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The Occupational Safety and Health Administration (OSHA) agrees to a partnership with Associated General Contractor Texas Building Branch (AGC-TBB) to enhance workplace safety and health through the strategy of implementing fully written safety and health programs. The overall goal will be to reduce serious injuries and illnesses (using as a minimum one percent per year) and to reduce the occurrence of the four major hazards in the categories of falls, electrocutions, struck-by and caught-between through self audits and prompt corrective actions. Measurements will be obtained from OSHA 300 logs and self inspections.
Selection criteria for participants:
OSHA Commitment and Partnership Benefits. So long as the company is meeting the intent of the partnership, OSHA verification inspections will be limited in scope to a review and evaluation of the safety and health program, analysis of injuries, interviews of select employees, and then an on-site focused inspection to verify compliance. Obvious serious hazards identified during verification inspections will be cited. Successful completion of the annual verification inspection will remove the partnering company from the primary programmed inspection list for a period of one year. OSHA will limit the scope of accident and complaint investigations to information relevant to the accident or complaint (including records) and will not expand the inspection to other areas unless obvious serious hazards are observed.
OSHA will endeavor to support the company with reasonable requested training, technical advice, publications and training material to the employer upon request. Such requests will not cause an OSHA inspection.
Participants will have an opportunity to resolve informal (unsigned) complaints; however, if corrections are inadequate, an inspection may be made to compel compliance. OSHA and the AGC partners will meet periodically to discuss partnership issues.
During OSHA inspections of non-participant General Contractors, Partnership participants whose program has been previously verified by an OSHA inspection will not be included in the inspection unless the compliance officer documents that the participant is responsible for employee exposure to the focused four hazards listed under Partnership Evaluation.
After successful conclusion of an OSHA verification inspection, those participant Contractor’s sites within the State of Texas will not receive another programmed inspection within the next twelve (12) months.
Participants will receive recognition through press release and/or other publications such as AGC home chapter publications.
It is stipulated that partnering employers remain subject to OSHA inspections and investigations in accordance with established Agency procedures. OSHA will conduct accident investigations and investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer.
This partnership does not preclude employees and/or employers from exercising any right provided under the OSHA Act nor does it abrogate any responsibility to comply with the Act nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act. Employees will not be discriminated against as a result of participation in the safety and health program, submitting complaints, or exercising their rights under the OSH Act.
Partnership Review: Partnership agreement will be reviewed in the event of a fatality, catastrophic event, or poor performance identified in an OSHA evaluation. The review will determine whether the agreement will continue.
Partnership Evaluation: The partnership will be evaluated by the OSHA Area office on an annual basis in accordance with established Agency procedures. Each partnering company will submit to their home Chapter AGC Safety representative the numbers of self inspections and the number of falls, struck-by, caught-between, and electrical hazards identified and corrected, a list of the partnering company’s current active job sites within 10 days of the end of each quarter, and the OSHA 300A Log summary by January 31st each year. The information will then be forwarded to the designated OSHA Compliance Assistance Specialist for evaluation.
Partnership Management: Individual partners will be responsible for providing the required data to the home Chapter AGC Safety Representative for review by the Texas State Partnering Safety Committee. Once an application is reviewed and approved, the application package will be forwarded to the OSHA Compliance Assistance Specialist assigned to the partnership. Annual evaluations will be completed and submitted in a timely manner to the Directorate of Cooperative and State Programs (DCSP) by the designated OSHA Compliance Assistance Specialist. Meetings will be held on a regular basis and face-to-face meetings will be held annually as resources permit.
All individual contractor partnerships will extend from October 1st of the qualifying year. Partners entering the partnership at other times of the year will be rolled into the recurring annual yearly cycle. Individual partnerships will last for a period of two years.
Partners will maintain a copy of their current partnership agreement at their job sites within the geographical area of the partnership in addition to a sign at the entrance of the construction site (for general contractors) stating “This site is partnering with OSHA to improve safety and health of construction employees throughout the State of Texas”.
Partnering companies in a local AGC Chapter partnership are eligible to apply and participate in the State of Texas Partnering Agreement. If a contractor is in a local partnership agreement between OSHA and the local chapter of AGC that meets or exceeds this agreement, then that automatically puts the contractor into this agreement.
Partnership Termination (OSHA/AGC-TBB)
This partnership will expire five years from the date of signing.
The AGC-TBB participants consist only of signatory participants. Partnering companies will have individual partnership agreements under the State of Texas Partnering Agreement which will remain in effect through the term of the AGC TBB Partnership.
OSHA or AGC-TBB may terminate participation in this Partnership agreement by providing thirty (30) days written notice to the other party.
Partnership Termination (Partnering Company)
Any partnering company having a fatality or catastrophe during the term of the partnership will be re-evaluated for continued membership by the AGC-TBB Partnership Committee in consultation with OSHA.
A partner removed or disqualified from the Partnership must wait a minimum of one year before re-applying and begin the process in the same manner as a new applicant to the partnership.
OSHA will terminate the agreement for any sustained willful violation or any sustained failure-to-abate situations.
OSHA will terminate the agreement for any major identified program discrepancy that is not improved within a reasonable and agreed upon time frame.
OSHA will terminate the agreement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act.
OSHA and AGC jointly will have the authority to reinstate the employer if it determines that the employer's experience was unusual and not necessarily inconsistent with a sound safety and health program. In this event OSHA may conduct another verification inspection.
State of Texas Partnering Agreement for General Contractor (AGC) and
Associate Contractor (AGC)
Between the Texas AGC Members and Region 6 OSHA
Directions: please complete the following questions by typing or printing legibly.
Company name: ____________________________________________________________________
Construction SIC Code: ______________________________________________________________
Company Safety Contact: __________________________ Title: _______________________________
Phone: ___________________________________ Fax: ____________________________________
Trades Employed: ____________________________________________________________________
Average Number of Employees: __________________________Average Number of Supervisors: _______
List your company’s number of injuries/illnesses from your OSHA 300 Logs for the three most recent years.
Lost Work Days _____________ _____________ _____________
Does your company maintain a total case injury/illness incidence rate that is 10% less than the most current Bureau of Labor Statistics National Rate for the Construction Industry?
Please submit the following information:
I HEREBY CERTIFY THAT ALL INFORMATION IS ACCURATE.
PLEASE SUBMIT COMPLETED APPLICATION AND ALL REQUIRED ITEMS OUTLINED IN THE APPLICATION TO YOUR LOCAL AGC OFFICE.