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OSHA-AGC EL PASO CHAPTER PARTNERING AGREEMENT
Strategic Partnerships

BETWEEN

U.S. Department of Labor
Occupational Safety and Health Administration

AND

Associated General Contrators - El Paso Chapter

9/12/2007 – 9/12/2010

Table of Contents

I. PROGRAM SUMMARY
II. PARTICIPANTS
III. GOALS
IV. INCENTIVES
V. PROGRAM ACCEPTANCE
VI. IMPLEMENTATION
VII. PARTNERSHIP EVALUATION
VIII. TERMINATION
IX. TERMS AND LOCATION OF PARTNERSHIP
X. FLOW CHART


I. PROGRAM SUMMARY

The Associated General Contractors of El Paso and the OSHA Lubbock Area Office OSHA office/El Paso District office of Occupational Safety and Health Administration of the United States Department of Labor (OSHA), all mutually recognize the importance of ensuring a safe and healthful work environment in the construction industry. To advance this mutual goal, this Partnership has been established to formalize a cooperative effort between these entities committed to encouraging companies to voluntarily improve their safety and health performance, providing methods to assist them in their efforts, and recognizing companies with exemplary safety and health programs.

The cooperative effort will provide benefits to member companies who voluntarily improve their safety and health performance and demonstrate the implementation of an effective safety and health program. Benefits will include special recognition from OSHA; e.g., priorities in compliance assistance activities and inspection incentives such as focused inspections and applicable penalty reduction factors.

The cooperative effort will be conducted within the jurisdictional areas of the OSHA Lubbock Area Office / El Paso District Office. Participation is strictly voluntary and is available to any member company of the Associated General Contractors of El Paso (AGC), which meets the qualification requirements of this program.

Participating member companies 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 the 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-200/300 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.

II. PARTICIPANTS

The following are identified as participants in the Cooperative Safety Program:

A. OSHA

The OSHA Lubbock Area office/ El Paso District office of the Occupational Safety and Health Administration of the United States Department of Labor (OSHA) will:
  1. Upon notification of nomination by AGC, visit one of the nominated member company sites within 30 calendar days to verify that the member company's program requirements are in place and then proceed to a focused construction inspection. The inspection focus will address hazards related to the four major causes of fatalities and serious injuries in Texas (falls, struck-by, caught-in/between mishaps, and electrocution).
  2. Once the evaluation inspection is successfully completed, the member company will be placed on a members list in the participating OSHA Offices.
  3. Not issue citations for non-serious violations provided the violations are abated immediately or within a reasonable time limit as agreed to by OSHA and the participating member company.
  4. If cited, give the maximum good faith and size penalty reductions available in current OSHA policy.
  5. Give special recognition designating the member company as a participant in this program.
  6. Conduct a verification inspection of each partnering member on an annual basis.
  7. After such verification inspections, OSHA will conduct un-programmed inspections as follows:
    1. If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed in II.A. 1, or hazards covered by a Local, Regional or National Emphasis Program;
    2. If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 02-00-103 [Field Inspection Reference Manual (FIRM)]; and;
    3. If OSHA receives a complaint or referral it will be handled according to OSHA's Complaint Policies and Procedures (OSHA Instruction CPL 02-00-140). When the phone and fax procedure is utilized, it will be the responsibility of the participating member company to provide a copy of the complaint(s) to AGC within twenty-four (24) hours of receipt.
  8. Notify safety personnel representing the AGC of an inspection of a member company site and allow AGC safety personnel to accompany OSHA personnel on the site visit along with the project superintendent or other member company representative.
  9. Cite any apparent violations in accordance with OSHA interpretation as stated in the Guidance to Compliance Officers for Focused Inspections in the Constructions Industry. If cited, OSHA will give full consideration in evaluating maximum good faith in giving penalty reductions available in current OSHA policy.
  10. Give priority status to member companies and their participating specialty or trade contractors for compliance assistance and outreach activities.
B. AGC of El Paso

