Table of Contents
The Northeast Ohio Union Construction Industry “ELITE” Partnership
Table of Contents
I. Executive Summary
II. Northeast Ohio Union Construction Industry Elite Partnership
III. Signatures
Appendix A - Goals and Strategies Matrix
Appendix B - Performance Measures Matrix
Appendix C - Evaluation of Partnership Matrix
Appendix D - Elite Partnership Level Benefits Diagram
Attachment A - Construction Safety Council Application
Attachment B – CSCNEO First Half Semi-Annual Report
Attachment C - CSCNEO Second Half Semi-Annual Report
Attachment D - Safety Incentive Program Contractor Safety Award Application
Attachment E - Partnership Overview Tool Box Guide
Attachment F - Site Safety Evaluation
Attachment G - Safety Incentive Program Contractor Safety Award Evaluation
Attachment H - Site Safety Evaluation Report
I. Executive Summary
- Mission and Goals
Working as partners, the Northeast Ohio union construction industry, along
with the Cleveland, Ohio Area Office of the Occupational Safety and Health
Administration (OSHA), have a common mission or goal: to achieve measurable,
meaningful improvements in construction worker safety. Through continuous
communication, sharing of information, recognition, and performance
evaluation, the Partners aim to assist contractors in meeting the goal.
- Explanation of Levels
The Partners propose to meet the goal through a tiered, 3-level process:
- One Hard Hat Level (Information): provide information and communication
through the existing Alliance between OSHA and the Construction Safety Council
of Northeast Ohio (CSCNEO). Participants will become members of the CSCNEO.
- Two Hard Hat Level (Recognition): recognize those contractors that can meet
certain benchmarks and demonstrate performance above the minimums through
qualification for the Contractor Safety Award of the Safety Incentive Program
of Northeast Ohio (SIP); and
- Three Hard Hat Level (Evaluation): these “ELITE” contractors are the best
of the best. They have further illustrated their safety efforts by
implementing elements of an effective Safety Management System through written
safety policies, established lines of communications, safety inspections,
accident investigations, and advanced training. The ELITE contractors, for
instance, will be granted the maximum allowable good-faith effort discount on OSHA citations, will benefit from focused programmed inspections, and will not
be cited for “other-than-serious” items that are immediately abated.
This hierarchy is illustrated in the flow chart on Page 2.
Each level has special requirements, submittals, and attendance criteria, but
they are not repetitive.
Contractors who reach the ELITE partner level within the first 2 years of this
Agreement are committed to participate for 3 consecutive years, even if they
miss a benchmark that would otherwise make them ineligible. This would allow
the contractor to correct the deficiency in subsequent years.
- Next Step for Contractors
The process begins with reviewing Section II of this document which explains
in more detail the steps to be an ELITE partner.
Three Hard Hat Level
(Evaluation)
|
 |
Participate in OSHA Interview
Submit to and pass initial and annual site safety evaluation
Conduct 3 site safety evaluation per jobsite and submit one (1) monthly
self-performed site safety evaluation for your company
Within one year of joining, all workers with 10-Hr Outreach class and all
supervisors with 30-Hr Outreach class |
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|
  |
 |
|
Optional Programs |
Two Hard Hat Level
(Recognition)
|
Northeast Ohio Construction
Labor and Management Safety Incentive Program |
Apply for Contractor Safety Award by March 1st
Meet minimum qualification for Contractor Safety Award for the initial
application year
Apply for Contractor Safety Award each year for remaining term of
Partnership |
|
|
One Hard Hat Level
(Information) |
 |
Apply prior to July 31st
Attend at least 10 CSCNEO meetings |
II. Northeast Ohio Union Construction Industry Elite Partnership
- IDENTIFY PARTNERS
- Active Partners
- Construction Safety Council of Northeast Ohio (CSCNEO).
