- Identify Partners
The above named groups developed this partnering agreement jointly. 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 State of
Ohio, 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 Allied
Construction Industries (ACI) trade association, their member employers, and
with assistance of the Ohio Area Offices of OSHA, it is believed that through
this cooperative and voluntary program, hazards and serious injuries can be
reduced at Ohio jobsites, and participants will achieve injury and illness rates
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
directly involved or affected by this Partnership have been consulted and
encouraged to provide suggested improvements and further enhancements to this
Partnership initiative.
- Purpose and Scope:
ACI is a trade association focused on commercial construction with over 600
member companies employing more than 30,000 employees representing many aspects
of the construction industry. Members include site construction, concrete,
masonry, metals, wood and plastics, thermal and moisture protection, doors and
windows, finishes, specialties, equipment, furnishings, special construction,
conveying systems, mechanical, electrical and service companies.
ACI’s mission is to provide leadership and opportunities for its members in the
Greater Cincinnati construction community, with a focus to provide the means and
measures to help its members develop and grow. One of ACI’s principal goals (and
a long-standing commitment of the association) is to promote safety awareness,
and serve as a safety resource for its members. This safety commitment includes
information, education, referrals and training.
ACI and OSHA 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 increases, insurance increases, down time,
increases in temporary employee costs, fines, penalties and civil penalties. A
focus on safety is one objective that OSHA and all ACI members have in common.
In 1998, the ACI Board of Directors, realizing the importance of safety for
their members, agreed to increase the organization's commitment and resources to
the safety efforts.
A full-time Safety Director was hired and given the long-term goal of developing
a safety training institute, geared to quality education and training of ACI
members and their employees.
OSHA, along with ACI, has a vested interest in the protection of employees and
in working with other associations and groups to assist in promoting safety.
With limited resources not allowing for inspections at every jobsite and
project, this joint effort by ACI and OSHA will provide an opportunity for them
to reach larger populations, thereby keeping safety in the forefront. Continuing
this Partnership will increase OSHA's visibility within ACI’s membership, and
help to maintain the spirit of cooperation between the two organizations.
This Partnership initially affected a twenty (20) county area in southwestern
Ohio under the jurisdiction of the OSHA Cincinnati Area Office. As a result of
the success of the Partnership, the OSHA Cincinnati Area Office and ACI decided
to expand coverage of this agreement to all of the OSHA Area Offices within the
State of Ohio.
- GOALS
ACI participants in the Partnership will strive to:
- Reduce and/or eliminate serious injuries and illnesses, and provide a safe
and healthy work environment for employees of contractors that participate in
the Partnership.
- Identify the number of partnering members working on projects whose
supervisors and employees have already received OSHA 10 and 30-Hour training.
- Increase the number and the use of safety and health programs and best
practices among participating contractors.
- Increase the number of partnering contractor’s employees and supervisors who
have completed relevant safety training through programs such as orientation,
re-orientation, and monthly safety training that will result in an OSHA 10-Hour
certification.
- Achieve a Total Lost Workday Injury and Illness incident (TCIR) and the Days
Away, Restrictions and Transfers (DART) rate of 15% below the 2007 Bureau of
Labor Statistics’ (BLS) industry average (4.7) for SIC Code 1542 and NAICS
236220 (Commercial construction).
- STRATEGIES
The following are the strategies that will be used in achieving the goals of the
Partnership:
- Each partnering member will conduct frequent jobsite inspections utilizing a
written system developed by ACI and its Partnership members. A written record
will be kept for all such inspections, and annually, the Partnering members will
report to ACI the number of hazards identified and corrected during the
Partnership.
- Each partnering member will conduct site-specific Safety review meetings,
such as tool-box talks, quarterly roundtable meetings, and/or conference calls
among ACI, OSHA and the participating Partnership members shall be documented.
- Each partnering member will train new employees of partnering members on a
two-hour safety orientation after being hired to ensure that 25% of partnering
members’ employees receive the OSHA 10-Hour training courses, and that 25% of
partnering members’ supervisors receive the OSHA 30-Hour courses ; and
- Each partnering member will ensure that other hazard-specific training will
be conducted on an as-needed basis for summer employees and interns, including a
two-hour safety orientation.