The AGC will:
  1. Evaluate applicant companies to ensure they meet the requirements to participate in the partnership.
  2. Perform periodic reviews of member companies to ensure program requirements are continuing to be met.
  3. Make random on-site verification of participant members.
  4. Recommend termination of partnership membership if findings indicate unacceptable performance or submission of falsified documentation.
  5. Make random verification of the effectiveness of member companies' safety and health programs verified through onsite inspection by OSHA. Any OSHA inspection of a member company can serve as a verification inspection.
  6. Provide OSHA with a list of qualifying member companies and results of verification inspections conducted by the AGC.
  7. Participate in the collection, review and transmitting of documentation to OSHA required of the member company to qualify for participation in the Partnership.
  8. Have safety personnel representing the AGC make a minimum of one site program verification inspection each month to one of the projects being performed by a member company.
  9. Offer regular sessions of OSHA 10- and 30-hour training sessions to make it easier for member companies to adhere to terms of this program.
  10. Offer new ways member companies can take preventative actions in identifying hazards before something happens by helping them collect jobsite data to create baseline(s) for safety performance.
C. Partnering Participants

A member company of the AGC that meets the qualifications laid out in this agreement shall:
  1. Continually meet the requirements set forth by the AGC to qualify for this Partnership in addition to the requirements set forth within the Partnership itself.
  2. Set a positive example for desired safety behavior and establish goals and accountability for safety excellence.
III. GOALS
  1. Reduce by 1.5% annually the number of injuries, illnesses, and fatalities affecting participant employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by, caught-in/between mishaps, and electrocution (focused four construction hazards).

  2. Increase the number of construction companies that implement effective safety programs.

  3. Decrease worker compensation costs and OSHA penalties for member companies.

  4. Allow OSHA to focus resources on companies that require attention from OSHA, rather than companies that have demonstrated existence of effective safety programs.

  5. Make safety and health resources available to all members of the participating organizations and the construction industry.

  6. It is anticipated with minimal use of OSHA resources, this Partnership will result in improved safety and health programs, a higher level of employee safety and health training, and as a secondary benefit, improved job site safety, and health program commitments by other companies working with the Partnership participants.

  7. Foster open and continuing communication.

  8. Share knowledge of the best practices.

  9. Cooperation in contractor and compliance officer training. Participating members will establish a training goal for each year of participation in the partnership.
IV. INCENTIVES

Participants in good standing will receive the following incentives:
  1. Special recognition from OSHA and the AGC designating the member company as a participant in the PARTNERSHIP.

  2. It will not be necessary to conduct programmed construction inspections for up to twelve months after successful conclusion of an OSHA verification inspection, conducted per the current policy for focused inspections in construction.

  3. After such verification inspections, a participant will not be subject to OSHA inspections except as follows:

    1. If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed in II.A. 1, or hazards covered by a Local, Regional or National Emphasis Program.

    2. If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 02-00-103 [Field Inspection Reference Manual (FIRM)].

    3. If OSHA receives a complaint or referral it will be handled according to OSHA's Complaint Policies and Procedures (OSHA Instruction CPL 2.115). When the phone and fax procedure is utilized, it will be the responsibility of the participating member company to provide a copy of the complaint(s) to AGC within twenty-four (24) hours of receipt.

    4. During OSHA inspections of non-participant employers, member companies whose program has previously been verified by OSHA will not be included in OSHA inspections of non-participant employers, unless the OSHA compliance officer observes that, as a result of a member company's actions, employees are exposed to serious hazards such as falls, crushed by, struck by and/or electrocution hazards.

    5. Will not receive citations for other-than-serious violation(s) from OSHA, provided that the violation is abated within the prescribed period of time.

    6. Will be eligible to receive the maximum reductions allowed for good faith, size, and history for penalties assessed for serious OSHA citations as outlined within OSHA Instruction CPL 02-00-103 [Field Inspection Reference Manual (FIRM)].

    7. Limited Scope Inspections: OSHA will conduct un-programmed inspections in accordance with the current Agency enforcement policies and procedures, reference OSHA Instruction CPL 02-00-103 [Field Inspection Reference Manual (FIRM)].

