AGREEMENT
ESTABLISHING AN ALLIANCE
BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION U.S. DEPARTMENT OF LABOR
AND
NORTH AMERICAN EXCAVATION SHORING ASSOCIATION (NAXSA)
AND
ASSOCIATION OF EQUIPMENT MANUFACTURERS (AEM)
AND
NATIONAL UTILITY CONTRACTORS ASSOCIATION (NUCA)
AND
COMMON GROUND ALLIANCE (CGA)
AND
ASSOCIATED GENERAL CONTRACTORS (AGC)
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE)
AND
LABORERS’ INTERNATIONAL UNION OF NORTH AMERCIA (LIUNA)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the North American Excavation Shoring Association (NAXSA), Association of Equipment Manufacturers (AEM), National Utility Contractors Association (NUCA), Associated General Contractors (AGC), Common Ground Alliance (CGA), International Union of Operating Engineers (IUOE), and Laborers’ International Union of North America (LIUNA) recognize the value of establishing a collaborative relationship to foster safety and health practices and programs to improve American workplaces. To that end, OSHA NAXSA, AEM, NUCA, AGC, CGA, IUOE, and LIUNA hereby form an Alliance to provide their members/associations and the public with information, guidance, and access to training resources that will help them protect workers by reducing and preventing exposure to trenching, excavation, shoring, and other “Focus Four” hazards and addressing equipment related issues, as well as understand the rights of workers and the responsibilities of employers under the Occupational Safety and Health Act (OSH Act).

This agreement provides a framework and objectives for the Alliance’s activities. Alliance participants also agree to meet the requirements for program participation laid out in the “Fundamental Requirements for OSHA Alliance Program Participants” and the “Guidelines for OSHA’s Alliance Program Participants: Alliance Products and Other Alliance Projects.”

Through the Alliance, the organizations will use available injury, illness, and hazard exposure data, when appropriate, to help identify areas of emphasis for Alliance awareness, outreach, and communication activities. The Alliance will also explore and implement selected options, including but not limited to member surveys, to evaluate the Alliance and measure the impact on improving workplace safety and health. In developing this Alliance, OSHA, NAXSA, AEM, NUCA, AGC, CGA, IUOE, and LIUNA recognize that OSHA’s State Plan and On-Site Consultation Program partners are an integral part of the OSHA national effort, and that information about the products and activities of the Alliance may be shared with these partners for the advancement of common goals.

Raising Awareness: Outreach and Communication

The Participants intend to work together to achieve the following objectives:

• Share information on OSHA’s National Initiatives (Emphasis Programs, Regulatory Agenda, Outreach), and opportunities to participate in initiatives and the rulemaking process, including those relevant to trenching, excavation, equipment operators and construction related activities.

• Share information on occupational safety and health laws and standards, including the rights and responsibilities of workers and employers through communications such as: OSHA and stakeholder websites, print, electronic (newsletters, membership network emails) and social media (blogs, Facebook, Twitter, etc., utilizing OSHA campaign #hashtags), and scheduled calls/meetings.

• Develop information on the recognition and prevention of trenching hazards as well as other Focus Four hazards including falls, struck-by and other topics identified over the course of the Alliance, and communicate such information (e.g., electronic newsletters, electronic assistance tools, and OSHA and Alliance websites) to employers and workers in the industry. Ensure information developed encourages and reflects the diversity of the workforce and are accessible in multiple languages and formats.

• Speak, exhibit and/or appear at OSHA forums and roundtable discussions, and Alliance and industry meetings, conferences (e.g., Annual ConExpo-Con/Agg (CECA), Annual Utility Expo, Trenching Safety Summit, etc.), and equipment/trade shows (e.g., World of Asphalt) to collaborate and forge innovative, creative, and effective ways to fill the gap in trench and shoring safety communication and education between industry, government, and small- to medium- sized contractors.

• Share information among OSHA personnel and industry safety and health professionals regarding good practices or effective approaches through training programs, workshops, seminars, and lectures (or any other applicable forum).

• Encourage worker participation in workplace safety and health by engaging with labor representatives from Laborers’ International Union of North America and the International Union of Operating Engineers to ensure that worker perspectives are taken into account, and that resources and training materials/programs developed and offered through this alliance are made available in appropriate languages to equitably meet the needs of their target audiences.

• Encourage stakeholders to build relationships with OSHA’s Regional and Area Offices to address health and safety issues, including trench safety and construction related activities.

Training and Education

The Participants intend to work together to achieve the following objectives:

• Coordinate with other Alliance participants to focus on information sharing on improving controls in equipment for recognized hazards (i.e., noise, silica, etc.).

• Develop effective training and education programs (e.g., Trench Safety Summit) and effective ways to fill the gap in trench and shoring safety communication and education between industry, government, and small- to medium- sized contractors.

• Develop effective training and education programs (Above Ground Demo Day) for OSHA, including State Plans, OSHA On-Site Consultation Programs, and other Alliance stakeholders, as appropriate.

OSHA’s Alliances provide organizations an opportunity to participate in a voluntary cooperative relationship with OSHA for purposes such as raising awareness of OSHA’s initiatives, outreach, communication, training, and education. These Alliances have proven to be valuable tools for both OSHA and Alliance participants. By entering into an Alliance with an organization, OSHA is not endorsing or promoting, nor does it intend to endorse or promote, any of that organization’s products or services.

An implementation team made up of representatives of each organization will meet one to two times per year to discuss the responsibilities of the participants, to share information on activities, and to track results in achieving the goals of the Alliance. OSHA team members will include representatives of the Directorate of Cooperative and State Programs and Directorate of Construction Programs and any other appropriate offices. OSHA will encourage the participation of State Plans and OSHA On-Site Consultation programs on the team.

This agreement will remain in effect for two years. Any signatory may terminate their participation in the Alliance for any reason at any time, provided they give 30 days’ written notice. If OSHA chooses to terminate the Alliance, they will give all signatories 30 days’ written notice. This agreement may be modified at any time with the written concurrence of all signatories.

Signed this 22nd day of June, 2023.