Partnership #2 - Renewal Agreement - October 1, 2001

Idaho Construction General Contractor/Construction Manager Partnership Renewal Agreement October 1, 2001

• U.S. Department of Labor Occupational Safety and Health Administration
• 1150 North Curtis Rd, Suite 201
• Boise, Idaho 83706
•  
• Telephone: (208) 321-2960 or 1-800-482-1370
• Fax: (208) 321-2966
•  
• BOISE AREA OFFICE INSTRUCTION CPL 2.1.1A
• October 1, 2001
•  
• SUBJECT: Idaho Construction General Contractor/Construction Manager Partnership Program
  1. Purpose.

     This Instruction provides the background and procedures for a local emphasis partnership program for Idaho General Contractors and Construction Managers.

  2. Scope.

     This Instruction applies to the Boise Area Office.

  3. Cancellation.

     Boise Area Office Instruction CPL 2.1.1, dated July 1, 1996.

  4. References.
     1. Boise Area Office Instruction CPL 2.1.2 Idaho Construction Specialty Trades Partnership Program.
     2. OSHA Instruction CPL 2.102 Procedures for Experimental Programs.
     3. OSHA Instruction CPL 2.103 Field Inspection Reference Manual (FIRM).
     4. OSHA Instruction CPL 2.25I Scheduling system for Programmed Inspections, paragraph B.1.a(2(b)4.
     5. OSHA Instruction STD 3-1.1 Citation Policy Regarding 29 CFR 1926.20, 29 CFR 1926.21 and Related General Safety and Health Provisions, Appendix A.
     6. Policy Memorandum dated August 22, 1994 for Regional Administrators from James W. Stanley, Deputy Assistant Secretary, Subject: Guidance to Compliance Officers for Programed Construction Inspection, Construction Safety Referral Inspections, and Construction Fatality or Complaint Inspections (FOCUSED Inspections).
     7. OSHA's Safety and Health Program Management Guidelines published in the Federal Register dated January 26, 1989.
     8. ANSI A10.38-1991 Safety and Health Program Guidelines.
  5. Action.

     The Boise Area Office will carry out the project following the procedures described in this instruction.

  6. Background.

     On July 1, 1996, the Boise Area Office initiated the Idaho Construction Targeting and Partnership Project for general contractors and construction managers (noted in paragraph C above). The partnership has led to significant improvements in more effective safety and health programs at construction sites managed by the general contractors/construction managers who partnered with OSHA. An important aspect of the contractor's safety and health program under the partnership has been the worksite audits they conduct, in which they identify violations of OSHA workplace standards at the site and get them corrected. The Idaho construction contractor partnership program has been a popular one and has served to highlight both employers' ability and willingness to effectively manage workplace safety and health, and OSHA's willingness to support that effort. In addition to improvements in the partnered contractors' programs and those of their subcontractors, OSHA has observed many contractors who are striving to improve their safety and health programs with the goal of becoming a partner. The diligence and hard work of the partnered contractors, and the overall positive response from the construction industry, are believed to have contributed directly to the significant reduction in Idaho construction injuries and fatalities over the last several years. The fatality rate over the last five years has been cut in half, and the total worker's compensation cases filed over the past 5 years has been reduced by 10 percentage points. And, from July 31, 1999 to May 8, 2001, the construction industry in the State of Idaho did not experience any construction related fatalities. OSHA, as well as the partnered general contractor construction managers feel that continuing this partnership program is in the best interest of construction employees, general contractors/construction managers and OSHA.

  7. Goals and Objectives.

     This project promotes contractor partnerships with OSHA under which contractors must adhere to strict requirements for managing site safety and health, and demonstrate this in advance to OSHA through a comprehensive written program and effective site enforcement. The Area Office will also verify that partnership requirements are met and program goals are being attained, by reviewing evidence of regular and effective safety audits, accident investigations and injury/illness data. The project goals are:

     1. To continue to reduce construction worker injuries and illnesses in Idaho through OSHA inspection actions and through development of effective partnerships with qualifying general contractors/construction manger under this program and for qualifying specialty contractors under reference D.1.
     2. To continue to improve employer safety and health programs.
     3. To better utilize Boise Area Office resources by using a partnership tool to reduce the need for some on-site visits, while still achieving worker safety and health.
     4. Provide maximum leverage of inspection resources by promoting more active employer action and responsibility in safety and health management.
  8. Selection of Partnership Contractors for OSHA Inspection:
     1. Programmed inspections - general. The selection of partnership companies for programmed OSHA inspections will be made from the standard construction planning guide list developed for programmed construction inspections. However, because partnership contractors have committed to conduct regular safety audits to enforce safety and health requirements at the site, the Area Office will conduct fewer programmed inspections among partnership contractors than if they were not making the partnership commitment. While all non-partnership companies that appear on a list will be inspected, only one in every five partner companies will be selected.
     2. Development of programmed inspection lists. The lists will be developed in accordance with OSHA Instruction CPL 2.25I and the construction project information system of the Construction Resource Analysis (CRA) Group at the University of Tennessee. The number of sites selected for a monthly construction planning guide inspection list is usually about 15 per month. This number can be raised or lowered depending upon other priorities and resources.
     3. Selection of sites from the lists. The sites on the construction planning guide list will be arranged to place the non-partnership contractors first, followed by those companies that have entered into a successful partnership with the Boise Area Office. Once an inspection list is opened, all non-partnership sites must be inspected and every fifth (5th) partnership company. The count of partnership companies made to identify every fifth one is a running or continuous count that carries over from list to list.
     4. Scope of programmed partner inspections. Inspections of partner sites will be conducted as a focused inspection as directed in reference D.6, with a review on fall hazards, struck-by hazards, caught by/pinched by hazards, trenching and excavation hazards, and electrical hazards. If the Compliance Safety and Health Officer (CSHO) determines during the walkaround that the number or the nature of hazards found on the project indicates that the safety program is inadequate or is not effectively implemented, the scope of the inspection will be expanded. The CSHO will not be required to review the written programs prior to conducting a focused inspection. A partnership contractor is subject to citations in accordance with the agency's policy as described in reference D.3. However, "Other-than-serious" violations identified and corrected during the inspection and verified as abated by the CSHO, will not be cited.
     5. Complaints, fatalities and catastrophes. Fatalities, catastrophes and formal complaints (signed by a current employee) will be inspected in accordance with reference D.3. This partnership grants no special provision with regard to inspections initiated as the result of a fatality, catastrophic event, or a formal complaint. Non-formal complaints will normally be handled by phone and FAX.
     6. Referrals. The area director or his designee will determine on a case-by-case basis the response to be taken on referrals of satefy and health hazards made by law enforcement, fire departments, emergency response agencies, safety and health professionals, and the media. The Boise Area Office may conduct an on-site inspection in accordance with reference D.3, or it may investigate the matter by requiring that the employer promptly review and respond formally to a description of the hazards provided by OSHA in a phone call and FAXed letter.
     7. Inspection Protocol and Citation policy: Inspections list will be conducted in accordance with guidance provided in OSHA Instructions CPL 2.103, CPL 2.25I, STD 3-1.1 and the Policy Memorandum dated August 22, 1994 (references D.3 to D.6 of this instruction). Nothing in the partnership program exempts the general contractor/construction manager from their obligation to control the site and to promptly remove employees at the site from safety and health hazards. The general contractor/construction manager may be subject to citation in accordance with the agency's multi-employer citation policy outlined in paragraph D.3 of OSHA Instruction CPL 2.103.
  9. General Eligibility.
     1. Business age. The company must have been in business for three or more years.
     2. Insurance Mod Rate. In general, the company's most recent industrial insurance experience modification rate factor must be 1.0 or less. A copy of the most recent mod rate notice must be provided when applying to the partnership program.
     3. Exception. Companies with a mod rate that exceeds 1.0 will be considered if the modification is being driven by a single loss greater than $5,000 which occurred in the last four years, and, the company's most recent calendar year lost work day injury/illness (LWDII) rate at or below the most current rate for the type of construction published by the Bureau of Labor Statistics. The most recent published rate is for CY 1999, and is 3.7 lost workday injuries/illnesses per 100 workers for general building contractors and 3.8 for heavy construction.

        An employer's LWDII rate for the most recently ended calendar year, is calculated as follows¹:
        - Review the appropriate OSHA-200 log to assure that the entries in columns 2 and 9 correctly include all the injuries/illnesses that involve days away from work or days of restricted work activity.
        -Add columns 2 and 9 to obtain the total number of lost workday injuries and illnesses.
        -Calculate the total number of hours worked during the calendar year by all employees (omitting paid hours that are not hours worked, such as sick and vacation hours).

        lwdii rate = total of columns 2 & 9 multiplied by 200,000 the number of hours worked.