    8. Verification Type and Deletion from Programmed Inspection Lists: OSP verifications must be performed in accordance with the OSP Program Directive, CSP 03-02-002. Benefits are based on the verification protocols as follows:

      1. Single Worksite: Following a comprehensive onsite enforcement verification inspection, the site may be deleted from programmed inspections lists for up to one year.
      2. Multiple Worksites: Upon entry into the partnership, each construction participant will advise the Lubbock Area Office/El Paso District Office of the number and location of active sites covered by the partnership (NOTE: This list is updated annually). Based on this list and the criteria detailed in Attachment A of OSHA's Clarification of Verification and Exemption Policies for OSPP Construction Participants (June 1, 2006), OSHA will determine the number of onsite enforcement inspections each participant must undergo to gain a programmed inspection exemption for all of its worksites within the Area Office's jurisdiction. OSHA will conduct a minimum of one onsite enforcement inspection each year to offer an OSP partner a programmed inspection exemption for all partner worksites located within the jurisdiction of the Area Office. The exemption will be valid for one year from the date of the last enforcement inspection closing conference. The number of onsite enforcement verification inspections should not be more than the number of programmed inspections, including programmed focused inspections, the Area Director would otherwise expect that participant to receive within the geographic scope of the partnership in a given year.
V. PROGRAM ACCEPTANCE

For acceptance into this Partnership, a member company must:
  1. Be engaged in the construction industry and be a member of Associated General Contractors of El Paso (AGC).

  2. Meet the requirements of the AGC to participate in the Partnership, the minimum of which are outlined below.

  3. Submit to the AGC a list of all active construction projects within the jurisdiction of the OSHA Lubbock Area Office Office/El Paso District Office on a quarterly basis.

  4. Have a total case injury/illness incidence rate that is 10% less than the most current BLS national rate for the construction industry and will supply the AGC with most current OSHA 300 log as proof of compliance.

  5. An incidence rate of occupational injuries and illnesses can be calculated quickly and easily. The formula requires:

    (1) To find out the total number of recordable injuries and illnesses.
    1. Count the number of line entries on your OSHA Form 300A and sum the entries for columns (G), (H), (I), and (J).
    An incidence rate of injuries and illnesses may be computed from the following formula:
     
    Injuries & Illnesses x 200,000
    Employee Hours Worked    		 = Incidence Rate

    (The 200,000 hours in the formula represents the equivalent of 100 employees working 40 hours per week, 50 weeks per year, and provides the standard base for the incidence rates.)

  6. Member companies shall have no construction-related fatalities or catastrophes in the last 3 years which resulted in OSHA citations

  7. Have received no OSHA citations within the past 3 years classified as Repeated or Willful.

  8. Provide the AGC the OSHA 300 Logs for the current and three previous years. This information will assist in measuring the impact on safety and health during this agreement.

  9. Conduct a minimum of one monthly safety inspection of their jobsites. Participating members must submit to the AGC within 15 days after the end of each quarter a summary of the number of inspections made by the member company's Safety Representative(or their designee) and any third party. The report shall be broken down into the four major categories of fatality hazards. The report shall show the number of items within the four categories that were corrected.

  10. Designate a Safety Representative dedicating a minimum of 25% or his/her work responsibilities to employee safety. Contractor Safety Representative shall, at a minimum, have completed the OSHA 30-hour construction course and have sufficient training to be able to recognize existing and predictable hazards in the workplace. Safety personnel shall have the authority to take prompt corrective action.

  11. Have its representative(s) consistently provide a positive working relationship with the AGC Safety Committee members and the OSHA representatives in order to increase worksite safety awareness and immediately address identified safety deficiencies.

  12. Each member company and any participating specialty and trade contractors at each construction site must agree to develop and implement a comprehensive safety and health program that adheres to, or exceeds, both the OSHA Safety and Health Program Management Guidelines. All trades onsite will work toward implementing a "zero tolerance" safety practice in order to help achieve the desired reduction of worksite incidents.

  13. Member companies will have the following:

    1. A comprehensive written safety and health program, which will:
      • Include Employee Involvement
      • Include Effective Employee training for avoidance of hazards specific to the member company's work site(s)
      • Provided construction site supervisors with training equivalent to OSHA's 10-hour construction safety course
    2. A designated competent person at all worksite(s).
    3. Weekly documented safety training at all worksite(s).
VI. IMPLEMENTATION

All companies with a current membership with the AGC noted herein interested in participating in the Partnership must submit an application to the AGC for review and consideration for participation in the Partnership.

Member companies that qualify and accept the established requirements of the Partnership will be enrolled for a period of twelve months. A member company must reapply thirty days prior to their annual renewal date, providing the documentation needed by the AGC indicating the member company still meets the current established criteria.

The application/approval process is roughly outlined in the following flowchart.

