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FLORIDA STRATEGIC PARTNERSHIP AGREEMENT
BETWEEN
FT. LAUDERDALE, TAMPA AND JACKSONVILLE
AREA OFFICES
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
U.S. DEPARTMENT OF LABOR
AND
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
SOUTH FLORIDA CHAPTER

  1. Background and Identification of Partners
    1. Background

      The Associated General Contractors of America (AGC) South Florida Chapter and the three area offices of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) mutually recognize the importance of providing a safe and healthful work environment for employees engaged in the construction industry. A strategic partnership agreement between AGC South Florida Chapter and OSHA originally entered into an agreement on April 6, 2005. AGC South Florida Chapter and OSHA have agreed to continue their cooperative Partnership focused on the construction industry throughout Florida.

      This Partnership is designed to address the hazards within the construction industry, and to promote and recognize jobsites controlled and managed by partners that join the Partnership who have demonstrated an effective safety and health management system (SHMS). The Partnership agreement will serve to establish a cooperative effort in ensuring a safe worksite and maintaining an open line of communication between OSHA, AGC, and the contractors that choose to join. The Partnership is consistent with OSHA's efforts to better use their resources, encourage safety management systems, and increase participation by construction contractors to utilize safety processes.

    2. Partners
      1. OSHA (Fort Lauderdale, Tampa, and Jacksonville OSHA Area Offices)
      2. AGC South Florida Chapter
      3. Member contractors and associate specialty contractors

  2. Purpose and Scope

    The common objective and goals of the Partnership are to provide a safe and healthful environment for workers involved in the construction industry while reducing injuries and illnesses. These goals will be accomplished through increased safety and health training, implementation of best work practices, increase in the number of employers with an effective SHMS.

    By combining their efforts, skills, knowledge and resources, OSHA and the AGC expects to reduce exposure to hazards and thereby decrease the possibility of serious injuries, illnesses and fatalities at participating job sites.

  3. Goals, Strategies and Performance Measures

    The primary objective of this partnership is to create a working relationship that focuses on preventing fatalities, controlling or eliminating serious hazards, and establishing a foundation for the development of effective safety and health management systems.

    This table is best viewed on tablets, notebooks, or desktop computer screens.

    GOAL

    STRATEGIES

    MEASURES

    Reduce the total number of injuries and illnesses cases by 3 percent, thereby providing a safe and healthful work environment for employees at the Project.
    1. Reviewing the OSHA 300 data of the partnership participants.
    2. Calculating the employer's TCIR and Days away from work, restricted, or job transferred (DART)1 rates.
    3. Comparing this data with the baseline rates for the agreement.
    1. This goal will be measured by the number of companies participating in the partnership, which reduce their TCIR and DART rates below the baseline for the partnership.
    2. Baseline will be based on the current BLS data for the industry.
    Effectively control workplace hazards by mentoring and increasing the number of construction companies with safety and health management systems. Methods to evaluate the partner's performance in this area will include the implementation of comprehensive safety and health management systems, employers that establish effective safety and health management systems Measure the number of participants that develop and implement effective safety and health management systems as a result of participating in the partnership, compared to the baseline for the agreement. The baseline will be established during the initial year of the agreement.
    Increase the number of employees, employers and supervisors that are provided effective safety and health training, such as the OSHA 30-hour course.
    1. Evaluation of the employers that establish effective safety and health training programs.
    2. Evaluation of the employers that provide employees with OSHA 30-hour training.
    1. Measure the number of employers with effective safety and health training programs.
    2. Measure the number of managers, supervisors and employees provide with OSHA 30-hour training, compared to the baseline for the agreement. The baseline will be established during the initial year of the agreement.
    Continually improve safety and health at the worksite by ensuring that best practices are shared with all subcontractors.
    1. OSHA will evaluate the number of inspections and types of violations issued to partnership members.
    2. AGC South Florida Chapter will continuously monitor worksites by conducting audits identifying and correcting serious hazards.
    Measured by monitoring the number of participants that experience OSHA enforcement inspections, which result in citations with penalties. A comparison will be made between the number of previous OSHA inspections and hazards identified.