- PERFORMANCE MEASURES
- To ensure that the tools are available to measure results, an ACI Safety
Representative will collect the man-hours worked, the Total Case Incident Rate (TCIR),
and the Days Away, Restrictions and Transfers Rate (DART) data annually from
each contractor participating in the Partnership.
- The data will be compared to the rates of the most recently-published Bureau
of Labor Statistics’ (BLS) national averages for construction.
- ACI will collect the following information annually from each partnering
contractor that has associated with the Partnership:
- The number of participants that have a developed and implemented safety and
health programs that include policies and procedures that hold supervisors and
employees accountable for following safety rules and OSHA regulations;
- The number of participating partners that have made improvements to their
safety and health programs as a result of the Partnership;
- The number of employees of each partnering contractors that have received the
OSHA 10 and 30-Hour training, and other hazard-specific training; and
- The number of hazards identified/abated through the written site-safety
audits and monthly safety committee reviews performed by the members of the
Partnership.
- ANNUAL EVALUATION
The Partnership will be evaluated annually by ACI during the duration of the
agreement through the use of the Strategic Partnership Annual Evaluation Format
measurement system, as specified in Appendix C of CSP 03-02-002 (OSHA Strategic
Partnership Program for Worker Safety and Health) directive. The evaluation will
be shared with OSHA.
Following implementation of the Partnership agreement, and annually during the
term of the agreement, all participating contractors shall submit a data form to
ACI so that Total Case Incident Rate (TCIR) and the Days Away Restriction and
Transfer (DART) rates can be measured. Such information will be used as an
ongoing evaluation tool helping to gauge the effectiveness of the program, and
it will be used to compile the annual evaluation that will be shared with OSHA.
It is anticipated that OSHA’s on-site enforcement verification 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 the CSP 03-02-002 directive.
- BENEFITS
- A maximum penalty reduction of 25%, as normally allowed for in the OSHA Field
Operations Manual (FOM) for good faith and history, will be given. When
calculating the initial penalty reduction, OSHA may provide an additional 10%
reduction for good faith beyond the 25% reductions provided for in the FOM,
where the employer, in implementing the OSP, has taken specific significant
steps beyond those provided for in the FOM to implement the Act and achieve a
high level of employee protection (see FOM, Chapter 6-III B 3.d. This additional
reduction will not apply to high gravity serious, willful, failure to abate or
repeat citations. In cases where a partner’s total penalty reduction is 100
percent or more, the minimum penalty provisions of the FOM will apply (see FOM,
Chapter 6-III B 3.d).
- Priority will be given to “phone and fax” investigations of non-formal
complaints in lieu of onsite inspections, except that ACI and its partnering
members will remain subject to OSHA inspections and investigations (including
formal complaints) in accordance with Agency procedures. OSHA will continue to
investigate fatalities and catastrophes that occur at the jobsite.
- The partnering members’ sites will be exempted for six months from the
programmed inspection list upon the successful completion of an OSHA monitoring
inspection.
- Any apparent non-serious violation observed during an enforcement visit shall
not be cited if it is immediately abated.
- The partnering members’ sites will be given priority consideration for
compliance assistance and offsite technical assistance.
- OSHA INSPECTIONS AND VERIFICATION
- OSHA will randomly select from the Partnership member list at least 10% of
the partners for unannounced on-site enforcement inspections,
- The “Focused Inspection” protocol addressing hazards related to falls,
struck-by, caught between, and electrical hazards will be followed. Inspections
conducted in response to
complaints, local emphasis programs, or referrals will qualify as the verifying
inspection if, in additional to addressing the complaint/referral item(s), the
compliance officer completes the focused inspection protocol for the worksite.
- OSHA will recognize and consider ACI safety-training programs when inspecting
jobsites of partnering members.
- Management/Operation of the Partnership
ACI will:
- Administer this Partnership program, including partnership application
evaluations.
This evaluation will include demonstrated safety and health programs, training
commitments, OSHA citation history, fatalities, injury/illness experience and
similar factors.
- Serve as the principal safety resource for ACI participating members as
requested.
- Act as liaison for members with OSHA if requested. Members can call ACI with
questions and ACI will contact OSHA for responses. ACI will also send a
representative to
information hearings as well.