Application/approval process flowchart
 
Text version of flowchart:
 
Member submits application to Assoc. Gen. Contractors
             
|
|		 <----------------------------------------------------------- |    
V         | Yes    
Assoc. Gen. Contractors conducts preliminary review of application. Does application satisfies minimum criteria?
No
----->
Notifies applicant of discrepancies

------>
Applicant revises or resubmits applicant
No
------>
|
|
|
|
|
|
|
|
|
|
|
|
|
|
V
|
|
|		 Yes
<-----------------------------------------------------------
 		 |
|		  
V         | Yes  
Assoc. Gen. Contractors conducts Verification Visit. Visit successful?
No
----->
A.G.C. organization notifies company of discrepancies

------>
Company address
No
------>
|
|
V
Yes		          
Assoc. Gen. Contractors forwards Company Name to OSHA's El Paso Dist. Office
       
Removed from application process
 

VII. PARTNERSHIP EVALUATION
  1. The partnership will be evaluated annually to determine whether the annual goal of a 1.5% reduction in the number of injuries, illnesses, and fatalities has been met. The AGC is responsible for collating baseline and annual performance data upon which the Partnership will be measured. This aggregated data will be reported to the El Paso District OSHA Office.

  2. Member company aggregate injury/illness incidence rates (total case rates) and fatality rates will be compared with the most current BLS published data to determine whether goals have been met.

  3. If all signatory partners agree, member company criteria may be revised annually based on recommendation for continuous improvement.
VIII. TERMINATION
  1. Any of "the participants" to this Agreement may terminate participation by providing thirty (30) days written notice to the other participants.

  2. If any of "the participants" to this Agreement are shown to not be participating in "good faith" according to the commitments spelled out for each party to this Agreement.

  3. A member company's participation will be terminated by the AGC and OSHA will be informed if one or more of the following occurs:

    1. An inspection by OSHA or the member company's AGC's representatives reveals a significant deviation from program criteria (the member company will remain subject to OSHA inspection).
    2. The member company has falsified information on the application or supporting documentation.
    3. The member company's total case injury/illness incidence rate rises above the established criteria.
    4. The member company takes any other such actions that may be determined to be grounds for termination by the AGC.
    5. Fatality or catastrophic event (defined as three or more employees admitted to the hospital due to exposure to the same event) occurs at the site.
  4. Prior to the final termination of a member company's status, the following will occur:

    1. The member company will be notified in writing of the intent to terminate.
    2. The written notice will include an explanation of the reasons for termination.
    3. The member company will have an opportunity to reply to the written notice within thirty days; and will have the right to make an appearance before the AGC.
    4. When a final determination is made, AGC will notify OSHA of the decision.
  5. The AGC has the authority to reinstate a member company if it determines the member company's experience was unusual and not necessarily inconsistent with a sound safety and health program.

  6. Any member company may terminate its participation in the program at any time by providing thirty days written notification of intent to the AGC.
IX. TERMS AND LOCATION OF PARTNERSHIP
  1. The Partnership will cover the jurisdictional area of the OSHA Lubbock Area Office and the El Paso District Office.

  2. Any participant to this Partnership may withdraw from the agreement at any time after submitting written notification of intent to the other participants by providing a thirty-day written notice to the other member(s) of the program, and the Partnership agreement will terminate. Any participant may also propose modification or amendment to the program subject to concurrence by the other participants to the agreement.

  3. The Partnership shall have an initial term of three years and may be renewed if all participants concur. At the end of the three years, the Lubbock/El Paso OSHA Offices, and the AGC, will make a joint determination of whether or not to continue the partnership program.

  4. An evaluation team made up of representatives of both organizations will meet to develop a plan of action, determine working procedures, and identify the roles and responsibilities of the participants. In addition, they will meet at least 4 times per year to track and share information on activities and results in achieving the goals of the alliance.
X. FLOW CHART
 
OSHA INSPECTION ON AN OSHA-AGC PARTNERING AGREEMENT SITE

OSHA Inspection on an OSHA-AGC Partnering Agreement Site
 
Text version of flowchart:
 
OSHA INSPECTION ON AN OSHA-AGC PARTNERING AGREEMENT SITE
 
       
OSHA Inspector arrives at construction site
       
        |
|
V		        
   
Request Official Documentation
|
|		 No
<----------
Official OSHA Inspector's Documentation Presented
Yes
---------->
Inform Inspector that General Contractor is a Partnering Member
Λ
-----
|
|
|
|
|
|
|
|
|
|
|
|
 
            |  
    V         |  

|
|
|
V		 No
-----
Official OSHA Inspector's Documentation Presented
  Yes
------------------------------------------------------		 |
|		  
Notify AGC and/or OSHA Office.
Do Allow person on site
 
