Partnership #861 - Agreement - May 28, 2015

United States Department of Labor
Occupational Safety & Health Administration
St. Louis and Kansas City Area Offices
May, 2015
Partnership Agreement
Home Builders' Association
of St. Louis and Eastern Missouri
[Residential On-Site Safety Initiative (ROSSI)]

  1. Identification of Partners

    The Home Builders Association of St. Louis & Eastern Missouri (HBA) and the Occupational Safety and Health Administration (OSHA), including the St. Louis Area Office and Kansas City Area Office, in conjunction with the Carpenters' District Council of Greater St. Louis & Vicinity (CDC) 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).

    The ROSSI Partnership agreement was first signed on February 8, 2005, and renewed on August 21, 2006 and on November 10, 2008, March 8, 2012, and March 2015. This new partnership agreement will build upon the success of the previous partnership.

  2. Purpose/Scope

    This agreement establishes a partnership between OSHA and the Home Builders Association of St. Louis & Eastern Missouri in conjunction with the CDC 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 CDC 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 Partnership 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 and 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' 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 CDC and by the OSHA St. Louis Area Office.

  3. Goals/Strategies and Performance Measures

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

    Goal Strategy Measure
    The annual goal of this partnership is to reduce the injuries/illnesses reported to an aggregate rate that is below the most current Bureau of Labor Statistics (BLS) National Average. Frequent jobsite inspections utilizing a system developed by the Partnership Members. Site specific orientations for every employee and additional training as needed OSHA injury/illness data-Total Case Incident Rate (TCIR), Days Away, Restricted or Transferred (DART) Rate, and Days Away From Work (DAFW) Rate; Downward Trend in injuries due to falls and reduced near misses, as evidenced by decreased DART rate. The baseline for the partnership will be the 2013 BLS National Average for 2361, Residential Building Construction, which is TCIR = 4.0, DART = 2.5, and DAFW = 1.7.
    Management Commitment and Employee Participation Adherence to each company's safety program, (i.e., Jobsite Pre-Planning Meetings, Substance Abuse Policy, etc.)
    Quarterly safety meeting for member companies.    		 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 10/30-Hour OSHA Training requirements; Individual partners conduct Tool Box Talks and other jobsite training including Focus Four 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 (including site inspections, safety and health program review, and mishap investigations) 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 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 and reduced near misses.
    4. The Group aggregate TCIR, DART, and DAFW Rates will be compared to the 2013 (serving as the baseline) and the most currently published Bureau of Labor (BLS) National Average for residential construction (NAICS 2361).
  4. Annual Evaluation

    The partnership will be evaluated annually utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-003 (dated November 6, 2013). This data will be provided to the St. Louis OSHA Area Office and subsequently to the Regional Office. The injury/illness data will be collected and reported on a calendar year basis.

  5. OSP Benefits/Incentives
    1. Special recognition from OSHA, HBA & CDC designating the member/employer as a participant of the ROSSI Partnership.
    2. ROSSI partnering contractors will not receive penalties for other than serious violations from OSHA, provided that the violation is abated during the inspection.
    3. ROSSI partnering contractors will be eligible to receive the maximum reductions allowed by the OSHA CPL 02-00-150, Field Operations Manual (FOM) dated April 22, 2011, for good faith for penalties assessed for OSHA violations. Note: In the event that the FOM is revised, the most current FOM will be utilized.
    4. Participating contractors will receive a certificate or letter of participation from the St. Louis and Kansas City Area OSHA Office.
  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 on-site verification inspections of participating employers will be performed when a respective jobsite receives an OSHA enforcement inspection for any reason, programmed or unprogrammed. Note that OSHA will not implement any scheduling of a participating contractor for an on-site enforcement verification inspection over and above that which would be experienced by a non-partnership site. The inspection will be conducted in accordance with the FOM and the focused inspection policy. These inspections will use "Focused Inspection" initiative policy {OSHA Memorandum from James W. Stanley, Deputy Assistant Secretary, "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 and any serious hazards in plain view. 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".
    4. Off-site verifications, performed by the Association and/or the OSHA representative (ROSSI Partnership Steering Committee), may be performed to ensure participating employers are meeting the requirements of the partnership agreement. The off-site verifications will generally be performed during the application/renewal process and during the annual evaluation and review of participating employers' submitted injury/illness data and safety activities.
  7. OSP Management and Operation/Implementation

    Participating Contractors:

