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OSHA-AGC PANHANDLE CHAPTER
PARTNERING AGREEMENT
Strategic Partnerships
BETWEEN
U.S. Department of Labor
Occupational Safety and Health Administration
AND
Associated General Contractors - Panhandle Chapter
11/05/2007 through 11/05/2010

Table of Contents

I. Program Summary
II. Participants
    A. OSHA
    B. Panhandle Chapter AGC
    C. Partnering Participants
III. Goals
IV. Incentives
V. Acceptance into Program
VI. Implementation
VII. Partnership Evaluation
VIII. Employee/Employer Rights and Responsibilities
IX. Termination
X. Terms and Location of Partnership
XI. Flow Chart


I. PROGRAM SUMMARY

The Panhandle Chapter of the Associated General Contractors 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, i.e., 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 Panhandle Chapter Associated General Contractors (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.

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) shall:
  1. Upon notification 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 here 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 participating OSHA area offices.
  3. If cited, when calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for good faith beyond the reductions provided in the Field Inspection Reference Manual (FIRM) where the employer, in implementing the OSP, has taken specific significant steps beyond those provided in the FIRM to implement the Act and achieve a high level of employee protection (see FIRM, chapter IV.C.2.i.5[b]). 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 FIRM will apply (see FIRM, Chapter IV.C.2.b).
  4. Give special recognition designating the member company as a participant in this program.
  5. Conduct a verification inspection of each partnering member on an annual basis.
  6. 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 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.
  7. Notify safety personnel representing the AGC of the inspection and the AGC safety personnel can accompany OSHA personnel on the site visit along with the project superintendent or other member company representative. Safety personnel representing the AGC are prohibited from giving the member company advance notice of the inspection and that OSHA will not delay their inspection to wait for them to be available.
  8. Cite any apparent violations in accordance with OSHA interpretation as stated in the Guidance to Compliance Officers for Focused Inspections in the Construction Industry.
  9. Give priority status to member companies and their participating specialty or trade contractors for compliance assistance and outreach activities.
B. Panhandle Chapter AGC

The AGC shall:
  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 hours 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.

  10. Performance measures will take the form of the reduction percentage attained by tracking the injuries, illnesses, and fatalities that can result from the focused four construction hazards; calculating the number of construction companies involved in the partnership who have implemented effective safety programs; calculate any decrease in worker compensation costs and OSHA penalties for member companies and the amount of resources that were made available to all the members of the partnership.

  11. 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.
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. After 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 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 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.

    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. Limited Scope Inspection: 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)].

    6. Verification Type and Deletion from Programmed Inspection Lists: OSHA Strategic Partnership (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.
      3. This provision is available only where the partner has an effective safety and health management system fully compliant with 29 CFR 1926.20 and 29 CFR 1926.21, the effectiveness of the system is confirmed in the onsite enforcement inspections, and health for the entire worksite, including work performed by all subcontractors.
V. PROGRAM ACCEPTANCE

For Acceptance into this Partnership, a member company must:
  1. Be engaged in the construction industry and be a member of the Panhandle Chapter of Associated General Contractors (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:

    (Number of injuries and 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 no Repeat OSHA citations for the past 3 year and no Willful citations for the past 3 years.

  8. Provide the AGC the OSHA 200 (300) Logs for three previous years plus the current year. This information will assist in measuring the impact on safety and health during this agreement.

  9. Participating members must 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. Contractor shall designate a Safety Representative dedicating a minimum of 25% or his/her work responsibilities to construction 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. The partnering member Safety Representative will 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 worksite(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
------>
|
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V
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|		 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 Lubbock Area 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 Lubbock Area 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. EMPLOYEE/EMPLOYER RIGHTS AND RESPONSIBILITIES
  1. 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 rules and regulations adopted pursuant to the Act.

  2. 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-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 the employer self-audits, site inspections, job hazard analysis, safety and health program reviews, and mishap investigations.
IX. 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. Any member company requires a warrant of OSHA prior to commencement of on-site program verification or other inspection activity.
      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.
  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.
X. TERMS AND LOCATION OF PARTNERSHIP
  1. The Partnership will cover The OSHA Lubbock Area office/ El Paso District office and Jurisdictional area for a period of three years. 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.

  2. This agreement will terminate on November 5, 2010, which is three 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 the other signatories.

  3. 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.

  4. The Partnership shall have an initial term of three years and may be renewed if all participants concur.

  5. 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 2 times per year to track and share information on activities and results in achieving the goals of the partnership.
XI. 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
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            |  
    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

<----
 

Agreed to this __________ day of _________________________, 2007


_____________________________________
Occupational Safety & Health Administration
Lubbock Area Office / El Paso Office
Richard F. Tapio
Area Director


_______________________________________
Associated General Contractors of America
Panhandle Chapter
Tonya Felder
Executive Director


_________________________________________
Associated General Contractors of America
Panhandle Chapter
George Cumming – Missouri Valley, Inc.
Safety Committee


_________________________________________
Associated General Contractors of America
Panhandle Chapter
John Cruz – Cruz Construction
Safety Committee
 
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