AGC will notify GC Project Supervisor (if not on site already) and GC's Safety Designee

<----------
OSHA Inspector must notify the AGC of pending inspection

<----
        |
|
V		        
       
Request to begin inspection after all responsible parties are present

---------->
Opening Conference begins after all persons are on-site within reasonable time

-----
|
|
|
|
|
|
|
           
 		  
   
OSHA Inspector Leaves

<----------
Closing Conferences based on findings of walk around

<----------
Inspection Walk around commences

<----
 

 
Appendix A
Statistical Report

AGC/OSHA PARTNERING AGREEMENT
STATISTICAL REPORT
El Paso Chapter

jgomez@agcelpaso.org
ruribe@jdw-insurance.com

Part I - General Information
 

Date		  

Company		  

Submitted By		  

Phone #		  

Part II - Information Collection Data
 

Accident/Near Miss Investigations		  

Self audits/evaluations		  

Hazards Identified and abated		  

Safety Training (Hours)		  

Bilingual Safety Training		  

Willful citations		  

Repeated Citations		  

Fatality Data		  

Part III - Illness/Injury Date (TIR)

Calculation
 
Number of Cases ___________________ X 200,000 / ________________ Manhours Worked

Equal to - ____________ TIR
 
Number of Cases Total Entries from OSHA 300 Log G, H, I, J
    200,000 100 employees working 40 hours a week, 50 weeks a year
ManHours Worked Salary and Employee hours worked. Excluding Holidays and Vacation
    TIR Total incident Rate
 
Appendix B
Evaluation Form
 
Company Name: __________________________
Contact: _________________________________		 Date: ___________________________________
AGC Contact: _____________________________
 
  YES NO
1. Contractor has implemented a comprehensive written safety and health program based on all applicable OSHA, Federal and/or State standards. Ensure that written, site specific safety and health plans are used by contractors on their project.
Comments:		    
2. Contractor has allowed AGC Safety Committee and/or designee onsite to conduct safety audits as deemed appropriate and necessary by the AGC and OSHA.
Comments:		    
3. Contractor has a designated Safety Officer dedicating a minimum of 25% of his/her work responsibilities to construction safety.
Comments:		    
4. The following documentation is available from the contractor: Monthly Site inspection, Safety Training, Investigations of Incidents, Safety Meetings
Comments:		    
5. The contractor has documented a safety and health program orientation for all new employees and employee training for avoidance of hazards specific to the contractor's work site.
Comments:		    
6. The contractor has completed and submitted an annual statistical report to the AGC within 45 days after end of calendar year or upon request from AGC or OSHA.  Appendix A.
Comments:		    
7. The contractor has maintained a Total Case Injury/Illness incidence rate that is 10% less than the most current BLS national rate for the construction industry and will supply the AGC with most current OSHA 300 log as proof of compliance.
Comments:		    
8. The contractor has provided AGC a list of construction sites, which are expected to be active in each OSHA Area Office jurisdiction during each quarter of the agreement. AGC of El Paso will provide the construction site list to OSHA Area Office no later than 10 days after the beginning Quarter.
Comments:		    
9. The contractor has received verification inspection of at lease one representative job site by the OSHA Outreach Director and AGC Safety Committee member or designee to allow for evaluation of the company's Safety and Health program and partnering activities and to conduct a "focused" inspection of all contractors at the construction site.
Comments:		    
10. Contractor has had no willful citations in the last three years.
Comments:		    
11. Contractor has had no repeated citations in the last three years.
Comments:		    
12. Contractor has had no fatalities or catastrophes within the last three years that resulted in OSHA citations related to the incident.
Comments:		    

If the contractor has answered "no" to any of the questions listed above, then contractor may not be eligible to become a partnership participant and will be placed on a provisional status as determined by the AGC Safety Committee.

The following is a list of Safety initiatives that Contractor may need:
 
Written Safety Manual
 
  OSHA 10 Hour Training
 
Written JSA's
 
  OSHA 30 Hour Training
 
Supervisor Training
 
  Accident Investigation Training
 
Recordkeeping assistance
 
  Substance Abuse Program
 
Other
 
  Site Audit
 
 
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