    1Days Away from work, Restricted, or job Transferred (DART) rate: This includes cases involving days away from work, restricted work activity, and transfers to another job. It is calculated based on (N / EH) x (200,000) where N is the number of cases involving days away, and/or restricted work activity, and/or job transfer; EH is the total number of hours worked by all employees during the calendar year; and 200,000 is the base number of hours worked for 100 full-time equivalent employees. For example: Employees of an establishment including management, temporary, and leased workers worked 645,089 hours at this worksite. There were 22 injury and illness cases involving days away and/or restricted work activity and/or job transfer from the OSHA 300 Log (total of column H plus column I). The DART rate would be (22 / 645,089) x (200,000) = 6.8

  4. Management and Operation
    1. The AGC South Florida Safety Committee will establish a Strategic Partnership Committee (SPC). The SPC will consist of representatives from the current employers participating in the Partnership. The SPC is responsible for informing contractors, who have successfully completed the application process, that they are eligible for participation in the Partnership. However, the benefits of Partnership participation are not transferable to subcontractors, who are not Partnership participants. The AGC South Florida Chapter will ensure that OSHA is aware of these qualified contractors and updated on the progress of the partnership by coordinating with each of the Area Offices. This coordination should be conducted on at least a monthly basis by face-to-face meetings or telephonic contact.

      The AGC South Florida Chapter will be responsible for:

      1. Maintaining a list of the qualified participants and the level that they have achieved. This information will be provided to OSHA upon request and at least annually for all Partnership participants.
      2. Collecting from participants the data listed under the heading "Performance Measures" in this agreement, and providing the information to OSHA.
      3. Administering the application process for contractors that wish to participate.
      4. Auditing participant worksites to ensure compliance with OSHA regulations and this Partnership Agreement.

      This Partnership requires information to be collected and analyzed. The system used to complete this effort meets the Government Performance and Results Act (GPRA) requirements for activity, intermediate, and outcome measures.

    2. PARTNERSHIP TIERS: RED, WHITE AND BLUE
      1. The Partnership will be implemented in three levels: RED, WHITE and BLUE.
      2. Applications may be submitted at anytime throughout the year and new applicants will:

        Complete the two-part Partnership application

        1. The first part of the application will request data from the summary of the contractor's OSHA 300 log. The second part of the application will be a self-audit evaluation checklist (see Appendix A), which will require applicants to answer a series of questions related to their safety program.
        2. The SPC will administer the self-audit evaluation for the Partnership. The SPC will either approve or reject Partnership applications. OSHA will serve in an advisory capacity to the South Florida AGC Chapter Safety Committee.
        3. The Partnership has three award levels. Entry into the RED, WHITE or BLUE Levels are based on answering "yes" to all of the questions on the self-audit evaluation administered by SPC. In order to determine the contractor's level of eligibility, the contractor must provide the SPC with evidence of conformance with each requirement for each level.
        4. The SPC will inform the South Florida AGC contractors who have successfully completed the application process and are eligible to participate in the Partnership Program.
        5. The Blue Level status will be open to those companies whose achievements in the area of worksite health and safety are outstanding. Acceptance into the BLUE Level will require additional validation of safety and health program effectiveness through an onsite qualifying verification inspection. The SPC will conduct the qualifying inspection on at least one active job site.
        6. Contractors who are accepted into the Partnership will receive benefits from OSHA as outlined in this agreement.
      3. RED: Applicants seeking RED status must meet the following requirements:
        1. Conduct weekly employee safety meetings.
        2. Develop and implement a written safety and health program and training program, which address at a minimum the four leading causes of death on construction sites: falls, struck-by, caught-in/between and electrocution. Where necessary, the safety and health management system needs to address procedures for working around machinery and vehicles, lead, silica, noise exposure, hazard communication and respiratory protection. Training shall be presented in a manner such as, but not limited to, traditional classroom training, tool box talks, written tests, observations, or through discussions in which non-English speaking employees will understand the system's content.
        3. Conduct and document self-audits.
        4. Fall Protection: 100% fall protection will be required for all employees working six feet or greater above the next lower level. This includes scaffolding, masonry and steel erection work.
        5. Promote and nurture employee involvement in day-to-day implementation of their safety and health program. Examples of such activities would be to have employees participate in conducting weekly safety meetings, accident investigations, hazard recognition activities and safety and health committee activities.
        6. On unionized work sites, all effected unions must be involved with the program. Participating contractors along with the South Florida AGC Chapter will solicit union organizations for signatory participation or written endorsement of the Partnership.
      4. WHITE: Applicants seeking WHITE status must meet the requirements of RED status in addition to the following:
        1. Implement a comprehensive written safety and health program based on the ANSI A10.38-1991 Guidelines or OSHA's 1989 Safety and Health Program Management Guidelines.
        2. Assign at least one experienced employee with responsibility for employee safety to administer the participant's safety and health management system, and to conduct and document safety and health inspections of ongoing work.
        3. Conduct safety orientations for all new employees in the safety and health management system of the company, and show evidence of effective employee training for avoidance of hazards specific to the contractor's worksite(s).
        4. Provide evidence of employee involvement in the safety and health management systems; for example, participation in self-audits, site inspections, job hazard analyses, safety and health management system reviews, safety training, and mishap investigations.
        5. Develop and maintain a Substance Abuse Program.
        6. Provide all field construction supervisory personnel with training equivalent to the OSHA 10-Hour Construction Outreach Course.
        7. Maintain a total case injury/illness incidence rate that is 10% less than the most current Bureau of Labor Statistics National Rate for the specific NAICS (North American Industry Classification System) assigned to a the contractor.
      5. BLUE: Applicants seeking Blue Level status must also meet the requirements of the Red Level and White Level in addition to the following requirements:
        1. Applicants achieving Blue Level status agree to serve as mentors for contractors on projects who have yet to attain the same level of recognition within the Partnership. Blue Level participant companies will agree to maintain a copy of the specialty contractors' safety and health plans, hazard communication plans, and fall protection plans, or the Blue Level participants may require all specialty contractors to follow their programs.
        2. Assign a minimum of one employee who will administer the firm's safety and health management system. This person must have experience in one of the following: five (5) years experience in the field of construction safety and health; current OSHA OTI (OSHA Training Institute) 500 Certification; BS or BA Degree in the field of safety and health from an accredited university or college; hold a professional designation such as CHST (Construction Health and Safety Technologist), CSP (Certified Safety Professional) or CIH (Certified Industrial Hygienist).
        3. Ensure designated safety personnel conduct documented safety and health inspections of all work on their project(s). Personnel, through training and experience, must be able to recognize hazards and will have the authority to take prompt corrective action. Training curriculum equivalent to the OSHA 30-Hour Construction Outreach Course will be deemed to be satisfactory.
        4. Train all field construction supervisory personnel. In addition to the OSHA 30-Hour Construction Outreach Course, additional training shall be provided for competent persons in such areas as scaffolding, excavation, fall protection, etc. (This additional training will be predicated by the type and scope of work the applicant routinely conducts).
        5. Provide evidence of employee involvement in all levels of the safety and health management system, such as self-audits, site inspections, job hazard analyses, safety and health program reviews, safety training and mishap investigations.
        6. Receive a qualifying inspection of at least one representative worksite by the SPC or the South Florida AGC Chapter's designated representatives.
        7. Have no willful violations in the last five years.
        8. Have no repeated serious violations in the last five years; and have no fatalities or catastrophes within the last five years that resulted in serious or willful citations related to the incident.

  5. OSHA will:
    1. Participate to the extent resources permit, in the monthly Partnership Committee/Subcontractor meetings,
    2. Serve as a resource and liaison for partnership participants and also assist with safety and health training, as resources permit.
    3. Give priority to the construction project, as resources permit, when technical assistance is needed.
    4. Conduct inspections in accordance with section VIII of this Partnership.
    5. Conduct the annual partnership evaluation report in accordance with section VI of this Partnership.

  6. Annual Evaluation

    The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format as specified in Appendix C of OSHA Instruction CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health.

    It will be the responsibility of AGC South Florida to gather required participant data to evaluate and track the overall results and success of the partnership program. This data will be shared with OSHA. It will be the responsibility of OSHA to write and submit the annual evaluation.

