Partnership #61- Renewal Agreement - September 27, 2013

OSHA logo
Kanawha Valley Builders Association

Strategic Partnership
Between the
Occupational Safety and Health Administration
Charleston Area Office
Kanawha Valley Builders Association
West Virginia State OSHA Consultation

  1. Scope/Background

    The common objective and goal of the agreement is to provide a safe and healthful work environment for employees engaged in construction activities in the Charleston and Kanawha Valley Area, and to help prevent serious accidents within the industry through increased training and implementation of enhanced safety and health programs. By focusing its efforts and utilizing the skills and resources of the Kanawha Valley Builders Association (KVBA), the Labor and Education and Development (LEAD) Program, their member employers (collectively called participants) and with assistance by OSHA, it is believed that through this cooperative and voluntary program, hazards and serious injuries can be reduced at Kanawha Valley construction jobsites and that participants will achieve an injury and illness rate below the national average for the construction industry.

    This initiative represents a voluntary agreement and affords a partnership alternative to the traditional OSHA enforcement procedures. This partnership program is consistent with OSHA's long-range efforts to develop a business/labor/government partnership approach to safety management, allows for better use of OSHA resources, and encourages more participation in the safety process by each stakeholder.

    Representatives of the building trade organizations most directly involved or affected by this partnership have been consulted and encouraged to provide input on an ongoing basis to help suggest improvements and further enhancements to this partnership initiative.

    Kanawha Valley Builders Association (KVBA) is a trade association focused on commercial, institutional and industrial construction with over 100 member companies which employ over 6,500 people and represent all facets of construction. Member companies include the following industries: site construction, concrete, masonry, metals, wood and plastics, thermal and moisture protection, doors and windows, finishes, specialties, equipment, furnishings, special construction, conveying systems, mechanical, and electrical

    KVBA's mission is to provide opportunities for its members and leadership to the Kanawha Valley construction community and KVBA's focus is to provide the means and measures for its members to develop and grow. One of KVBA's principal goals and long standing commitments is to promote safety awareness and to serve as a safety resource for its members. This safety commitment includes a strong training commitment through the LEAD program.

    KVBA, Charleston Area Office (CHAO) OSHA, and the West Virginia State Consultation Program believe that maintaining a focus on safety saves lives, time and dollars. The impact of accidents leads to employee deaths, injuries, equipment damage, worker's compensation costs, fines, and criminal and civil penalties. A focus on safety is one objective that OSHA, WV State Consultation and all KVBA members have in common.

    In 1991, the KVBA Board of Directors, realizing the importance of safety for their members, agreed to improve training for all members through the Labor Education and Development (LEAD) Program, which met the organization's commitment and resources for these safety efforts. A full-time staff was hired and given the long-term goal of developing a safety training institute to provide quality education and training for KVBA members.

    OSHA, along with KVBA, has a vested interest in the protection of employees and in working with other associations and groups to assist in promoting safety. With a lack of staff to be able to inspect every job site and project, joint efforts by KVBA and OSHA will provide an opportunity to reach larger populations and keep the focus on safety in the forefront. Forming this partnership will increase OSHA's visibility with KVBA's membership and help to improve the relationship through continued cooperation.

  2. Identification of Partners

    • OSHA, Charleston Area Office (OSHA)
    • Kanawha Valley Builders Association (KVBA
    • OSHA Consultation, West Virginia Division of Labor
    • Labor Education and Development (LEAD)
  3. Goals, Strategies, Measures

    1. Maintain an aggregate DART rate for participants at or below the national average listed by the Bureau of Labor Statistics for the construction industry, which was 2.1 for 2010.
      Provide ongoing construction safety training specifically in the OSHA Four Focus areas and including drug awareness education.
      Aggregate DART rate for participants
    2. Increase the number of companies that implement effective safety and health programs.
      Encourage participation in the partnership which requires outstanding safety and health programs.
      Number of companies that participate in the partnership.
    3. Maintain an average Workers Compensation Experienced Modification Rate (EMOD) below one.
      Train and encourage daily self-inspections.
      EMOD aggregate less than .95
  4. Kanawha Valley Builders Association Commitment/Pledge