- OSHA Cleveland Area Office
- The Northeastern Ohio Construction Labor and Management Safety Incentive
Program
- Any Employer that is a member of one of the Sponsoring Organizations
- Sponsoring Organizations
- Construction Employers Association (CEA)
- Construction Industry Service Program (CISP)
- Mechanical and Plumbing Industry Council (MPIC)
- PURPOSE / SCOPE
Working as partners, the above parties are committed to achieve measurable,
meaningful improvements in construction worker safety, using the following
blueprint:
- It is the objective to design, and build an open and continuous
communication channel between OSHA and the Construction Industry in Northeast
Ohio, through the CSCNEO.
- Actively research, share and address the top safety and health issues for
the construction industry as a whole and how those issues will affect
partnering contractors. This includes technology, innovations and best
practices that provide measurable improvement in construction worker safety.
These will be shared with the CSCNEO members at the monthly breakfast
meetings.
- Continuously develop, build and share improved, effective safety programs
for the construction industry.
- Yearly recognize and promote contractor achievements in safety through the
Safety Incentive Programs Contractor Safety Award.
- Through consequential and honest communication ensure that enforcement
policies and practices are consistent, fair and effective.
- Understand that any and all parties to this Charter may withdraw from this
agreement 30 days following submission of written notification of intent to
withdraw.
- Creation of an “Elite Partnership Committee” with representatives from the
sponsoring organizations, active partners, and OSHA that meets quarterly.
- GOALS/STRATEGIES
It is the goal of this Partnership to effectively increase the level of safety
and health of those employers who choose to participate at all levels of this
Partnership. To achieve these goals the Partnership will increase
accessibility to quality safety training and education materials along with
current safety and health issues and trends, thereby raising safety awareness
for both employee and employer.
The Partnership will evaluate the effectiveness of safety and health
strategies of those employers choosing to participate through the Safety
Incentive Program’s Contractor Safety Award, and will require an initial and
annual random site-safety inspection along with monthly site-safety
self-inspections. (refer to Appendix A for further details on the exact goals
and the strategies utilized to accomplish those goals).
- PERFORMANCE MEASURES
The basic performance measure is to increase implementation of effective
safety and health programs through training, annual Elite Partnership
Committee Inspections and required monthly self-inspections. To make this
effort as smooth as possible, please refer to Appendix B for the exact details
as to what is expected of the contractor at each level of this Partnership and
what will be evaluated.
- EVALUATION
This program will be evaluated yearly to verify that the stated goals are
being accomplished. (Refer to Appendix C for the specific measures that will
be evaluated to determine if the goals of this partnership are met).
- BENEFITS (please refer Appendix D - Elite Partnership Benefit Guide)
Outreach, Technical Assistance and Training:
- Free onsite services may be provided by OSHA Onsite to qualifying partners.
- OSHA personnel will be made available for offsite activities, such as the
review of the safety and health management system (SHMS), providing assistance
to develop or to improve upon the SHMS, and offering guidance in conducting
audits and evaluations. Priority will be given to partners in scheduling these
services.
- OSHA will be available (as the schedule permits) to provide updates and
entertain questions at the monthly CSCNEO meetings, and at other seminars,
workshops, and other speaking events.
- Informational materials, such as safety and health brochures, pamphlets,
and electronic tools will be available to partners through the local Cleveland OSHA office.
- Participating partners will be recognized at a Partnership luncheon event
attended by OSHA and the sponsoring organizations.
OSHA Enforcement Benefits (These benefits are only available to contractors
that have met all the requirements for the Three Hard Hat Level.)
- Participating employers will not be cited for other-than-serious violations
that are abated “on the spot.”
- OSHA inspections will be conducted for imminent danger, national and local
emphasis programs, fatalities/catastrophes, or formal complaints. Non-formal
complaints will be addressed through the phone/fax process.
- Formal complaints may be handled by the phone/fax process, if the
complainant agrees.
- For inspections resulting from formal complaints, the inspection will only
address the complaint items and those hazards in-plain-view.
- Participating employers will receive the maximum allowable good-faith
discount (up to 35%). This additional reduction will not apply to high gravity
serious, willful, failure to abate or repeat violations.
- The OSHA Area Director will meet with participating employers to address
their role in the Partnership.