        Note: multiplying by 200,000-the full-time equivalent workhours of 100
        workers, is necessary to produce a rate of injuries/illness per 100 workers.
     4. OSHA Citation History. OSHA will review the employer's citation history in both Federal OSHA states and in State Plan states (e.g., Oregon and Washington). Employers who have received an OSHA citation classified as "Willful" or Failure-to-Abate" which became a final order within the last three years, are not eligible for the partnership. Employers who have received a "Repeat" violation or a "High-Gravity Serious" violation in the same period may apply, but may be deemed ineligible at the discretion of the Boise Area Director, following his office's review of the nature of the violation. Those employers may re-apply three years after the final order date of such a violation.
  10. Partnership Application and On-Site Evaluation,

      Candidates for a partnership with OSHA will complete a copy of the Self-Evaluation Questionnaire included as Appendix A of this instruction, provide a copy of their current safety and health programs and provide a list of construction sites that will be active during the next 90 days.

      1. Written Safety and Health Programs. The general contractor/construction manager applying for the partnership program must have written safety and health programs, and must provide a copy of these programs with the application.
      2. Self-Evaluation Questionnaire. Appendix A is a self-evaluation questionnaire that employers are to complete to evaluate their safety and health programs. This self-evaluation serves as the partnership program application, and employers should complete the document, certify that the information is true and correct to the best of the employer's knowledge, and provide it to OSHA.

         The employer may, at his discretion, have his safety and health programs and the self-evaluation questionnaire reviewed in advance by another party such as a safety consultant, employer association or insurance carrier. This will not affect the level of OSHA's review.

      3. Site Visit. The employer is to provide a list of construction sites that will be active during the next 90 days. OSHA will select a site and conduct an evaluation inspection to determine if the employer's safety and health program is operating effectively and meets the partnership qualifications. The visit will be recorded as a partial scope OSHA inspection.
  11. Requirements for partnership:

      A partnership is a written agreement under which the contractor makes a commitment to maintain an effective comprehensive written safety and health program and conducts regular safety audits to enforce safety and health requirements at the site. In return, the Area Office will provide safety and health program advice and support and will conduct fewer programmed inspections among partnership contractors than if they were not making the partnership commitment.

      NOTE: Nothing in the partnership program exempts the general contractor/construction manager from their obligation to control the site and to promptly remove employees at the site from safety and health hazards. The general contractor/construction manager may be subject to citation in accordance with the agency's multi-employer citation policy outlined in paragraph D.3 of OSHA Instruction CPL 2.103.

      1. Requirement for Written Safety and Health Program: General Contractors must have a written safety and health program. The program will be reviewed by the Boise Area Office staff before the partnership is approved. The evaluation of this program will be in accordance with the guidelines in OSHA Instruction STD 3-1.1, as well as the guidelines listed below. The Self-Evaluation Questionnaire provided as Appendix A is to be prepared and submitted by the general contractor/ construction manager and will be reviewed by the OSHA representative. The OSHA representative will make any appropriate comments or recommendations based upon their document review and a site audit.
      2. Training Requirements for Managers: All job site supervisors and foremen of a partnered general contractor/construction manager will receive the OSHA 10 hour construction course or equivalent training. Equivalent training will vary for each construction activity and for the scope of a supervisor or foreman duties. Training provided in-house will often exceed the scope of the training provided by the OSHA 10-hour course. Equivalent training should include accident prevention training which has been tailored to the scope of the supervisor or foremen duties.
      3. Training Requirements for Employees: Employees will be trained in hazard recognition, OSHA standards, company safety policies and employee rights and responsibilities under the OSH Act of 1970. The guidance for this training will be the OSH Act, OSHA regulations, OSHA Pamphlet 3021 - "Employee Workplace Rights," and any other training material/guidelines deemed appropriate by the general contractor/construction manager. The goal of this training is to ensure that employees and employers work together to reduce workplace hazards. In addition, 25% of the non-management employees should complete the OSHA 10-hour construction course or be provided equivalent training as discussed above under Supervisory Training.
      4. Site Safety Audits: Site management will conduct an informal site audit daily by focusing on fall hazards, struck-by hazards, caught-in/between hazards, electrical hazards, and trenching and excavation hazards. They will also include other areas of high hazard when appropriate, such as but not limited to confined spaces and chemical hazards. Where serious hazards are noted during the informal site audit, they will be appropriately documented. On at least a weekly basis, a documented inspection of the work site will be conducted by a person competent in the safety and health issues applicable to the job at its current stage of construction.
      5. Subcontractor Enforcement: General contractors/construction managers will establish an effective policy for dealing with non-complying sub-contractors. The general contractor/construction manager will document hazards with videos or still cameras and keep track of date, time, exposed employee name(s), and what they did to get the non-complying sub-contractor to comply and the name(s) of management spoken to. If partnered company deems that OSHA enforcement action against the subcontractor is the only way to ensure future compliance, a management representative from the partnered contractor can make a referral to OSHA. The partnered company must ensure that the employees are removed from the hazard, and the condition is abated prior to allowing the employees to return to work, even when the general contractor/construction manager has elected to notify OSHA.
      6. Subcontractor Safety and Health Requirements: Partnership companies will agree to maintain a copy of the subcontractor's safety and health plan, hazard communication program, and fall protection plan. The general contractor/construction manager can require all subcontractors to follow their programs in lieu of individual subcontractor plans.
      7. Annual Reporting. The partner general contractor/construction manager will complete and provide an annual report to OSHA on or before February 15 each year so that OSHA can evaluate the program and can determine whether the contractor continues to qualify for partnership. Appendix B is the format for the report. Partner companies must review report topics in advance, to be sure that they are maintaining the information needed for year-end reporting.
      8. Partnership Banner. General contractors/construction managers who partner with OSHA may display a sign or banner at their construction sites advertising their partnership. They may also advertise the partnership on company letterhead or on information sheets submitted with bid proposals.
  12. Outreach:

      The Boise Area Office will carry out various outreach activities to introduce this project and to promote comprehensive employer safety and health programs through cooperative partnerships with general contractors/construction managers administered in accordance with this instruction and subcontractors administered in accordance with reference D.1. Efforts will be made to contact all general contractors/construction managers that may qualify. These activities may include:

      1. Speeches by Boise Area Office staff to the construction industry on the merits of this program.
      2. A press release to the Idaho Construction News.
      3. Enlisting the support and help of various organizations to promote the awareness of the project. Such organizations shall include, but not be limited to, The Idaho Construction News, the Associated General Contractors and the Associated Builders and Contractors.
      4. Providing safety and health resources/guidance at the Boise Area Office level to assist employers in the development of effective safety and health programs.
      5. Seeking the support of several partner general contractors/construction managers to offer their support concerning this project.
      6. Seeking qualified general contractors/construction managers who have demonstrated excellent commitment to safety and health to participate in this program.
  13. Partnership Agreements and Renewal
      1. Partnership Agreement. Paragraphs I, J and K of this instruction identify the eligibility and program requirements for the partnership, including the requirement for the applicant's safety and health program self-evaluation, and the requirement for an annual report. Appendix C provides a sample copy of the partnership agreement that would be signed by OSHA and the general contractor/construction manager.
      2. Renewal. Partnership agreements will require renewal action every three years. General contractors/ construction managers will be evaluated by OSHA to assure that they continue to meet the partnership requirements identified paragraph K. of this instruction. The Boise Area Director may extend the three year period somewhat if resources to conduct the renewal evaluation are not immediately available at the three year anniversary.
  14. Disqualification:

      As indicated in paragraph I.4., OSHA will review applicant's violation history with OSHA and with State programs (e.g., Oregon-OSHA and Washington's WISHA) and may disqualify applicants in advance. In addition, citations received by a partner contractor subsequent to partnership may result in termination of the partnership agreement:

      • a "Willful" or "Failure-to-Abate" citation received subsequent to partnership will always result in termination of the partnership agreement.
      • a "Repeat" violation may result in termination of the partnership, agreement depending on the circumstances of the repeat violation.
      • an OSHA inspection resulting in numerous violations or in high gravity "Serious" violations may also result in termination of the partnership agreement.
  15. Recording in OSHA's Integrated Management Information System (IMIS):

      The activities and hours for this program's partnership inspection, evaluation and compliance assistance activities are to be recorded in IMIS using the Local Emphasis Code IDCON.

