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Partnership Agreement
Between the
Mason Contractors Association of St. Louis
(MCA)
And
Occupational Safety and Health Administration
St. Louis Area Office
(SLAO)


  1. Identification of Partners

    The partners in this agreement will include the Occupational Safety and Health Administration's St. Louis Area Office and the Masonry Contractor's Association of St. Louis.

    The Eastern Missouri Laborers' District Council pledges their support of the Partnership.

  2. Purpose/Scopes

    The masonry industry is one of the largest users of scaffolding. As a result this Partnership will focus on:

    1. Fall Hazards
    2. Electrocutions
    3. Caught-between & struck-by injuries
    4. Trenching and excavation operation

    With the help of the participating Union, The Mason Contractors Association and OSHA, the masonry 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 in need of their assistance.

    The Mason Contractors Association of St. Louis has had a partnership with the St. Louis Area Office since May 16, 2003 and renewing that partnership on March 1, 2007. From 2003 through the end of 2009, the Association has reduced its DART rate by 51%.

  3. Goals/Strategies and Performance Measures

    The overall goal of the partnership is to reduce the injuries/illnesses reported by 10% by the end of the third year.

    These tables are best viewed on tablets, notebooks, or desktop computer screens.

    Goal Strategy Measure
    The goal of this partnership is to reduce the injuries / illnesses reported to an aggregate rate that is below the BLS 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., Good Catch Hazard Identification Program, 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 quarterly 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 6’ or more above a lower surface. 100% compliance and Zero incidents through daily worksite audits and weekly safety and Health Committee Meetings; partnership review of Disciplinary Notifications submitted quarterly
    Training Masonry Industry has 10-Hour OSHA Training requirement; Individual partners conduct Tool Box Talks and other jobsite training; Mason Contractors Association as a whole conducts 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 and/or union representation in safety meetings, worksite audits, and hazard analysis Document the worker/union 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 St. Louis Area Office based on the following four 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, particularly due to falls 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 2008 (or most currently published) Bureau of Labor (BLS) National Average for construction (NAICS 23814, Masonry Contractors) TCIR of 4.6 and DART of 3.1.
  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 Area Office.

  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). Please reference the Section VII. In the event that an OSHA verification inspection does reveal willful, serious, 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 02-00-148; Field Operations Manual (FOM) dated January 9, 2009, 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. The respective contractor association and union participating in the partnership 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/union safety and health education;
      2. Programs developed for presentation at the MCA monthly meeting; and
      3. Instruction offered in conjunction with apprentice/journeyman union 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. OSHA will conduct one unannounced enforcement verification inspection each year for the term of the partnership. The enforcement verification inspection will be conducted with at least one of the partnership members, which will satisfy the requirement for the Association as a whole. 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. If a verification inspection is not conducted with one of the partnership members during the first three quarters of each year of the partnership as a result of OSHA programmed or un-programmed activity, OSHA will work with the Association's headquarters to determine all partnership members' current jobsites and randomly select a site for inspection during the fourth quarter.
    4. 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 St. Louis Area Office).
  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 the Mason Contractors Association and the St. Louis Area Office-OSHA Partnership Agreement.

    Contractors seeking participation into the MCA/OSHA Partnership must meet the following criteria:

    1. Must be a member of the Mason Contractors Association of St. Louis.
    2. Has established a written safety program.
    3. Has provided clear evidence of implementation of the program throughout the company.
    4. Is in compliance with applicable OSHA regulations and requirements.
    5. Has made safety and health an integral part of the company's training and employee awareness programs.
    6. 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.
    7. Agree to provide injury, illness, accident records and employment data to the program administrator of the partnership. The administrator will then provide this information to the St. Louis .Area Office.
    8. Avail themselves to the free Missouri 21(d) state consultation service for one jobsite.
    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 Executive Director of the Mason Contractors Association.

    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 company wide 6' 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 three (3) 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.
        1. 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.
        2. A contractor who is party to a collective bargaining agreement containing an established grievance procedure may utilize such procedure for enforcement of its disciplinary rules.
      9. Participation in a substance abuse program according to mutually agreed guidelines.
      10. 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 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 three (3) 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 verification inspections will be conducted in accordance with the Field Operations Manual (reference OSHA Instruction CPL 02-00-148) 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 will conduct one unannounced enforcement verification inspection each year for the term of the partnership.  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.  If a verification inspection is not conducted at the partnership site during the first three quarters of each year of the partnership as a result of OSHA programmed or unprogrammed activity, OSHA will conduct an inspection during the fourth quarter. 
    3. A minimum of two OSHA verification inspections will be conducted among all participants annually.  In the event that, less than two inspections have been conducted, the necessary number of jobsites (one or two) from participating contractors will be selected at random for verification inspection.
    4. OSHA Compliance Assistance Personnel from the St. Louis Area Office may assist the Partnership with off-site safety and health training.
    5. OSHA will give priority to the site when technical assistance is requested.
    6. OSHA will ensure that the Partnership is evaluated annually and will include data used to monitor the success of the Partnership efforts.
    7. 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 MCA/OSHA partnership is January 1, 2011 and will remain in effect for three years from the effective date.
    3. Should either of the principal participants (OSHA or Masonry Contractors Association) 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 Masonry Contractors Association are the only entities that can terminate this Partnership.

 

Principal Participants:

 

 


William McDonald, CSP, Area Director, OSHA

 


Richard Frisch, Jr., President, Mason Contractors Association of St. Louis

The following pledge both support and cooperation to the Partnership:

 

 


Gary Elliott, Business Manager, Eastern Missouri Laborers' District Council

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