OSHA Strategic Partnership Program<< Back to Region VII


  1. Identification of Partners

    The partners in this agreement will include the Occupational Safety and Health Administration's Kansas City, St. Louis and Wichita Area Offices (OSHA KCAO, SLAO, and WAO, respectively) and the Associated Builders and Contractors, Inc., Heart of America Chapter (ABC-HOA).

    The Associated Builders and Contractors, Inc., National Chapter pledges their support of the Partnership.

  2. Purpose/Scope

    The construction industry is one of highest risk industries in the United States. As a result this Partnership will focus on:

    1. Fall Hazards
    2. Electrocutions
    3. Caught-between & struck-by injuries
    4. Trenching and excavation operations
    With the help of the Associated Builders and Contractors National Office, Associated Builders and Contractors, Inc., Heart of America Chapter and OSHA, the construction industry will focus on its own safety concerns and strive for a zero rate of accidents. This would allow OSHA to leverage their resources by allowing their personnel to focus on other industries and companies in need of their assistance. As quoted from OSHA’s website, “Associated Builders and Contractors, Inc., Heart of America Chapter has had a partnership with the Wichita Area Office since July 11th, 2007. The partnership 2008 Total Case Incident Rate (TCIR) and Days Away, Restricted and Transferred (DART) rates increased slightly from the last two year, however the rates still remain below The Bureau of Labor Statistics' (BLS) national average for 2007. The partnership three year TCIR and DART are 30% and 18% respectively below 2007(BLS) national average.”

  3. Goals/Strategies and Performance Measures

    The previous ABC-HOA and Wichita Area Office Partnership’s 3-year (2007-2009) DART and TIC Rates, 1.78 and 3.67, respectively, will serve as a baseline. The overall goal of this Partnership is to reduce the injuries/illnesses by 10% from the baseline.

    Goal

    Strategy

    Measure

    The goal of this partnership is to reduce the injuries / illnesses reported to an aggregate rate that is below the most current BLS National Average and by 10% by the end of the third year.

    Frequent jobsite inspections utilizing a system developed by the Partnership Members. Site specific orientations for every employee and additional training as needed.

    Establish a baseline – to be the previous three-year aggregate injury/illness data under the last partnership agreement

    OSHA injury/illness data-Total Case Incident Rate (TCIR), Days Away, Restricted or Transferred (DART); Rate Downward trend in injuries due to falls and reduced near misses, as evidenced by decreased DART rate; after third year, 10% reduction from the previous three-year period, serving as the baseline.

     

    Management Commitment and Employee Participation

    Adherence to each company’s safety program, (i.e., Jobsite Pre-Planning Meetings, Substance Abuse Policy, etc.)

    Number of jobsite inspections and hazards identified and abated

    Job-Site Analysis

    Recognition and abatement of hazards in a timely manner; regular job-site safety inspections by foremen

    Review of semiannual submission to partnership of jobsite inspection review sheets

    Hazard Prevention and Control

    Fall protection is to be used in any instance where work is being performed in accordance with the appropriate fall protection guidelines.

    100% compliance and Zero incidents through daily worksite audits and weekly safety and Health Committee Meetings; partnership review of Disciplinary Notifications submitted semiannually

    Training

    Construction Industry meets all current 10-Hour OSHA Training requirements; Individual partners conduct Tool Box Talks and other jobsite training; ABC-HOA as a whole is available to conduct training

    Track and verify accomplishment of training by subcontractor and subcontractor employee.  Maintain documentation of training on file, to be made available for OSHA upon request.  Conduct other hazard specific training, as  needed, by respective subcontractors

    Provide for worker involvement

    Provide worker involvement in safety meetings, worksite audits, hazard analysis and safety committee participation.

