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RESIDENTIAL ON-SITE SAFETY INITIATIVE PARTNERSHIP PROGRAM BETWEEN THE
HOME BUILDERS ASSOCIATION OF ST. LOUIS & EASTERN MISSOURI (HBA)
AND
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
(St. Louis and Kansas City, MO Area Offices)

The Home Builders Association of St. Louis & Eastern Missouri (HBA) and the Occupational Safety and Health Administration (OSHA), including the St. Louis Area Office, Kansas City Area Office, in conjunction with the Carpenters' Union recognize the value of establishing a collaborative relationship to promote safe and healthful working conditions in the residential construction industry. The partnership hereby established shall be referred to as the Residential On-Site Safety Initiative (ROSSI).

I. Core Partnership Elements

This agreement establishes a partnership between OSHA and the Home Builders Association of Greater St. Louis in conjunction with the Carpenters' Union to offer incentives to members/employers in the greater St. Louis area to protect workers. All members/employers who participate in the program will be expected to make residential construction safety and health core elements of all phases of construction. The St. Louis HBA, OSHA and the Carpenters' Union are committed to working together to make sure that every member of the Association engaged in residential construction is provided educational opportunities and made aware of available safety materials and resources to assist them in their efforts to ensure the safety of their employees.

The CFR 1926 Subpart M Appendix E, Std.3.01A, and NAHB OSHA Jobsite Safety Handbook 2nd and other industry partnership programs will be the cornerstone of the ROSSI Program. However, OSHA and the St. Louis HBA will work continuously to improve materials as needed, especially to address unique and specific concerns. OSHA will be available to ROSSI members as necessary to gain clarification of interpretations of OSHA regulations applicable to the residential and light construction industry so that such information can be communicated to program participants.

The partnership program will be conducted within the jurisdictional areas of the Kansas City, St. Louis OSHA Area Offices and the HBA of St. Louis & Eastern Missouri's boundaries. Participation is strictly voluntary and is available to any member company of the St. Louis HBA who meets the qualification requirements of this partnership.

This agreement will in no way affect employees' to exercise rights under the OSH Act and OSHA regulations, including walk-around rights. Similarly, the agreement will in no way reduce any member/employer's obligation to comply with all applicable OSHA standards. As an integral part of an effective safety and health program, the opportunity for employees to exercise their rights guaranteed under the Occupational Safety and Health (OSH) Act and regulations, such as, but not limited to, the right to file a safety and health complaint, and the right to information collected pursuant to OSHA requirements, shall not be impaired. It is anticipated that routine employee involvement in daily implementation of worksite safety and health programs will be assured, including employee participation in employer self-audits, site inspections, job hazard analysis, safety and health program review, and mishap investigations.

Participating members retain all rights guaranteed under the OSH Act, including the right to appeal or contest citations issued by OSHA.

The administration will be shared by the HBA, the Carpenters' Union and by the OSHA office.

II. Partnership Goals
  1. Reduce the number and severity of injuries, illnesses and fatalities affecting participating contractors from falls, struck-by, caught-in/between and electrocutions.

  2. Increase the number of members/employers who implement effective safety and health training.

  3. Allow OSHA to focus resources on employers that require assistance from OSHA, rather than members/employers that have demonstrated existence of effective safety and health programs.
III. Partnership Incentives
  1. Special recognition from OSHA, HBA & Carpenters designating the member/employer as a participant of ROSSI.

  2. If OSHA receives a complaint it will be handled according to OSHA's Complaint Policies and Procedures (OSHA Instruction CPL2.115). An OSHA Area Office representative will contact the site superintendent, or corporate office if superintendent is not available, to inform them that someone contacted OSHA concerning their site practices.

  3. During OSHA inspections of non-participant employers, ROSSI participants whose program has previously been approved by OSHA, will not be included in OSHA inspections of non-participant employers. However, if serious violations are observed, the OSHA inspector will address those violations and citations may be issued.

  4. Will not receive citations for other than serious violations from OSHA, provided that the violation is abated during the inspection.

  5. Will be eligible to receive the maximum reductions allowed for good faith, size and history for penalties assessed for serious OSHA citations as outlined within OSHA instruction CPL 2.103 (Field Inspection Reference Manual).

