These monitoring visits are enforcement visits, and as such citations may be issued at that time. The OSHA National Office will be notified when a monitoring visit is scheduled. The OSHA members of the steering committee will coordinate the monitoring visits. Monitoring visits will be based upon, among other factors, the availability of OSHA resources, whether the LWDII of the facility exceeds eight, and specific areas OSHA may want to review.
It is understood that items identified as opportunities for improvement by OSHA will be prioritized for action, with timing milestones as determined by good health and safety practice and by joint agreement of Ford, ACH-LLC, UAW-Ford and UAW-ACH-LLC Health and Safety Professionals. If these tenets are adhered to, OSHA will not use this information as justification for Willful violations. In general, items identified by Ford, and ACH-LLC and the UAW or OSHA will be abated immediately, where practicable, and will not result in OSHA citations.
Inspection protocols will be based on the annual analysis of U.S. injury and illness experience from the OHSIM System and from similar analyses provided OSHA for the location selected for inspection. In general, the protocol will include an investigation of hazards or issues covered under Joint Programs developed by the NJCHS. See Appendix B for a list. Protocols may be added/removed via steering committee consensus without making modifications to this agreement.
Management and Operation of Partnership
A steering committee will be designated consisting of members from Ford, ACH-LLC the UAW, and OSHA. OSHA steering committee representatives will consist of representatives from Enforcement Programs, Cooperative and State Programs, OSHA Region V, and from any State Plan States who sign similar agreements with the partners. The purpose of the steering committee will be to develop an implementation plan, review data and reports, and to meet as appropriate to resolve any issues that arise during the course of this partnership. The steering committee will also be involved in the coordination of site visits and monitoring inspections.
Ford/UAW and ACH-LLC/UAW
- Ford and ACH-LLC will provide a complete OSHA Day information packet to the appropriate Area Office 2 weeks prior to the scheduled OSHA Day.
- Ford and ACH-LLC agrees to facilitate the inspection process by providing OSHA compliance officers access to the plant injury and illness reports related to the protocols.
- A Corporate annual report for Ford and ACH-LLC will be developed and presented at an annual national meeting between the parties. The report will address trends noted through data analysis. Among the information included in the annual review will be an analysis of the internal audit results, noise control and hearing conservation efforts and information from each site's verification report. This report should additionally discuss progress towards meeting the partnership goals.
- OSHA will continue to make maximum use of inquiry letters, phone and fax procedures for minor investigations.
- OSHA inspections to investigate employee complaints, serious injuries or fatalities, and National or Local emphasis programs are not precluded by this agreement.
- Ford and ACH-LLC plants selected for General Schedule inspections from the OSHA Site-Specific Targeting (SST) list will receive a focused inspection. The focused inspection will include an evaluation of the inspection protocols listed in the agreement.
- The OSHA compliance officer will review the required record keeping information, conduct a walk through inspection, and interview workers in accordance with OSHA inspection procedures.
- OSHA will complete and submit an OSHA Day Report within 3 weeks of the annual OSHA Day for each site participating in the partnership to OSHA's National Office. This report will be shared with UAW, Ford and ACH-LLC. The OSHA Day report template can be found in Appendix C of this document.
Employee and Employer Rights
This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.
Employee awareness and involvement will be facilitated through the contractual processes developed by Ford, ACH-LLC and the UAW. These include the National Joint Committee on Health and Safety (NJCHS); Unit UAW Health and Safety Representatives; Local Ergonomics Committees; Plant Safety Process Review Boards, and local Area Safety Teams; Plant Noise and Hearing Conservation Committees; and Division Incident Investigation and Review Boards. The parties also agree to consider other processes as needs present themselves.
Term of Partnership
This agreement will terminate on November 14, 2009. The partnership will end with respect to the ACH-LLC facilities upon the sale or closure of the facility. If any 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 signatories.
If OSHA chooses to withdraw its participation in the partnership, the entire agreement is terminated. Any signatory may also propose modification or amendment of the agreement.
2007 PARTNERSHIP AGREEMENT BETWEEN OSHA, UAW INTERNATIONAL
UNION, THE FORD MOTOR COMPANY AND ACH-LLC
FOR FORD MOTOR COMPANY
- Joseph Hinrichs
- Vice President
- North American Manufacturing Operations
- Greg Stone
- Director, Occupational Health and Safety
- Chris Petersen
- Company Co-chair
- National Joint Committee on Health and Safety
- Al Ver
- Chief Executive and Operations Officer
FOR U.S. DEPARTMENT OF LABOR (OSHA)
- Edwin G. Foulke, Jr.
- Assistant Secretary of Labor for Occupational Health and Safety
FOR UNITED AUTOMOBILE
- Joe Gafa
- Assistant Director
- UAW-Ford National Ford Department
- Dave Pickett
- UAW-Ford Co-chair, National Joint Committee on Health and Safety
- Tim McClain
- UAW Director of Education, Health and Safety
VISTEON CORPORATION LOCATIONS
Chicago Assembly Plant Chicago, Illinois
Chicago Stamping Plant Chicago, Illinois
Kansas City Assembly Plant Kansas City, Missouri
Buffalo Stamping Plant Hamburg, New York
Cleveland Casting Plant Brook Park, Ohio
Cleveland Engine Plant 1 Brook Park, Ohio
Cleveland Engine Plant 2 Brook Park, Ohio
Lima Engine Plant Lima, Ohio
Ohio Assembly Plant Avon lake, Ohio
Sharonville Transmission Plant Sharonville, Ohio
Walton Hills Stamping Plant Walton Hills, Ohio
Batavia Transmission Batavia, Ohio
* ACH-LLC LOCATIONS
Sandusky Plastics Plant Sandusky, Ohio
Tulsa Glass Plant Tulsa, Oklahoma
*Note: OSHA and ACH-LLC recognize and agree that the terms, conditions and obligations associated with this partnership agreement shall expire in the event of and immediately upon divestiture of the Sandusky Plastics and/or Tulsa Glass Plants from ACH-LLC.
- Energy Control and Power Lock Out (ECPL)
- Confined Space Entry
- Hearing Conservation and Noise Control
- Lifting and Rigging
- Machine/Equipment Guarding
- Heat Stress
- Personal Protective Equipment (PPE)
- Chemical Safety Training (Hazard Communication)
- Powered Material Handling Vehicles (PMHV)
- Maintenance Vehicles
- Working at Heights
- Electrical Safety
- Emergency Preparedness
Protocols may be added/removed via steering committee consensus without making modifications to this agreement.
OSHA DAY REPORT TEMPLATE
- Plant Name/Location:
- Key Participants:
- Observations from Walk-Around:
- Top 3 Opportunities for Improvement (Please include a follow-up date for each "Opportunity" to check on progress/resolution)
- Best Practices Observed:
- Injury and Illness Trends Recordable Rates [Last Five Years]
(NOTE: See discussion of injury & illness statistics in section 8 of this report.)
YEAR Hours Total Recordable Injuries and Illnesses TCIR Total cases with Days Away from Work LTCR Total Cases with Days Away from Work or Restricted Activity DART 2007* 2006 2005 2004 2003
*Year to date
- Discussion of Injury and Illness Trends:
- Outstanding/Overdue Items from Previous SHARP:
- SHARP Trends:
- Discussion of SHARP Trends:
- Monitoring Visit Recommended? Yes No
Protocol issue: _____________________________________
Record-keeping issue: _______________________________
Other Compliance issue: _____________________________
Employee Interview Results: __________________________
- Other Comments:
* TBD pending SHARP process revisions