- If minor problems are found during inspections (fire extinguishers not
properly hung, etc.), OSHA may review the participating employer’s records and
provide limited onsite training as needed.
- All Programmed Inspections will normally be of limited scope (focused)
inspections. OSHA may expand the scope of the inspection based on information
gathered during the inspection process (see Field Inspection Reference Manual,
Chapter II. A1.b).
- During OSHA inspections of employers not participating as partners to this
Partnership, Partnership contractors/subcontractors will not normally be
included in the inspection process unless the OSHA Compliance Safety and
Health Officer (CSHO) observes or determines that, as a result of the
Partnership contractor’s actions, employees are exposed to serious hazards
such as, but not limited to, falls, electrical hazards, caught in/between, and
struck-by hazards.
- Partnership participant’s jobsites within the Cleveland Area Office’s
jurisdiction will be exempt from the University of Tennessee’s programmed
inspection list within the next 12 months after the completion of a successful OSHA onsite enforcement verification inspection.
- VERIFICATION PROCEDURES (These procedures only apply to contractors that
are participating at the Three Hard Hat Level.)
Offsite Verification:
OSHA will verify that participants are upholding their responsibilities under
the Partnership agreement through the:
- Verification of the participant’s current status in the CSCNEO, and their
attendance at monthly meetings.
- The CSCNEO will confirm current status and attendance record for all members
wishing to participate.
- Review of the partnering contractor’s Contractor Safety Award
Injury/illness data.
- The Safety Incentive Program will collect all data and give a summary of the
data to OSHA annually for review.
- Acceptance of the Letter of Intent to Participate.
- The Elite Partnership Committee will collect all Letters of Intent and
forward the originals to the Cleveland OSHA office.
- Initial entrance interview with contractor upper management and designated
representatives will be conducted by OSHA after the Letters of Intent are
forwarded to the Cleveland OSHA office.
Onsite Non-enforcement Verification:
Non-enforcement interactions/verifications will be conducted with the partners
to discuss and review their worksites and their progress within the OSHA
Strategic Partnership.
These non-enforcement interactions/verifications will occur as an initial
entry verification, and as a follow-up annually. These onsite non-enforcement
verifications will be conducted by the Sponsoring Organizations (SO) without
OSHA involvement, and the SO will utilize the Site Safety Evaluation Form
(Attachment F).
The following OSHA Strategic Partnership’s onsite non-enforcement verification
procedures are listed below:
- Upon initial application, the partnering contractors will submit the names
and locations of the three (3) largest man-hour projects currently active. An
initial onsite non-enforcement verification will be scheduled within 60 days,
and it will be conducted by the Sponsoring Organizations without OSHA’s
involvement.
- Annually, not less than 25% of the partnering contractors will receive one
follow-up onsite non-enforcement verification performed by the Sponsoring
Organizations. Upon request from the Sponsoring Organizations, partnering
contractors will submit the three (3) largest man-hour projects currently
active. This verification inspection will be in addition to the initial
entrance Site Safety Evaluation.
- Employees and/or employee representatives may be interviewed onsite during
the inspection with minimum disruption to their work performance.
Onsite Enforcement Verification:
OSHA will conduct onsite monitoring inspections to validate “Elite” member’s
compliance with this agreement. It is anticipated that at least 5% and not
more than 10% of the Partnership’s members will be audited through normal
inspection activity during the year.
However, if 5% is not performed through normal inspection activity, OSHA will
randomly select contractors and sites from a list of active current jobsites
and company locations. Normally, only one monitoring inspection per member may
be performed annually, unless a follow-up is required.
CEA representatives will be telephonically notified by either the OSHA Area
Director or the Construction Team Leader of the selected site location and
contractor prior to the site monitoring inspection. As a courtesy, an
Association representative may be invited to accompany the Compliance Office
on the monitoring inspection. This inspection will be “no notice” and normally
will be focused.
- MANAGEMENT AND OPERATION OF THE PARTNERSHIP
All participating organizations will be responsible for the overall success of
this partnership. To that end:
- The Construction Safety Council of Northeast Ohio will take responsibility
for the monthly meeting.