    1. Contractors seeking participation in this Partnership program must have read this Partnership agreement in full and signify agreement to all the requirements herein, upon application to Home Builders Association and OSHA St. Louis and Kansas City Area Offices.
    2. The St. Louis HBA will appoint a ROSSI Partnership Steering Committee consisting of two Builders, two Subcontractors, and two Carpenters' District Council of Greater St. Louis & Vicinity representatives (CDC), 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.
    3. A Quarterly Safety Meeting for member companies will be held.
    4. A Quarterly Safety News Letter will be developed.
    5. Applications may be submitted at the beginning of each month. A 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.
    6. The CDC will conduct training (10-hour OSHA Course), with emphasis on residential construction.
    7. The 30-Hour Course for the Construction Industry will be held and made available to Supervisory level employees.
    8. Focus Four Training (Falls, Electrical, Struck-by, Caught-in/between) will be held and made available to employees.
    9. A member/employer seeking participation in the ROSSI 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 accepted 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 "ROSSI Partnership Application Form."
      8. Have regular jobsite safety inspections conducted by a competent person and documented.
      9. Conduct and document investigation of accidents.
      10. Have no willful violations or repeated serious violations issued within the past two years.
    10. 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 verification inspection shall make a pass or fail recommendation to the Partnership 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.
      4. 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.
      5. 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 Partnership Steering Committee with the third party doing 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.
      6. 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.
      7. A member/employer, once approved by the third-party administrator and Partnership Steering Committee will be periodically evaluated in the field by the third-party administrator. The HBA and third-party administrator will determine when these audits will occur. If the member/employer is found in violation of non-life threatening violations the following disciplinary policy applies prior to termination.
        1. First violation a verbal warning unless it's a serious violation from the Partnership Steering Committee to the member/employer. Documentation of the warning will be kept on file.
        2. Second violation or repeat will result in a written warning from the Partnership Steering Committee. Proof of abatement must be sent to the Partnership Steering Committee in writing with pictures showing correction of the violation. The second violation will require the member/employer to have a follow-up field audit by the third-party administrator at the employer's expense.
        3. Third violation will result in an additional written warning from the Partnership Steering Committee. The third violation will require the member/employer to meet the Partnership Steering Committee and explain why 3 violations have been found within a 12 month period. This could lead up to suspension and including termination from the partnership.
        4. It shall be up to Partnership Steering Committee whether to terminate with the above mentioned terms.

    Safety 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. This third-party administrator is paid for by the applicant. 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 ROSSI Partnership program must have a safety and health program that meets the following criteria:

    1. Job-Site Requirements:
      1. Regular job-site safety inspections by the employer/management designated safety person.
      2. Current job-site and health program enforced and documented.
      3. The member/employer shall have a job-site system to recognize and abate safety and health hazards before work commences.
    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 - Training on typical residential job-site and industry safety and health hazards. This includes a formal, new employee safety and health orientation.
    4. Conduct and document weekly/monthly/quarterly toolbox safety training.
    5. 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.

    OSHA:

    1. OSHA on-site enforcement verification inspections will be conducted in accordance with the FOM and the focused inspection policy covering the focused four construction hazards and violations in plain view.
    2. OSHA Compliance Assistance Personnel from the St. Louis Area Office may assist the Partnership with off-site safety and health training, and/or in off-site non-enforcement verifications.
    3. OSHA Compliance Assistance Personnel from the St. Louis Area Office may participate in the ROSSI Partnership Steering Committee meetings.
    4. OSHA will give priority to sites when technical assistance is requested
    5. OSHA will ensure that the Partnership is evaluated annually; and, the evaluations will include data used to monitor the success of the Partnership efforts.
    6. 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, nor does it abrogate any responsibility to comply with the Act.

  9. Term of OSP
    1. The ROSSI Partnership will be in effect 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. Any party participating in ROSSI Partnership may withdraw from the agreement at any time after submitting notification of intent to the other partners by providing a 30-day written notice to the other members 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 Partnership partners are the Home Builders Association of St. Louis and Eastern Missouri, the Carpenters' District Council of Greater St. Louis & Vicinity and the St. Louis and Kansas City OSHA area offices.

    This partnership will expire on January 1, 2018

    Signed this __________ day of April 2015

     

    Gene Stumpf III
    President
    Home Builders Association of
    St. Louis & Eastern Missouri

     

    Bill McDonald, CSP
    OSHA Area Director, St. Louis Area

     

    John Gaal
    Carpenters' District Council of Greater St. Louis
    and Vicintiy

     

    Barbara Theriot
    OSHA Area Director, Kansas City Area

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