STRATEGIC PARTNERSHIP BETWEEN
the OCCUPATIONAL SAFETY and HEALTH ADMINISTRATION’S
ST. LOUIS & KANSAS CITY
The Associated General Contractors of Missouri
- Identification of Partners
- Goals/Strategies and Performance Measures
- It will be the responsibility of the Partnership Committee (Committee) to establish criteria to evaluate the overall success of the program. (Reference Section VII.A.) The success of the Partnership is measured in several ways:
- The program will be deemed successful if:
- Conduct 30-hour and 10-hour OSHA training courses (see Section VII);
- Provide all employees site specific safety training/orientations;
- Provide All employees with annual refresher training of at least 4 hours (see Section VII);
- Implement and enforce an ongoing site safety audit program (to include weekly site walk through)
- Annual Evaluation
- OSP Benefits/Incentives
- 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.
- Partnering contractors will receive no penalties for other-than-serious violations from OSHA, provided that the violation is abated during the inspection. Participants will receive maximum reductions allowed by the FOM for good faith, size and history for penalties assessed for serious OSHA violations;
- The employer reserves the right to request an informal conference and formally contest any alleged OSHA violation/citation. Participants may receive incentives from owners and other stakeholders and recognition from the St. Louis Construction OSHA Partnership and others affiliated with the Partnership.
- In addition to all of its other benefits, the Partnership Program will enable the industry to work more closely with its members and OSHA. Immediate opportunities include:
- OSHA Verification
- OSP Management and Operation/Implementation
- Overall administration and responsibility of the Partnership is by AGC, however the Partnership requires the efforts the Partnership Committee and the OSHA St. Louis Area Office to function. The roles, duties, and authorities of these entities are described as follows:
- The Committee:
- The Area Director for the St. Louis OSHA office (OSHA), will coordinate OSHA's role in participating in Committee meetings and will provide advice and assistance to the Committee on the following items:
- The Partnership Program will operate in the following way:
- Contractors who are members of AGC may apply for membership in the Partnership provided they meet certain established criteria listed later in this agreement.
- The Committee will review and evaluate the applications using criteria developed by the Committee.
- The criteria for participation in the Partnership will include a visit to the applicant's place of business and an inspection of at least one job site. This inspection will be performed by the Committee’s designated third party professional/safety consultant.
- The Committee will be charged with establishing qualification criteria for third party safety professionals/consultants (e.g., extensive experience in the construction industry, working knowledge of construction procedures and practices, and expertise with regard to safety and health programs addressing falls, electrocutions, caught in between injuries, struck by injuries, crushed by excavation and trenching, and related applicable hazards), who will conduct job site visits at the time of a contractor’s initial application and as directed by the Steering Committee.
- Members who participate in the Partnership can reapply annually by providing evidence of continued superior safety and health performance.
- The Committee will have the authority to grant extensions to the participating members, to grant probationary periods with mentoring/ review by other participants (reconciliation), or to terminate active status.
- The Committee will establish its own operating procedures, which may include rules for changing the composition of the Committee.
- The Committee will monitor the Partnership program against the established program performance criteria. The Committee will prepare an annual report for AGC, evaluating the merits of the program and making recommendations for continuous improvement. Copies of the report will be provided upon request to all of the members participating in the Partnership and to the OSHA St. Louis Area Office.
- The safety professional/consultant engaged by the Committee will:
- It is understood by all parties that information submitted by applicants as part of the application or renewal process, as well as information obtained by virtue of the member's application or participation in the program, will be held in strict confidence within the confines of the partnership program. However, in event of an unprogrammed inspection based on Section VI of this document, such information, which is relevant to any elements of the investigation, will be provided when requested by OSHA. Any document provided to OSHA or generated because of any OSHA inspection will be handled in accordance with the Freedom of Information Act.
- Contractor Eligibility: To apply for participation in the Partnership, a construction company must meet the following criteria:
- Safety and Health Program Criteria: The complete criteria for an effective company safety and health program will be determined by the Committee, but will include the following:
- Site Visits by the Partnership Committee’s designated third party safety professional/consultant.
- As part of the initial application process for participation in the Partnership, a visit to the applicant’s place of business will be conducted by the Committee’s designated third party safety consultant contracted to provide such services. Costs for this analysis are to be paid for by the applicant.
- The visits will include interviews with the company's principals, supervisors and employees, as well as a visit to at least one job site. The purpose of the visits is to confirm that the criteria established by the Committee are being met.
- If these visits show that the member fails to meet established program criteria, the member is subject to reconciliation or termination procedures as deemed by the Committee.
- Termination of Member Status. A member's participation will be terminated if one or more of the following occurs:
- An inspection reveals a significant deviation from program criteria.
- The member has falsified information on the application or supporting records.
- The member is absent from two or more quarterly meetings during any 12-month period, without having furnished for any such absence(s) a written explanation satisfactory to the Committee
- The member takes other such actions that may be determined to be grounds for termination by the Committee.
- Prior to the final termination of a member's status, the following will occur:
- The member will be notified in writing of the intent to terminate. The notice will include an explanation of the reasons for termination.
- The member will have an opportunity to reply to the written notice within a period of thirty (30) days.
- The member will have the right to make an appearance before the Committee and be represented by counsel.
- The Committee will have the authority to reinstate the member if it determines that the member's experience was unusual and not necessarily inconsistent with a sound safety and health program.
- Any member may terminate its participation in the program at any time by written notice to AGC. AGC will notify the OSHA St. Louis Area Director that the member's participation has been terminated and the date thereof.