- The Elite Partnership Committee will take responsibility for the collection
of the Letters of Intent to Participate and will forward them to OSHA.
- The Safety Incentive Program will take responsibility for distribution,
collection and evaluation of the SIP Contractor Safety Awards.
- The Cleveland OSHA office will be responsible for the 3 Hard Hat Level
participant interviews.
- The Sponsoring Organizations (without OSHA’s involvement) will be
responsible for conducting the initial and annual Site-Safety Evaluations.
- The Cleveland OSHA office will be responsible for final acceptance of
contractors into the “Elite” level of the Partnership.
- Partnering contractors will be responsible to conduct the required monthly
Site Safety Evaluations and forward them to the Elite Partnership Committee.
- The Primary Contact for this “Elite” Partnership will be Eric Peterson,
Compliance Assistance Specialist for the Cleveland Area OSHA Office, and
Walter Visage, Assistant Area Director.
- EMPLOYEE AND EMPLOYER 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 Act.
- PARTNERSHIP TERM
This agreement will terminate on ________, which is five (5) years from the
date of the signing. If any signatory of this agreement wishes to terminate
their participation prior to the established termination date, a 30 day
written notice of the intent to withdraw must be provided to all other
signatories.
Participation will be terminated if one or more of the following occurs:
- A site inspection reveals eligibility requirements are not being met.
- A participant has falsified information on the application or supporting
records.
- The participant takes other such actions that may be determined to be
grounds for termination by the OSHA Area Director.
- If OSHA chooses to withdraw its participation in the Partnership, the
entire agreement is terminated. Any party may also propose modification or
amendment to this agreement.
- APPLICATION PROCESS
The following steps should be followed each and every year of this
partnership. It should be noted that this is a three year commitment from the
contractor unless notice is given to withdraw from this partnership.
- One Hard Hat Level
- Fill out and return an application for membership (Attachment A) in the
Construction Safety Council of Northeast Ohio (CSCNEO). Those contractors that
whish to receive a discount from BWC must apply prior to July 31 of each year.
- Submit first half Semi-Annual Report to the CSCNEO prior to July 15 of each
year (Attachment B).
- Submit second half Semi-Annual Report to the CSCNEO prior to January 15 of
each year (Attachment C).
- Two Hard Hat Level
- Submit the Safety Incentive Program’s Contractor Safety Award Application by
March 1 of each year (Attachment D).
- Qualify for the Safety Incentive Program’s Contractor Safety Award
(Attachment G)
- Submit your company’s OSHA 300 and 300A forms.
- Three Hard Hat Level
- Submit Letter of Intent by March 1 of each year.
- Make commitment to participate for a three year period.
- Train all supervisory personnel in the aspects of this partnership utilizing
the Sponsoring Organizations and OSHA’s jointly developed training program.
- Give to all employees and new hires the Partnership Overview Tool Box Guide
(Attachment E).
- Participate in an application interview with the Area Director of OSHA or
his representative.
- Submit your three largest man-power jobs upon application for selection of
initial Site Safety Evaluation (Attachment F).
- Submit your three largest man-power jobs upon request for a random Site
Safety Evaluation conducted by the Elite Partnership Inspection Committee
annually.
- Pass (Attachment H) the Site Safety Evaluation with a minimum of 100 points
- Monthly conduct three (3) Site Safety Evaluations per site and submit one
(1) Site Safety Evaluation per company to the Elite Partnership Committee. No
more than three (3) Site Safety Evaluations can be from the same site per
year.
III. Signatures
__________________ |
__________________ |
__________________ |
Rob Medlock
Area Director, OSHA
|
John Porada
Executive VP, CISP |
John Arsena
President, CEA |
__________________ |
______________________ |
Thomas Wanner
Executive Director, MAPIC |
Steve Kinn
Safety Council Manager, CSCNEO |
| __________________ |
______________________ |
William Hocevar
Co-Chair, SIP
Great Lakes Construction Co. |
James Embrescia
Co-Chair, SIP
Electrical Workers IBEW, Union Local 38 |
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