    Document the worker involvement


    The overall success of the Partnership will be measured as follows:

    The overall success of this program will be jointly evaluated by the Partnership administrator and OSHA's Kansas City Regional, Kansas City Area, St. Louis Area and Wichita Area Offices based on the following five measures:

    1. The Partnership administrator will collect and provide to OSHA the Injury/illness Incidence rates (OSHA 300 and employment data), as well as near misses of participating contractors, on a quarterly basis.
    2. The Partnership administrator will administer surveys to participating contractors and their employees annually.
    3. Partnership participants will show a downward trend in injuries and reduced near misses.
    4. A baseline will be established by using the previous 3 years Days Away, Restricted or Transferred (DART) Rate and Total Case Incident Rate (TCIR). At the end of the three year period, the three year aggregate data will be compared to the baseline, which will be 10% lower.
    5. The Group aggregate TCIR and DART Rates will be compared to the 2009 (or most currently published) Bureau of Labor (BLS) National Average for the construction (NAICS 23) TCIR of 4.3 and DART of 2.3.
  4. Annual Evaluation

    The partnership will be evaluated annually utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002. This data will be provided to the OSHA Regional Office and subsequently to the Area Offices.

  5. OSP Benefits/Incentives

    1. Partnering contractors shall be removed from OSHA programmed inspection lists for a 12-month period following the successful completion of an OSHA verification inspection (meaning no high gravity serious, willful or repeat hazards cited) at one of their worksites. Please reference the Section VI. In the event that an OSHA verification inspection does reveal serious, willful or repeat violations, the inspection will not be considered successful. The partnering contractor will remain subject to OSHA inspections. Under this circumstance, the OSHA Area Director may also remove the contractor from the partnership program. The contractor will be eligible for reinstatement to the partnership program in twelve months.
    2. Partnering contractors will not be included in OSHA inspections of non-partnership employers unless the inspector observes that, as a result of partnership contractor actions, employees are exposed to hazards listed in the purpose section of this agreement or other serious hazards.
    3. Partnering contractors will receive no penalties for other-than-serious violations from OSHA, provided that the violation is abated within the prescribed period of time. The contractor reserves the right to request an informal conference and formally contest any alleged OSHA violation/citation.
    4. Partnering contractors will receive maximum reductions allowed by the OSHA CPL 02-00-150; Field Operations Manual (FOM) dated April 22, 2011, for good faith, size and history for penalties assessed for OSHA violations. Note: In the event that the FOM is revised, the most current FOM will be utilized.
    5. May receive incentives from owners and respective insurance companies/contractors/unions and recognition from affiliates of the partnership program.
    6. One of the core benefits of the Partnership Program will be to develop contractors who can serve as models for others to emulate. The program will include the development of criteria for a "model" company; and those companies that qualify will be asked to mentor smaller contractors, or contractors with less effective safety and health programs. Associated Builders and Contractors, Inc., Heart of America Chapter can also provide such mentoring services. This mentoring may take several forms as follows:
      1. Structured programs created within the scope of ongoing contractor association/apprenticeship safety and health education;
      2. Programs developed for presentation at the ABC Safety Committee monthly meeting; and
      3. Instruction offered in conjunction with apprentice/journeyman training programs, and other training programs.
  6. OSHA Verification

    1. OSHA will continue to investigate fatalities and catastrophes should they occur at the jobsite as well as alleged “imminent” danger situations per the FOM. Note: In the event that the FOM is revised, the most current FOM will be utilized.
    2. OSHA will continue to investigate complaints and referrals received in accordance with OSHA Instruction CPL 02-00-140, Complaint Policies and Procedures and the FOM. Note: In the event that the FOM is revised, the most current FOM will be utilized.
    3. An on-site enforcement verification inspection of the participating members will be performed when a jobsite of the respective construction company receives an OSHA enforcement inspection for any reason, programmed or unprogrammed. Note that OSHA will not implement any scheduling of a participating contractor partner for an on-site enforcement verification inspection over and above that which would be experienced by a non-partnership site. If the member passes the on-site enforcement verification inspection they will benefit from the incentives outlined in Section V.A. of this Agreement.
      1. The scope of the on-site enforcement verification inspection will be in accordance with the Field Operations Manual (FOM) and the focused inspection policy. These inspections will use “Focused Inspection” initiative policy {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/between and electrical shock. Inspections conducted in response to complainants, 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 in accordance with OSHA Standards Interpretation and Compliance Letter, August 22, 1994, Guidance to Compliance Officers for Focused Inspections in the Construction Industry.
      2. The Compliance Officer performing the on-site enforcement verification inspection shall make a pass or fail recommendation to the Area Director based upon their professional judgment of the number and severity of hazardous conditions observed at the time of the verification inspection. If the member fails the on-site enforcement verification inspection, they may be recommended for reconciliation, or terminated from the Partnership at the sole discretion of OSHA, in consultation with the Steering Committee, and would not be eligible to reapply to the Partnership for twelve (12) months from the date of notification.
      3. The OSHA annual on-site enforcement verification inspection with one of the Partnership members contained in this program will serve the sole and exclusive purpose of meeting the requirements in this partnership agreement. The aforementioned inspection will not serve for verification of any agreements or partnerships outside this agreement (such as the site-specific partnerships in the OSHA Kansas City, St. Louis and Wichita Area Offices).
    4. To ensure participating contractors are meeting the requirements of the partnership agreement, the OSHA Region VII Regional Office shall conduct off-site verifications for each participating contractors each quarter of the partnership. Each quarter the participating contractors will be required to submit the following information to the ABC Safety Director:
      1. Injury/illness data (OSHA Form 300 data) and manhours worked that quarter for all of the partnering sites;
      2. Training activities, including number of workers and supervisors trained, hours of training received, and training subject/topics;
      3. Number of self-inspections performed, including number of hazards identified and abated/corrected.
      4. Any other relevant safety and health activities, such as success stories, challenges and plans for improvements.