    1. KVBA will administer this partnership program, as outlined herein, and will serve as the principle safety resource in support of KVBA members, and:
      1. Act as liaison for members with OSHA. Members will be able to call KVBA with questions and KVBA will contact OSHA for responses.
      2. Offer on-going, quality training on topics of importance for members, specifically the focused areas such as fall protection, scaffolding, trenching, etc.
      3. Provide tool box talks to members to assist with their training efforts. Members can use these for site-specific and topical training. To further this effort, KVBA, through the LEAD Program, will be developing a prepackaged Safety Awareness Program that includes tool box talks as well as specific safety slogans and novelty gifts.
      4. Provide up-to-date informational materials and brochures to KVBA members, i.e: (from OSHA, the Bureau of Workers Compensation ("BWC"), Associated General Contractors ("AGC"), and similar organizations). KVBA will secure pertinent publications from all available sources and provide such materials to members upon request, thus helping to save them the time and effort to secure this material.
      5. Organize and provide OSHA's interpretations of major standards as well as local inspection perspectives. Providing this information to members will help them understand and properly interpret standards.
      6. Develop safety training criteria for all levels of construction as needed. This will help to define and better clarify what OSHA accepts as adequate training for superintendents, supervisors, foremen, and every level of construction worker.
      7. Work with OSHA to use the above established training criteria developed for implementation in KVBA's LEAD Program where member companies, that agree to partner, can begin this defined training program for their employees.
      8. Develop written safety and health policies and procedures for members including emphasis on company / employee responsibilities.
      9. Administer the overall partnership program, including, but not limited to the initial conduct and evaluation of the partnership applications to determine whether the contractor meets the criteria specified within this partnership initiative. Information to be considered by KVBA will include pertinent company information, i.e., demonstrated safety and health program, training commitments, OSHA citation history, fatalities, injury/illness experience, and similar factors. (Reference Section VII)
      10. KVBA will notify OSHA on a regular and recurring basis with the names of contractors who have met the partnership criteria..
      11. KVBA will conduct an annual evaluation to determine the impact and effectiveness of this partnership with OSHA. OSHA will support KVBA and its activities to increase safety efforts for KVBA members and, as resources permit, will recognize contractor partners as having pro-active safety and health intervention programs.
      12. KVBA will put a link to the WV Department of Labor's Consultation's Program on their Web site.
      13. KVBA will encourage employers to utilize the Sate Consultation Program.
      14. The KVBA Partnership Committee will review performance records of member applicants to determine if they meet the following criteria for exemplary safety performance in order to qualify for participation status:
      15. Comprehensive safety and health programs with daily job site inspections. *Tracking of hazards abated is not required.
      16. Maintain a 2.5 or lower DART rate (cases with days away from work, job-transfer or restriction).
      17. Work to maintain an Experienced Modification Rate (EMR) at one or below with an average goal of 0.95.
  5. OSHA's Commitment/Pledge

    1. For participants, OSHA will:
      1. Assist KVBA in the development of criteria to be used for the Safety Training Institute.
      2. Provide an OSHA Representative to meet with KVBA membership on a regular basis (e.g. bi-monthly) to discuss current job site findings, current violation trends and possible options/corrective measures to eliminate hazards.
      3. Share information on current violations and statistics, including relevant interpretations, proposed standards and similar information which may be of interest to KVBA membership (for possible publication in KVBA mailings to its members).
      4. Recognize and consider KVBA safety training programs when inspecting job sites of partnering members, consider the extent of employee training and instruction and the KVBA member's safety and health program.
      5. Where participating members have established and implemented a comprehensive safety program (such as referenced in FRN 54:3904-3916," Safety and Health Program Management Guidelines," January 26, 1989 and/or American National Standards Institute ("ANSI") A 10.38, "Basic Elements of an Employer Program to Provide a Safe and Healthful Work Environment"), including the appropriate monitoring/ presence of a competent person(s) (as defined within 29 CFR 1926.32(f)), ensuring program enforcement, employee involvement and effectively training their employees and supervisors (e.g. utilizing LEAD's safety training program or equivalent training), OSHA will focus and limit the scope of its inspection to the four primary groups of hazards which account for most fatalities and injuries in the construction industry: falls, electrical hazards, caught in/between hazards, and struck-by hazards.
      6. OSHA, KVBA and OSHA Consultation will proactively work to promote the Consultation Program and increase its usage among both active partners and other members of KVBA.
    2. Participating contractors who have demonstrated exemplary safety performance and exemplary safety programs, will be included in the above stated commitments and OSHA will:
      1. Not issue penalties for other-than-serious violations, provided the violations are immediately abated. OSHA reserves the right to issue penalties for regulatory violations for which mandatory penalties are established pursuant to the policy set forth in the Field Operation's Manual (FOM).
      2. Limit the scope of the inspection to the "Focused" issues in construction industry: fall protection, electrical, caught in/between, and struck-by hazards.

      Note: Contractors electing to participate in this agreement as a partner are not subject to requirements beyond what is mandated by existing OSHA regulations or policy.

  6. OSHA Investigations

    In addition to participants being subject to OSHA scheduled inspections, OSHA personnel will continue to conduct investigations resulting from formal complaints, referrals, fatalities, catastrophes, other accidents or significant events. These investigations will be conducted outside of this partnership agreement and in accordance with established OSHA enforcement policy.