    1. In the event that a citation with penalties is issued, participants may receive elimination, or up to the maximum allowable reduction of said penalties as part of an informal conference settlement agreement.

    2. Will be eligible to receive available incentives based upon safety improvements made as a result of this program.
  6. Members/employers participating in the ROSSI will be issued a letter by OSHA when they successfully pass their OSHA verification inspection. This letter is to be retained by the members/employers and presented to OSHA at subsequent inspections if said inspections are being routinely done within a 12-month period following the initial verification inspection. If an employer and/or contractor has passed an OSHA verification inspection, as required by a signed construction partnership agreement, all of that contractors' other sites would not be subject to an inspection during the following year under this initiative unless a plain view hazard is observed. If a plain view hazard is observed, an inspection will be conducted.
IV. Partnership Implementation
  1. The St. Louis HBA will appoint a ROSSI Partnership Steering Committee consisting of two Builders, two Subcontractors, and two Carpenters' Union representatives, each with a two-year term. The Committee will meet quarterly, at a minimum, or more frequently if deemed necessary. OSHA shall serve in an advisory capacity to the Partnership Steering Committee.

  2. Applications may be submitted at the beginning of each month. The third-party administrator will inform members who have successfully completed the application process and are eligible for participation in the partnership. If an applicant is denied, they can reapply after 60 days.

  3. The Carpenters' Union will conduct training (10-hour OSHA Course), with emphasis on residential construction.
V. Qualification Criteria

A member/employer seeking participation in the OSHA/HBA Partnership shall:
  1. Be engaged in the residential or light construction industry and be a member of the St. Louis HBA.

  2. Agree to provide written safety and health programs, training records, and injury/illness records to the third-party administrator upon request.

  3. Have provided clear evidence of implementation of the safety program throughout the year, including conducting and documenting safety training.

  4. Have established a safety and health disciplinary program with clearly stated enforceable procedures that are documented.

  5. Have an employer modification rate of 1.5 or less upon partnership entry.

  6. Have implemented a fall protection program where a participant requires and enforces the use of conventional fall protection, or an OSHA approved alternative method, when their employees are performing work that is in excess of six feet above the lower level.

  7. Have read this partnership agreement in full and signified agreement to all of the requirements herein by signing a copy of the Residential On-Site Safety Initiative (ROSSI) Application Form.

  8. Have regular jobsite safety inspections conducted by a competent person and documented.

  9. Conduct and document investigation of accidents.

  10. OSHA verification inspections will be conducted in accordance with the Field Inspection Reference Manual (reference OSHA Instruction CPL 2-103) and the focused inspection policy covering the focused four construction hazards of falls, struck by, crushed by and electrocutions and any serious hazards in plain view (outlined in OSHA Memorandum for James W. Stanley, Deputy Assistant Secretary, August 22, 1994 and revised September 20, 1995). Those contractors who successfully pass the OSHA verification inspection will be eligible to receive the incentives listed in Section VI. Partnership Incentives. A minimum of two random verification inspections will be conducted among all participants annually. Participating contractors will be selected at random for verification inspections by OSHA.

  11. Have no willful violations or repeated serious violations issued within the past two years.
VI. Safety & Health Program Criteria

The St. Louis HBA designated third-party administrator will be responsible for verifying that members/employers have written safety and health programs and training records and will forward that information to the Partnership Steering Committee. The St. Louis HBA assumes no responsibility for designing or implementing Safety and Health Programs and these responsibilities remain solely the responsibility of members/employers. A member/employer seeking participation in the HBA/OSHA program must have a safety and health program that meets the following criteria:
  1. Job-Site Requirements:

    1. The member/employer shall have a job-site system to recognize and abate safety and health hazards before work commences.

    2. Regular job-site safety inspections by the employer/management designated safety person.

    3. Current job-site and health program enforced and documented.
  2. Hazard Prevention and Control:

    Implement measures to control hazards through work-site procedures or the use of personal protective equipment as may be necessary.

  3. Training:
    The following employee safety and health training programs shall be conducted and documented at all levels of the company:

    1. Training on typical residential job-site and industry safety and health hazards. This includes a formal, new employee safety and health orientation.