        These materials will be forwarded to the OSHA Region VII Regional Partnership Coordinator for review. After the review, if serious hazards or failure to submit the required materials (listed in the above paragraph) are identified, the Regional Partnership Coordinator may contact the appropriate area office to conduct an on-site non-enforcement verification visit.
    5. On-site non-enforcement verification visits may be conducted as appropriate per the area office’s jurisdiction to further assess participating contractors’ implementation of the partnership agreement. OSHA worksite observations should be sufficient to confirm the partner’s worksite is operating a safety and health management system that adequately ensures the protection of employees. During such visits, if OSHA personnel identify serious hazards that the site management refuses to correct, OSHA may make a referral for an enforcement inspection.
  7. OSP Management and Operation/Implementation

    Contractors seeking participation in this Partnership program have read this Partnership agreement in full and signify agreement to all the requirements herein upon application to Associated Builders and Contractors, Inc., Heart of America Chapter and the OSHA Kansas City, St. Louis and Wichita Area Offices Partnership Agreement.

    Contractors seeking participation into the ABC-HOA/OSHA Partnership must meet the following criteria:

    1. Must be a member of Associated Builders and Contractors, Inc., Heart of America Chapter.
    2. Has established a written safety program.
    3. Establish an Internal Safety Committee with a minimum participation of 50% of the employable workforce, actively involved, and documented no less than quarterly per year.
    4. Has provided clear evidence of participation in the Associated Builders and Contractors STEP (Safety Training Evaluation Process) Program and maintain a Gold Level within the company.
    5. Is in compliance with applicable OSHA regulations and requirements.
    6. Has made safety and health an integral part of the company's training and employee awareness programs.
    7. Has had the effectiveness of the safety and health program confirmed by a site visit. The contractor and its employees are not only operating safely, but can serve as a model for other contractors and their employees.
    8. Agree to provide injury, illness, accident records and employment data (and any other requested materials specified in this agreement) to the program administrator of the Partnership. The administrator will then provide this information to the OSHA Kansas City Regional Office, who will subsequently provide to the Kansas City, St. Louis and Wichita Area Offices.
    9. Must pass an on-site inspection by their organization (see Safety Program Criteria A. 7).
    10. Membership will be established when all criteria is satisfied as determined by a third party consultant, an OSHA representative and the Safety Director of the Associated Builders and Contractors, Inc., Heart of America Chapter.
    Safety Program Criteria

    The criteria for a sound company safety and health program will include the following:

    1. Management Commitment and Employee Participation:


      1. A written safety and health program that addresses recognized hazards.
      2. Training that includes safety and health awareness.
      3. Employee participation in company safety and health programs.
      4. Annual safety and health program review.
      5. Compliance with the occupational safety and health standards promulgated by OSHA.
      6. Implement a companywide fall protection policy.
      7. Designation of an individual by the involved organizations to conduct at least two jobsite visits of each contractor for quality control:
        1. The individual selected shall have completed, as a minimum, the OSHA 10-Hour Construction Safety and Health Training Course or equivalent training within five (5) years immediately prior to appointment.
        2. The individual appointed shall have at least five (5) years of construction experience, or a combination of five (5) years of experience and formal education as deemed appropriate tier the size and job hazards encountered by the contractor.
        3. The individual appointed shall have line authority from contractor top management to order or otherwise direct field supervisory personnel/field employees to take prompt corrective measures to eliminate recognized safety and health hazards.
        4. The individual selected shall periodically conduct safety and health audits, depending on the hazards involved that address, at a minimum, fall hazards.
      8. It is the responsibility of each contractor on a project to enforce its own safety and health program.
      9. Each contractor shall establish disciplinary rules that include discharge for willful or repeated safety violations, and may include lesser forms of discipline for less serious types of violations.
      10. Participation in a substance abuse program according to mutually agreed guidelines.
      11. Any and all contractors participating in this Partnership must agree to these guidelines.
    2. Job-Site Analysis:
      1. Job-site systems to recognize and abate hazards in a timely manner, with particular attention to fall hazards, electrocutions, caught-between and struck-by injuries, and trenching and excavation operations.
      2. Regular job-site safety inspections by line supervisors.
      3. Job-site accountability for safety program enforcement.
    3. Hazard Prevention and Control:
      1. Regular investigation of accidents and serious "near miss" event's to determine their causes.
      2. Control of hazards through engineering controls, administrative and work practice controls or the use of Personal Protective Equipment (PPE) as required.
    4. Training:
      1. Job site supervisors and foreman shall have attended the OSHA 10-Hour Construction Safety and health Training Course, or equivalent training, within the past five (5) years. Equivalent training would include instructions pertaining to accident prevention and investigation that have been tailored to the scope of the supervisor or foreman's duties.
      2. Employee safety training programs at all levels of the company.
      3. Programs to make workers aware of potential health exposures.
    OSHA

    1. OSHA on-site enforcement verification inspections will be conducted in accordance with the Field Operations Manual (reference OSHA Instruction CPL 02-00-150) and the focused inspection policy covering the focused four construction hazards of falls, struck by, crushed by and electrocutions (outlined in 0SHA Memorandum for James W. Stanley, Deputy Assistant Secretary, August 22, 1994 and revised September 1995).
    2. OSHA Compliance Assistance Personnel from Kansas City, St. Louis or Wichita Area Offices may assist the Partnership with off-site safety and health training.
    3. OSHA will give priority to the site when technical assistance is requested.
    4. OSHA will ensure that the Partnership is evaluated quarterly/annually; and, the evaluations will include data used to monitor the success of the Partnership efforts.
    5. OSHA agrees to educate their staff regarding the terms of this Partnership.
  8. Employee and Employer Rights and Responsibilities

    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 the Act.

  9. Term of OSP

    1. This partnership may be terminated by any of the participating organizations with a sixty day notice.
    2. The date of this ABC-HOA/OSHA Partnership is September 14, 2011 and will remain in effect for three years from the effective date of October 1, 2011.
    3. Should either of the principal participants (OSHA or ABC-HOA members) 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 the Associated Builders and Contractors, Inc., Heart of America Chapter are the only entities that can terminate this Partnership.
    Principal Participants:





    ______________________________________
    Barbara Theriot, Area Director
    OSHA – Kansas City Area Office




    ______________________________________
    Robert Kellogg, MS, CSP, CHST, CSSM,
    OSHA – St. Louis Area Office




    ______________________________________
    James Kistler, President,
    Associated Builders and Contractors, Inc.
    Heart of America Chapter



    ______________________________________
    Robert Kellogg, MS, CSP, CHST, CSSM,
    Director of Safety
    Associated Builders and Contractors, Inc
    Heart of America Chapter




    ______________________________________
    Judy Freeman, Area Director
    OSHA –Wichita Area Office




    ______________________________________
    Larry O’Donnell, CIC, CRM
    Safety Committee Chair
    Associated Builders and Contractors, Inc.
    Heart of America Chapter