  7. Commitment by KVBA Members

    Contractors, who are KVBA members, participating in this partnership must:

    1. Sign a letter of agreement with KVBA indicating their intent to participate in this partnership initiative, and request recognition by KVBA and OSHA
    2. Certify that their company has not been cited by the Charleston OSHA office within the past three (3) years for alleged violations classified as "willful", "repeat", "unclassified", or a serious citation exceeding $4,000.00.
    3. Verify that a comprehensive written Safety and Health Program is in place which is at least equivalent to the criteria referenced in Section V. A. 6. This is the minimum established criteria for participation, and shall include the KVBA member's implementation of policies and procedures to ensure that safety rules and procedures are enforced at their jobsites.
    4. Insure that policies are in place to hold supervisors and employees accountable for following established safety rules and OSHA regulations.
    5. Provide the level of training required by OSHA regulations to their employees either through KVBA, their own training personnel or other consultant / trainers.
    6. Strive to have all jobsite managers and all competent persons complete the OSHA 30-hour course for the construction industry (or its equivalent). Records of training certification will be provided to KVBA and made available for review.
    7. Strive to ensure that all non-supervisory personnel engaged in construction activities complete the OSHA 10-hour course for the construction industry (or its equivalent).
    8. Agree that employees will receive a 2-hour safety orientation when hired unless already trained. Full-time employees on the job after six months will receive the remaining necessary training. Summer employees and interns will receive the 2-hour safety orientation, but will be exempt from the 10-hour or equivalent requirement as identified in this partnership agreement (summer and intern employees are limited to 90 days of employment).
    9. Provide periodic safety related data or statistics to KVBA concerning such issues as man-hours worked lost work day injuries, accident records and OSHA inspection results. KVBA will provide a summary and analysis of pertinent safety related information to OSHA for review. The purpose of such summary information will assist in preparing an annual report necessary for evaluating the goals of the partnership and making recommendations for continuous improvement.
    10. Provide for daily self-inspections.
  8. Employer/Employee Rights

    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 rules and regulations adopted pursuant to the OSH Act.

  9. Termination

    This agreement will terminate two (3) years from the date of the signing. If either OSHA or KVBA wishes to withdraw their participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.

    For non-signatory participants of the strategic partnership, OSHA may terminate the participant's involvement at any time with written notice. Additionally, the participant may withdraw their participation from the strategic partnership at any time with a written notice of the intent to withdraw to OSHA.

    Any party may propose modification or amendment to the partnership agreement subject to concurrence by the other partner.

  10. Evaluation

    This partnership will be evaluated yearly by all participants using the format in Appendix A. Such evaluation may include criteria such as, but not necessarily limited to, contractor DART rates and workers compensation experience modification rates, etc.

    KVBA's evaluation will include a comparison of the contractor's experience modification rates with the industry average, and will also compare the contractor's DART rates with the latest available Bureau of Labor Statistics data for the contractor's SIC/NAICS code. As outlined previously, KVBA will provide a summary of this information to OSHA.

    Following implementation of the partnership agreement, and annually thereafter, all participating contractors shall submit this data to KVBA so that DART rates can be monitored and measured. Such information will be used as an ongoing evaluation tool helping to gauge the effectiveness of the program and will be used to compile the annual evaluation as noted above. It is anticipated that OSHA's onsite evaluation of the effectiveness of this partnership agreement will occur during the normal course of compliance investigations and onsite inspections consistent with the criteria specified within this partnership agreement.

  11. Paperwork Reduction Act:

    Paperwork Reduction Act Notice Form Approved MB# 1218-0244 expires 06-30-2015. Public reporting burden for the time needed to develop the Partnership requirements, craft agreement language, and conduct an internal review process is estimated to be an average of 11 burden hours per respondent.

  12. Partnership Contacts:

    OSHA: Richard Jeffrey, Compliance Assistant Specialist, Charleston Area Office, Room 407, 405 Capitol Street, Charleston, WV 25301-1727, 304-347-5937.

    West Virginia OSHA Consultation: Carla Campbell, Project Manager, West Virginia Department of Labor, Capitol Complex Building #6, 1800 East Washington Street, Room B-749, Charleston, West Virginia 25305, (304) 558-7890.

    KVBA: Lynn Wade, LEAD Administrator, 1627 Bigley Avenue, Charleston, WV 25302 (304) 342-7141.

    Signature page for Strategic Partnership renewal between the Occupational Safety and Health Administration, Charleston, West Virginia Area Office, State Consultation Program and the Kanawha Valley Builders Association (KVBA).

    This letter is to serve as a partnership renewal agreement between the Occupational Safety and Health Administration, West Virginia State Consultation Program and Kanawha Valley Builders Association. By signing this letter the partnership agreement is extended to August 2016. In addition, all signatories agree to the modifications under Chapter IV.A.13 and Chapter VII. B.