- Act as the liaison with the CAS for the OSHA Challenge Program
during quarterly meetings with general industry and construction company
representatives working to improve their safety and health management system and
striving for OSHA VPP participation.
- Provide to the Cincinnati OSHA office the names of all partnering members.
Upon
notification from ACI, the Cincinnati OSHA office will inform the Cleveland,
Toledo and
Columbus OSHA offices of the names of all partnering members.
- Conduct initial application screening of ACI members participating in the
Partnership as well as periodic statistical evaluations to determine the impact
and effectiveness of this
Partnership agreement with OSHA.
- Conduct onsite audits of its members upon request.
OSHA will:
- Designate an experienced Compliance Assistance Specialist (CAS) to serve as a
resource
and liaison for Partnership participants.
- Utilize a CAS to assist with training as needed.
- Designate a CAS to meet with ACI Challenge Program Participants during the
quarterly
Meetings.
- Designate a CAS to meet with ACI members at least quarterly to discuss
current jobsite
findings, current violation trends and possible options/corrective measures to
eliminate
hazards.
- Share information on current violations, statistics, and relevant standard
interpretations,
proposed standards, etc. with ACI members.
- EMPLOYEE/EMPLOYER RIGHTS
This Partnership does not preclude employees and/or employers from exercising
any right
provided for under the OSH Act, nor does it abrogate any responsibility to
comply with rules and regulations adopted pursuant to the Act.
- TERMINATION OF AGREEMENT
This agreement will terminate on March 27, 2011, which is two years from the
date of the signing. If any signatory of this agreement wishes to terminate
their participation prior to the established termination date, written notice of
the intent to withdraw must be provided to all other signatories. If OSHA
chooses to withdraw its participation in the partnership, the entire agreement
is terminated. Any signatory may also propose modification or amendment of the
agreement.
- SIGNATURES
Signature of intent to participate in this ACI/OSHA
Partnership: Based upon a mutual interest to protect construction workers in the
Tri-state, the parties below agree to the terms of this ACI/OSHA Partnership
Agreement:
Company Name:
Allied Construction Industries |
Contact
Person:
Terry M. Phillips |
Address:
3 Kovach Drive
Cincinnati, OH 45215 |
Signature: |
| |
Title: Associate
Director |
Joseph G. Hummel, Jr.,
Associate Director
Allied Construction Industries
|
|
Terry M.
Phillips.
Associate Director
Allied Construction Industries
|
Date: |
|
Richard Gilgrist,
Area Director – Cincinnati
Occupational Safety & Health Administration
|
Date: |
|
Jule Hovi
Area Director – Toledo
Occupational Safety & Health Administration
|
Date: |
|
Robin Medlock
Area Director – Cleveland
Occupational Safety & Health Administration
|
Date: |
|
Debbie Zubaty
Area Director – Columbus
Occupational Safety & Health Administration
|
Date: |
|
| |
|
ACI/OSHA PARTNERSHIP APPLICATION SECTION 2
(Answer questions below for your employees that work in the area covered
by the Ohio OSHA offices) |
COMPANY:__________________________________________________________________
ADDRESS:___________________________________________________________________
PHONE:__________________________FAX:__________________EMAIL:___________________
COMPANY CONTACT:_________________________________TITLE______________________
CONSTRUCTION SIC CODE:_________TRADES EMPLOYED____________________________
AVERAGE NUMBER OF EMPLOYEES:______AVERAGE NUMBER OF SUPERVISORS:______
AVERAGE NUMBER OF ANNUAL WORK HOURS:_____________________________________
DO YOU HAVE A SAFETY DEPARTMENT?____YES____NO
DO YOU BUDGET FOR SAFETY____YES____NO
$_____________________________________
# OF FULL-TIME SAFETY EMPLOYEES____SAFETY DIRECTOR
IS_______________________
DATE OF ANY WILLFUL OSHA VIOLATION FROM ANY OHIO OSHA OFFICE:_____________
DATE OF LAST OSHA INSPECTION________________________
DO YOU CURRENTLY HAVE A COMPREHENSIVE SAFETY & HEALTH PROGRAM? ______Yes