  7. Benefits

    Implementation of this Partnership Agreement is expected to result in decreased serious injuries, illnesses, and fatalities for participating contractors, and improvement of existing safety and health programs. This agreement provides for benefits to construction contractors that voluntarily participate in the partnership program and implement effective safety and health management systems (SHMS). This agreement will not in any way affect employees' ability to exercise rights under the OSH Act and OSHA regulations, including walk-around rights. Additionally, upon acceptance as a partnership participant, OSHA will provide certain benefits to participants.

    1. RED PARTICIPANTS:
      1. OSHA will not issue citations for other-than-serious violations, provided that the hazards are abated at the time of the inspection.
    2. WHITE PARTICIPANTS:
      1. OSHA will not issue citations for other-than-serious violations, provided that the hazards are abated at the time of the inspection.
      2. Will be given special recognition from OSHA and AGC South Florida Chapter designating the contractor as a participant in the Partnership.
      3. Maximum penalty reduction allowed in the OSHA Field Operations Manual (FOM) for good faith and history.
    3. BLUE PARTICIPANTS: Upon the completion of a successful OSHA onsite verification inspection, OSHA will provide the following benefits:
      1. OSHA will not issue citations for other-than-serious violations provided violations are abated at the time of the inspection.
      2. Will be given special recognition from OSHA and AGC South Florida Chapter designating the contractor as a participant in the Partnership.
      3. Maximum penalty reduction allowed in the OSHA Field Operations Manual (FOM) for good faith and history.
      4. If a serious or imminent danger condition is observed by enforcement personnel, the partner may be inspected and could be cited (per OSHA Agency policy).
      5. OSHA Offices will maximize the use of the phone & fax as a means of investigating complaints in lieu of onsite inspections. When an inspection of a complaint is deemed necessary, a copy of the complaint will be provided to the participant's Safety Director or other designated company representative at the time of inspection.
      6. Blue Level participants with multiple job sites throughout Florida will provide the SPC with a complete listing of the participant's active work sites. The SPC will review this information and forward it to OSHA (meaning all three Area Offices). The OSHA will use the listing to establish inspection tracking procedures.

  8. Onsite Enforcement Verification and OSHA Inspections
    1. Complaint/Referral Inspections
      1. This Partnership provides for the immediate response to each allegation of a safety or health hazard brought to its attention by any person. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard.
      2. The use of Quick Fix protocols will be used for non-serious violations as an enforcement benefit. OSHA agrees that a copy of each non-formal complaint/referral related to a work site covered by this agreement will be forwarded by fax, to the South Florida AGC Chapter if an on-site inspection is not to be done. Non-serious violations observed during a complaint/referral inspection will not be cited if corrected immediately. In accordance with applicable law, the name of a complainant requesting confidentiality will not be revealed.
    2. Accident Inspections

      Employers engaged in this Partnership recognize that OSHA fully investigates accidents involving a death or the hospitalization of three or more employees. If during the course of the inspection, OSHA determines that the incident resulted from the violation of OSHA standards, the employer will not be afforded partnership benefits.

    3. Verification - nsite Enforcement Inspections
      1. Once the SPC has reviewed an accepted a participant's Blue Level application into the partnership and annually thereafter, the SPC will advise OSHA (meaning all three Area Offices) of the number and locations of all active Blue Level participant worksites, within their jurisdiction. OSHA will then have 90 days to complete their onsite verification inspections.
      2. OSHA will conduct one onsite enforcement verification inspection per BLUE Level participant. Once OSHA selects a jobsite for their onsite enforcement verification inspection and has made entry onto the site, the South Florida AGC Safety Committee Chairperson or designee will be notified by the inspected partner(s) and may elect to participate during the onsite enforcement verification inspection. OSHA will conduct a minimum of one onsite enforcement verification each year, per BLUE level participant, to offer the BLUE Level partners a 12-month deletion from the OSHA programmed inspection list, for all of the partner's worksites located within Florida. This exemption will be valid for one year from the date of the last enforcement verification inspection closing conference. The onsite enforcement verification inspection will be conducted as a focused inspection, per the appropriate OSHA guidelines.
      3. During onsite enforcement verification inspections, OSHA may issue citations and penalties. Onsite enforcement verification inspections are performed in accordance with the applicable sections of the FOM and other enforcement guidance documents. In addition to assessing compliance with OSHA standards, the inspector should assess the participant's progress in meeting the requirements of the OSP agreement and implementing an effective safety and health management system. An effective safety and health management system will satisfy the requirements of 29 CFR 1926.20 and 29 CFR 1926.21. Participants may refer to the 1989 OSHA Safety and Health Program Management Guidelines; Issuance of Voluntary Guidelines, Federal Register Notice 54:3904-3916 for guidance.
      4. OSHA will recognize that conflicts can arise when specialty contractors successfully advance to the BLUE Level of the Partnership and their work is being conducted on a contractor's worksite that is currently a member of this Partnership. For this reason, OSHA will conduct their onsite verification inspection of the specialty contactor to coincide with the onsite verification inspection of the General Contractor when both contractors are working on the same worksite. When these conditions doesn't exist, onsite verification inspections of a specialty contractor's worksite will only concentrate on the specialty contractor's direct work area after first meeting with the general contractor of that worksite.
      5. Following the completion of the onsite enforcement verification inspection required under this section, all of the Blue Level participants' worksites within the geographical boundaries of Florida will be granted a 12-month deletion from the OSHA programmed inspection list.