  • Prentice Cline
  • Area Director
  • Charleston Area Office


  • James Cerra
  • Executive Director
  • Kanawha Valley Builders Association


  • Carla Campbell
  • Project Manager
  • OSHA Consultation
  • West Virginia Division of Labor USDOL/OSHA
  • Charleston Area Office


  • Jim Carney
  • President
  • Kanawha Valley Builders Association


  • Richard Jeffrey
  • Compliance Assistance Specialist


  • Jim Smith
  • LEAD Employer Chairman
  • Labor and Education and Development
  • Program (LEAD)


  • Lynn Wade
  • LEAD Administrator
  • Labor and Education and Development
  • Program (LEAD)


Appendix A

OSHA Strategic Partnership Program

Annual Partnership Evaluation Report

Cover Sheet


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

Partnership Name
Purpose of Partnership
Goal of Partnership
Goal Strategy Measure
Anticipated Outcomes
Strategic Management Plan Target Areas (check one)
Construction   Amputations in Manufacturing  
General Industry      
Strategic Management Plan Areas of Emphasis (check all applicable)
Amputations in Construction   Oil and Gas Field Services  
Blast Furnaces and Basic Steel Products   Preserve Fruits and Vegetables  
Blood Lead Levels   Public Warehousing and Storage  
Concrete, Gypsum and Plaster Products   Ship/Boat Building and Repair  
Ergo/Musculoskeletal   Silica-Related Disease  
Landscaping/Horticultural Services      


Section 1 General Partnership Information

Date of Evaluation Report  
Evaluation Period:
Start Date   End Date  


Evaluation OSHA Contact Person  
Originating Office  


Partnership Coverage
# Active Employers   # Active Employees  


Industry Coverage (note range or specific SIC and NAICS for each partner)


Section 2 Activities Performed

Note whether an activity was provided for by the OSP and whether it was performed
  Required Performed
a. Training    
b. Consultation Visits    
c. Safety and Health Management Systems Reviewed/Developed    
d. Technical Assistance    
e. VPP-Focused Activities    
f. OSHA Enforcement Inspection    
g. Offsite Verifications    
h. Onsite Non-Enforcement Interactions    
i. Participant Self-Inspections    
j. Other Activities    


2a. Training (if performed, provide the following totals)
Training session conducted by OSHA staff  
Training session conducted by non-OSHA staff  
Employees trained  
Training hours provided to employees  
Supervisors/managers trained  
Training hours provided to supervisors/managers  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2b. Consultation Visits (if performed, provide the following total)
Consultation visits to partner sites  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2c. Safety and Health Management Systems (if performed, provide the following total)
Systems implemented or improved using the 1989 Guidelines as a model  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


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

2d. Technical Assistance (if performed, note type and by whom)
  Provided by OSHA Staff Provided by Partners Provided by Other Party
Conference/Seminar Participation      
Interpretation/Explanation of Standards or OSHA Policy      
Abatement Assistance      
Other (specify)      
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2e. VPP-Focused Activities (if performed, provide the following total)
Partners/participants actively seeking VPP participation  
Applications submitted  
VPP participants  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2f. OSHA Enforcement Activity (if performed, provide the following totals for any programmed, unprogrammed, and verification-related inspections)
OSHA enforcement inspections conducted  
OSHA enforcement inspections in compliance  
OSHA enforcement inspection with violations cited  
Average number of citations classified as Serious, Repeat, and Willful  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2g. Offsite Verification (if performed, provide the following total)
Offsite verifications performed  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2h. Onsite Non-Enforcement Verification (if performed, provide the following total)
Onsite non-enforcement verifications performed  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2i. Participant Self-Inspections (if performed, provide the following total)
Self-inspections performed  
Hazards and/or violations identified and corrected/abated  
Comments/Explanations (briefly describe activities, or explain if activity provided for but not performed)


2j. Other Activities (briefly describe other activities performed)


Section 3 Illness and Injury Information

Year Hours # of Days Away from Work Restricted and Transferred Activity Cases DART
Three-Year Rate (2009-2011)  
BLS National Average for 2007 2.8
Baseline     2.8




Section 4 Partnership Plans, Benefits, and Recommendations

Changes and Challenges (check all applicable)
  Changes Challenges
Management Structure    
Data Collection    
Employee Involvement    
OSHA Enforcement Inspection    
Partnership Outreach    
Other (Specify)    


Plans to Improve (check all applicable)
  Improvements N/A
Meet more often    
Improve data collection    
Conduct more training    
Change goals    


Partnership Benefits (check all applicable)
Increased safety and health awareness  
Improved relationship with OSHA  
Improved relationship with employers  
Improved relationship with employees or unions  
Increased number of participants  
Other (specify)  


Status Recommendations (check one)
Partnership Completed  
Continue with the following provisions:  
Terminate (provide explanation)  
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