    2. Conduct and document weekly/monthly/quarterly toolbox safety training.
VII. Continued Participation
  1. Members/employers who qualify and accept the established requirements of the program will be enrolled for a period of 12 months. Participants must reapply 30 days prior to their annual renewal date and shall provide documentation from a third-party administrator that they still meet current established guidelines.

  2. The third party administrator performing the qualification inspection shall make a pass or fail recommendation to the ROSSI Steering Committee based on their professional judgment of the number and severity of hazardous conditions observed at the time of the verification inspection. If the contractor fails the verification inspection, they will be eligible to reapply for the partnership program after 60 days from the date of notification.

  3. Members of the partnership are encouraged to use the Missouri Department of Labor and Industrial Relations' Safety and Health Consultation Service. This service provides on-site safety and health audits without penalties. The consultants can also assist with preparing safety programs and training.
VIII. Employee Involvement

Employees shall be involved in the day to day implementation of worksite safety and health programs including, but not limited to self-audits, site inspections, job hazard analyses, safety and health program reviews, and mishap investigations. This partnership will not affect the employee's rights under the OSHA Act and OSHA regulations, including walkaround rights during an OSHA inspection.

IX. Partnership Evaluation
  1. The success of the partnership will be evaluated annually by the following:

    1. The partnership will be evaluated using criteria such as, but not limited to, Contractor lost workday injury rates, number of OSHA recordable injuries,  workers compensation experience modification rates, etc.

    2. Feedback from participating members/employers and their employees and the number of participants in the ROSSI partnership.

    3. Evaluation of the qualifying members/employers injury and illness data. The participants will provide a copy of their OSHA 300 and 300A logs to the St. Louis Regional Office for internal reporting purposes (for those contractors who are required to maintain them). OSHA will not conduct an inspection based solely upon information provided in these logs.
  2. The partnership shall be deemed successful if:

    1. An evaluation of participating members/employers injury and illness data indicates a reduction in incidence and/or severity rates, or a reduction in the employer's EMR rate.

    2. Members/employers and their employees believe the partnership has been effective in improving safety and health conditions at their job-sites.
X. Member/Employer Termination
  1. A member's/employer's participation may be terminated by the third-party administrator if  one or more of the following occurs:

    1. An inspection by OSHA or the third-party administrator reveals a significant deviation from program criteria.

    2. The member/employer has falsified information on the application or supporting documentation.

    3. The member/employer's EMR rises above 1.5 for more than one year.

    4. The member/employer takes any other such actions that may be determined to be grounds for termination by the Partnership Steering Committee.
  2. Prior to the final termination of a member/employer's status:

    1. The member/employer will be notified in writing of the intent to terminate.

    2. Written notice will include an explanation of the reasons for termination.

    3. The member/employer will have an opportunity to reply to the written notice within thirty days; and will have the right to make an appeal to the Steering Committee with the 3rd party doing a verification.

    4. The Partnership Steering Committee has the authority to evaluate the member/employer if it determines the member/employer's experience was unusual and not necessarily consistent with a sound safety and health program.
  3. Any member/employer may terminate its participation in the program at any time by Providing 30 days written notification of intent to the Partnership Steering Committee.
XI. Term and Location of Partnership
  1. The HBA/OSHA Partnership will cover the State of Missouri for a period of three years. At the end of the three years, OSHA, the Carpenters' Union and the HBA will make a joint  determination of whether or not to continue the partnership agreement.

  2. Either party participating in ROSSI may withdraw from the agreement at any time  after submitting notification of intent to the other partner by providing a 30-day written  notice to the other member of the partnership, and the partnership agreement will  terminate. Any party may also propose modification or amendment to the program  subject to concurrence by the other partner(s) to the agreement.

Based on a mutual interest to protect residential housing workers in the Greater St. Louis area, the parties below agree to the above terms of the Residential On Site Safety Initiative. The ROSSI partners are the Home Builders Association of St. Louis and Eastern Missouri, the Carpenters' District Council and the St. Louis, Kansas City OSHA area offices.

Signed August 21, 2006