______No (Copy must be included with this application)
DO YOU PERFORM DRUG TESTING?______POST OFFER______RANDOM_______POST
ACCIDENT______FOR PROBABLE CAUSE_________
WHAT TYPE OF SAFETY ORIENTATION TRAINING DO YOU USE?_____ VIDEOS
______HANDBOOKS _____ VERBAL_______ OTHER__________ NUMBER OF
HOURS?:_____________________
FOR THE PAST REPORTING YEAR, PLEASE PROVIDE THE FOLLOWING OSHA LOG 300
INFORMATION TO ESTABLISH A BASELINE FOR THE TCIR RATES AND DART RATES
BWC EXPERIENCE MODIFICATION RATE:__________________
TOTAL MANHOURS WORKED: ___________________
OSHA INCIDENT RATE:___________________
TOTAL NUMBER OF DEATHS______ ;TOTAL NUMBER OF CASES WITH DAYS AWAY FROM
WORK ______: TOTOAL NUMBER OF CASES WITH JOB TRANSFER OR RESTRICTION
_______ ;TOTAL NUMBER OF OTHER RECORDABLE CASES _________; TOTAL NUMBER OF
DAYS AWAY FROM WORK _______; TOTAL NUMBER OF DAYS OF JOB TRANSFER OR
RESTRICTION ________; TOTAL NUMBER OF (1) INJURIES ______: (2) SKIN
DISORDERS ________: (3) RESPIRTORY CONDITIONS_____ (4)
POISONINGS___________; (5) HEARING LOSS ___________; (6) ALL OTHER
ILLNESSES _________
NUMBER OF EMPLOYEES CURRENTLY TRAINED IN 10-HR________30-HR_____
HOW LONG HAVE YOU BEEN A MEMBER OF ACI? ______
DO YOU CURRENTLY USE ACI SAFETY RESOURCES? YES_______ NO________
*As part of the ACI/OSHA Partnership, reporting will be necessary. ACI
will require information throughout the year and will let you know as
needed.
|
APPENDIX A
Commitment by ACI Members |
| IN
ORDER TO TAKE ADVANTAGE OF THIS PARTNERING AGREEMENT BETWEEN ACI AND OSHA,
MEMBERS AGREE TO THE FOLLOWING: |
- Sign a letter indicating their participation.
- Verify that they have a comprehensive written safety and health program
meeting established Partnership criteria.
- Although not required by Federal regulations or standards, as an
enhancement to safety & health, commit to the use of 100% fall protection when
performing work that is in excess of 6 feet above a lower level.
- Provide the level of training required by OSHA regulations.
- Ensure that quarterly, after obtaining acceptance into the partnership, to
provide documentation that supervisory personnel/competent persons engaged in
construction activities will have completed the OSHA 30-hour course for
construction or its equivalent. Training documentation must be forwarded to
ACI.
- Ensure that quarterly, after obtaining acceptance into the partnership, to
provide documentation that non-supervisory personnel engaged in construction
activities will complete the OSHA 10-hour course for construction or its
equivalent. Records will be forwarded to ACI.
- Summer employees and interns will receive the 2-hour safety orientation,
but will be exempt from the 10-hour or equivalent requirement as identified by
this partnership agreement.
- Provide quarterly and annual safety related data/statistics to ACI such as
man-hours worked, lost work day injuries, accident records and OSHA inspection
results. ACI will take this information from all partners and provide a
summary of statistical data without company identification for OSHA. This data
will be used to evaluate the merits of this partnering program and to make
recommendations for continuous improvement.
- ACI will offer on-going, quality training focusing specifically on OSHA
focused areas, falls, electrical hazards, struck-by’s and caught-in hazards.
- ACI will provide up-to-date information and materials to members from
OSHA, the BWC, AGC and other sources.
- ACI will provide OSHA interpretations of major standards as well as local
inspection perspectives to members to keep them up-to-date and informed.
- ACI will work with OSHA to develop safety-training criteria for training
programs that ACI offers to members in order for them to meet OSHA training
requirements applicable to their industry.
- ACI will use the defined safety training criteria to offer training for
members that agree to be involved in this partnership agreement.
- ACI will assist members with written safety and health policies and
procedures with an emphasis on company/employee responsibilities.
- ACI will provide quarterly reminder notices for partners to report any
OSHA partnership requested data.
|
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