      1. An OSHA 1 Inspection Report will be completed for on-site evaluation of the partner's safety and health program, and for all subsequent inspections. In most cases the scope of the inspection will be 'partial'. Mark these as a Local Emphasis Program inspection with the code IDCON in block 25C.
      2. Program evaluations, discussions, and paper reviews conducted prior to the site evaluation, and compliance assistance outreach activities, are to be recorded on an OSHA-55 with the LEP code IDCON (or the successor compliance assistance Web-form).
  16. Evaluation of the Project:

      By March 15 of each year that this project remains active, an evaluation of the project shall be conducted by the Boise Area Office.

      NOTE: If the project is determined to be ineffective after the above evaluation it will be discontinued. In this case, the general contractor/construction manager who has entered into a partnership with OSHA will be formally notified in writing.

• //original signed//
• Ryan E. Kuehmichel
• Area Director
•  
•  
•  
• CONCURRENCE:
•  
•  
• //original signed//
• Richard S. Terrill
• Regional Administrator

APPENDIX A
GENERAL CONTRACTOR/CONSTRUCTION MANAGER
SELF EVALUATION AND APPLICATION/RENEWAL

• Auditor Name ________________________________________ Date ______________
• Company Name ______________________________________ Tel. # _____________
• Physical Address______________________________________ FAX # ____________
• City __________________________ State _____________ Zip ______________
• Mailing Address _____________________________
  _____________________________
• City __________________________ State _____________ Zip ______________
• Submitted by ___________________ Title _____________ Tel. # ____________
• Type of Contractor _________________________________

-Appendix B-
ANNUAL REPORT
FOR
IDAHO GENERAL CONTRACTOR/CONSTRUCTION MANAGER PARTNERSHIP PROJECT
DUE BY 15 FEBRUARY EACH YEAR

• 1, Company name submitting this report: ________________
• 2. This report is for calendar year: ________________
• 3. Have you had any lost time accidents, property damage YES NO NA exceeding $5,000 or near misses?
• 4. List the name of the company(s) involved in these incidents:
• ____________________________________________
• ____________________________________________
• ____________________________________________
• 5. If your answer to question number 3 is yes, have you attached a copy of each accident investigation? YES NO NA
• 6. Transfer the previous year's summary totals from your OSHA 200 log to the following table:

OSHA 200 LOG

• HOURS WORKED IN PREVIOUS YEAR: _______________
• 7. Insurance Experience Modification Rate: _______________
• 8. Number of sites audited during the previous year: _______________
• 9. Number of audits conducted during the previous year: _______________
• 10. Number of violations found by your audits during the _______________ previous year:
• 11. Number of subcontractors who worked for you during the ______________ previous year:
• 12. Top three reoccurring violations corrected during the previous year:
• ____________________________________________
• ____________________________________________
• ____________________________________________
• 13. Non-compliance letters were issued to the following contractors during the previous year:
• ____________________________________________
• ____________________________________________
• ____________________________________________
• 14. Warning were given to the following contractors during the previous year:
• ____________________________________________
• ____________________________________________
• ____________________________________________
• 15. The following contractors were shut down due to safety and health violation during the previous year:
• ____________________________________________
• ____________________________________________
• ____________________________________________
• 16. The following contractors were removed from the site for safety and health violations during the previous year:
• ____________________________________________
• ____________________________________________
• ____________________________________________

APPENDIX C
PARTNERSHIP AGREEMENT BETWEEN THE UNDERSIGNED
GENERAL CONTRACTOR/CONSTRUCTION MANAGER AND OSHA

The undersigned parties mutually agree to the goals and objectives described in paragraph F of this instruction. We are committed to employee safety and health through the proper implementation of this agreement. The undersigned parties agree to operate within the scope of this instruction. The undersigned general contractor agrees to meet the requirements of paragraph H of this instruction to qualify for a partnership.

The undersigned parties understand that this agreement can be canceled by either party by written notice (in accordance with paragraph J of this instruction). In addition, the undersigned parties understand that this agreement will require renewal action every three years (in accordance with paragraph J of this instruction). The undersigned general contractor is aware of the disqualification clause specified in paragraph M of this instruction.

General Contractor: Union (if applicable): OSHA Area Director:

______________________ __________________________ ________________________

Date: __________ Expiration date: __________

¹For 2002 rates and thereafter: OSHA has replaced the OSHA-200 log effective January 1, 2002 with a revised form OSHA 300 and 300A. Accordingly, when calculating the lwdii rate from injuries and illnesses recorded on the 300 forms, use the total of columns H and I in lieu of columns 2 and 9.