Region 2 - Agreement - November 9, 2022


AGREEMENT ESTABLISHING AN ALLIANCE
BETWEEN
THE REGION II REGIONAL OFFICE OF
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
U.S. DEPARTMENT OF LABOR
AND
THE NEW YORK STATE DEPARTMENT OF LABOR 21(d) ON-SITE CONSULTATION PROGRAM
AND
THE NEW YORK STATE BREWERS ASSOCIATION
AND
THE BREWERS ASSOCIATION
AND
THE MASTER BREWERS ASSOCIATION OF THE AMERICAS


The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) Region II Office, New York State Department of Labor 21(d) On-Site Consultation Program; New York State Brewers Association; Brewers Association; Master Brewers Association of the Americas recognize the value of establishing a collaborative relationship to foster safer and more healthful American workplaces. To that end, OSHA and the aforementioned organizations hereby form an Alliance to provide the brewing industry in New York with information, guidance, and access to training resources that will help them protect the health and safety of workers, particularly by preventing and reducing exposure to hazards during the brewing, storing, containerizing, handling and delivery of beer to final locations, and to 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 will summarize specific activities and timeframes for completion in a written work plan.

Through the Alliance, the organizations will use relevant 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 to evaluate the effectiveness of the Alliance and measure the impact of the overall effort on improving workplace safety and health for workers and employers. In developing this Alliance, OSHA and the other alliance members recognize that OSHA’s State Plan 21(d) On-site Consultation Program partners are an integral part of the OSHA national effort to assure employers provide a safe and healthy workplace, 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 of OSHA’s Rulemaking and Enforcement Initiatives

The Participants intend to work together to achieve the following objectives related to raising awareness of OSHA’s rulemaking and enforcement initiatives:

  • Share information on OSHA’s National/Regional/Local Emphasis Programs, Regulatory Agenda, and opportunities to participate in the rulemaking process.

  • Encourage worker participation by establishing a safety and health advisory committee of non-management level employees from various Alliance members companies to share information about workplace rights and responsibilities, gather information about safety and health practices in industry facilities, assist in the development and implementation of Alliance work products and collect feedback on Alliance activities.

  • Convene or participate in forums, roundtable discussions, or stakeholder meetings in the brewery industry to help forge innovative solutions in the workplace or to provide input on safety and health issues such as permit-required confined space, lockout/tagout, powered industrial trucks, hazard communication, walking- working surfaces, personal protective equipment, and electrical hazards.

Training and Education

The Participants intend to work together to achieve the following training and education objectives:

  • Through worker participation, develop effective training and education programs for the brewing industry to promote understanding of workers’ rights, including the use of the OSHA complaint process, the safety and health responsibilities of employers and to communicate such information to workers and employers.

  • Develop effective training and education programs for the brewing industry regarding common safety and health hazards associated with breweries and general information about OSHA regulations, policies, and compliance assistance resources, and to communicate such information to constituent employers and workers.

  • Deliver or arrange for the delivery of courses to OSHA compliance and consultation staff pertaining to brewery operations and equipment.

Outreach and Communication

The Participants intend to work together to achieve the following outreach and communication objectives:

  • Develop information on the recognition and prevention of workplace hazards, and to develop ways of communicating such information (e.g., print, and electronic media, electronic assistance tools, and alliance member web sites) to employers and workers in the industry.

  • Speak, exhibit, or appear at OSHA’s or the Brewers Association’s, Master Brewers Association of the Americas and New York State Brewers Association’s conferences, local meetings, or other related events.

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

  • Work with brewery industry participants to encourage their members to develop site-specific safety and health programs using resources available from alliance participants.

  • Encourage members of the Brewers Association, Master Brewers Association of the Americas, and New York State Brewers Association to participate in OSHA’s Safe + Sound Campaign with on-site safety and health promotional activities.

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

An implementation team made up of representatives of each organization will meet to develop a work plan, determine working procedures, and identify the roles and responsibilities of the participants. In addition, they will meet at least two times per year to track and share information on activities and results in achieving the goals of the Alliance. OSHA team members will include representatives of the OSHA Region II Regional Office and the New York State 21(d) On-Site Consultation Program and any other appropriate offices.

This agreement will remain in effect for two years. Any signatory may terminate it for any reason at any time, provided they give 30 days’ written notice. This agreement may be modified or extended at any time with the written concurrence of all signatories.

Signed this 9th day of November 2022.


Richard Mendelson
Regional Administrator, Region II
Occupational Safety and Health Administration


Paul Leone
Executive Director
New York State Brewers Association


Joseph Luckert
Program Manager 2
New York State Department of Labor
21(d) On-Site Consultation Program


Andy Tveekrem
President
Master Brewers Association of the Americas
 


Scott Melvin
Executive Deputy Commissioner
NYS Department of Labor


Chuck Skypeck
Technical Projects Director
Brewers Association