  9. Employee/ Employer Rights and Responsibilities

    This Partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, nor does it abrogates any responsibility to comply with rules and regulations adopted pursuant to the Act.

    Employers are encouraged to implement an Employee Safety Committee, tasked with reviewing jobsite inspections, near miss reports, accident reports, as well as other aspects of the site SHMS.

  10. Termination
    1. This Partnership will have an initial term of three years and may be renewed if all signatory parties concur.
    2. Any signatory party to the Partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner.
    3. If OSHA chooses to withdraw its participation in the Partnership, the entire agreement is terminated. Any party may also propose modification or amendment to the agreement. Any modifications to the agreement must receive the concurrence of both parties to the agreement.
    4. A contractor's participation will be terminated by the South Florida AGC Chapter, and OSHA will be informed if the circumstances described paragraphs a. and/or b. below occurs. The notification will be in writing to the contractor, and the contractor will have 30 days to appeal the decision before the SPC:
      1. An inspection by the South Florida AGC Chapter or OSHA reveals a significant deviation from program criteria established in the self audit evaluation form.
      2. The contractor has falsified information on the application or supporting records.
    5. A contractor's participation will be terminated by OSHA if the employer has been identified by the OSHA Regional Administrator as a company that will need to be inspected in accordance with OSHA Instruction CPL 02-00-149, Severe Violator Enforcement Program (SVEP). OSHA will notify the contractor and the AGC South Florida Chapter in writing of this determination.
    6. In the event that a participating contractor in the Florida Strategic Partnership receives a citation(s) as the result of a fatality or a serious accident involving the hospitalization of three or more of their employees, the OSHA Area Director will notify the South Florida AGC Safety Committee Chairperson in writing when citation(s) have been issued to a Strategic Partner. The South Florida AGC Safety Committee Chairperson will then notify the participating Strategic Partner in writing that the contractor will be suspended from their current level of participation to a lower level. Red Level participants will be removed from the Florida Strategic Partnership. If the citation(s) are reclassified by a Florida Area OSHA Office to other than serious, or the citation(s) are dismissed, the contractor will be reinstated to their previous level of participation.

  11. Occupational Safety and Health Administration (OSHA):

     

     


    Darlene Fossum
    Area Director - Ft. Lauderdale
    Occupational Safety and Health Administration

     

     

    Date

     

     


    Leslie L. Grove III
    Area Director - Tampa
    Occupational Safety and Health Administration

     

     

    Date

     

     


    Brian Sturtecky
    Area Director - Jacksonville
    Occupational Safety and Health Administration

     

     

    Date

    South Florida Associated General Contractors of America (SFAGC):

     

     


    Robert Miller, President
    South Florida AGC Chapter
    The Associated General Contractors of America

     

     

    Date

     

     


    Leonard D. Mills, Executive Vice President
    South Florida AGC Chapter
    The Associated General Contractors of America

     

     

    Date

     

     


    Bill Southern, Chairman
    South Florida AGC Chapter Partnership Committee
    The Associated General Contractors of America

     

     

    Date

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