- One of the core benefits of the Partnership Program will be to develop contractors who can serve as models for other AGC members to emulate. The program will include the development of criteria for a "model" company, and those companies that qualify will be asked to mentor contractors with less effective safety and health programs. Such mentoring services may also be provided by the respective AGC and any unions participating in the partnership. OSHA and AGC may provide assistance in this effort as resources allow. This mentoring may take several forms:
- Instruction offered in conjunction with apprentice and journeyman union training programs, and other training programs.
- Instruction/training offered and/or available through AGC’s Operation SafeSite construction safety professionals.
- Instruction/training offered and/or available at the OSHA Training Institute Education Center located at the St. Louis University School of Public Health, Center for Environmental Education and Training.
- Instruction and training offered and/or available through the Missouri Safety and Health Consultation Service. Services to include consultation with the member, and may include selective audits of jobsites to evaluate the implementation of the company’s safety and health program.
- Any other instruction or training programs recognized by the Committee.
- Assisting in offering mentoring programs featuring Partnership members on a company-to-company basis or possibly through multi-company mentoring programs.
- Developing a mentoring program to include a sub-classification of members who are presently improving and/or upgrading their respective safety programs. This sub-classification may be designated "Application in Progress", or a somewhat similar classification as determined by the Committee.
- Employee and Employer Rights and Responsibilities
- Term of OSP
- All participants in the previous St. Louis OSHA-AGC Partnership shall be considered initial members of this Partnership and thereafter be subject to the continuation of participation criteria as described in this agreement.
- This Partnership will continue to operate for five years unless and until either of the primary partners listed in Section I withdraw by providing 60 days written notice to the other party. Any of the other signatory partners listed below may withdraw from this Partnership by providing 30 days written notice to the AGC.
- The date of this Partnership Agreement is , and is effective immediately.
The primary parties to this agreement are the St. Louis and Kansas City Area Offices of the Occupational Safety and Health Administration and the Associated General Contractors (AGCMO) of Missouri. Organizations supporting this agreement are the Carpenters District Council (CDC) of Greater St. Louis, the Eastern Missouri Laborers District Council (EMLDC), the St. Louis Building and Construction Trades Council (BCTC), PRIDE of St. Louis, Inc., the St. Louis Council of Construction Consumers (SLCCC).
On October 2, 2003, the AGC of Missouri and the OSHA St. Louis and Kansas City Area Offices entered into a Partnership Agreement. The Agreement was subsequently renewed on October 5, 2006 and December 3, 2009. This agreement establishes a new Partnership with the identified partners.
|Achieve a group aggregate rate of accidents, injuries and illnesses below the most current year published BLS National Average for NAICS 23 (all of construction), and for the individual participating employers’ primary NAICS;||Zero fatalities Implementation of comprehensive safety and health management system for the sites||OSHA (group aggregate and employer) injury and illness data-Total Case Incident Rate (TCIR); Days Away, Restricted or Transferred (DART) Rate; Days Away From Work (DAFW) Rate below the most current published BLS National Average for NAICS 23 (all of construction), and the individual employers’ primary NAICS; the 2013 BLS National Average rates for NAICS 23 will serve as the baseline for the Partnership|
|Developing an employer/government partnership that will encourage involvement of the owner, construction manager and subcontractors in the improvement of safety and health performance||Require the employer/contractor and all subcontractors to develop and implement written safety and health programs (including a fall protection plan)||Verify by reviewing the number of employer/contractors/subcontractors that implemented and/or improved written safety and health programs from year to year|
|Implementing innovative strategies to eliminate serious accidents, including the four primary construction hazards (falls, struck-by, caught in, and electrical)||Document the number of managers and employees trained and the training hours received (including orientation and 10 & 30-hour courses); document the number of hazards identified and abated during the safety audits; track the number of innovative strategies or approaches to training|
|Provide for worker involvement||Provide worker involvement in weekly site safety meetings; site safety walkarounds; Job Hazard Analyses (JHAs)||Document the number of workers involved in weekly site safety meetings; site safety walkarounds; and JHAs from year to year|
The partners will prepare a joint evaluation of the partnership annually. The evaluation will review the success of the partnership, lessons learned, and changes that will be made to meet the goals of the partnership. The annual performance evaluation report format from Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-002 will be used. Performance measures listed in the goals and objectives section of this agreement will be collected and analyzed to determine the partnership’s progress toward meeting its goals. Data (including injury and illness data) used to conduct the annual evaluation will be collected on a calendar year basis.
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.
Participating employers retain all rights guaranteed under the Occupational Safety and Health Act (OSH Act), including the right to appeal or contest citations issued by OSHA.
This agreement will not in any way affect employees’ exercise of rights under the OSH Act and OSHA regulations, including walk-around rights. As an integral part of an effective safety and health program, the opportunity for employees to exercise their rights guaranteed under the 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, e.g., the OSHA-300 log, and medical exposure records will not be infringed. 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 reviews, and mishap investigations.
The AGC of Missouri - OSHA Partnership
This AGC of Missouri-OSHA agreement entered into thisday of , 2015, by The AGC of Missouri, the Kansas City Area OSHA office, and the St. Louis Area OSHA Office, will be for a period of five years. Any party can cancel this agreement by written notice in accordance with Section IX. of this program.
The program is supported and agreed to by the following organizations.
- Area Director, Occupational Safety & Health Administration – St. Louis Area Office
- Area Director, Occupational Safety & Health Administration – Kansas City Area Office
- Chairman, Associated General Contractors of St. Louis
- Executive Secretary- Treasurer, Carpenters’ District Council of Greater St. Louis and Vicinity
- Business Manager, Eastern Missouri Laborers’ District Council
- Executive Secretary- Treasurer, St. Louis Building and Construction Trades Council
- Executive Director, PRIDE of St. Louis, Inc.
- President, St. Louis Council of Construction Consumers