Partnership #863 - Agreement - September 17, 2015

Partnership Agreement
Between
Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
and the
U.S. Department of Labor
Occupational Safety and Health Administration
Allentown, Philadelphia and Wilkes-Barre Area Offices
and the
PA/OSHA Consultation Program
at
Indiana University of Pennsylvania

1. PARTNERS

   The partners of the Agreement are:

   • The Associated Builders and Contractors, Inc., Eastern Pennsylvania Chapter (ABC-EPA)
   • The Allentown, Philadelphia and Wilkes-Barre Area Offices of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA)
   • Pennsylvania OSHA Consultation at Indiana University of Pennsylvania (PA OSHA Consultation)
2. PURPOSE AND SCOPE

   The Associated Builders and Contractors, Inc., (ABC) Eastern Pennsylvania Chapter (ABC-EPA), OSHA and PA OSHA Consultation, mutually recognize the importance of providing a safe and healthful work environment for those employees working in eastern Pennsylvania. To advance our mutual goal, we strongly agree on the need to develop partnerships that foster mutual trust and respect for the respective roles of each organization in the construction safety process. We recognize and embrace the responsibilities inherent in those roles. We are committed to work as partners to achieve construction workplace safety and health through shared strategies and objectives.

   Implementation of this Agreement is expected to result in an improved awareness of safety hazards and concerns at construction sites and decreased injuries, illnesses and fatalities for partnering (OSHA Partners) employers with a resultant decrease in worker compensation costs as well as other direct or indirect costs of accidents.

   This Agreement incorporates the Safety Training and Evaluation Process (STEP) program, implemented annually by the Associated Builders and Contractors, Inc. (ABC). The STEP program is an objective tool that contractor members can use to evaluate and strengthen their safety programs, policies and procedures.

   The STEP program consists of 20 Key Components, which are centered on the components of OSHA's 1989 Safety and Health Program Management Guidelines. There are several key components which focus on employee (worker) involvement, including but not limited to: "Responsibility for Safety" (Section C - Safety Committee), "Pre-Planning for Jobsite Safety" (Section H.), "Employee Participation" (Section I.), and "New Employee Orientation" (Section J.).

   Through STEP, ABC-EPA recognizes participants based on their development and enactment of safety programs, policies and procedures. The six recognition levels are Participant, Bronze, Silver, Gold, Platinum and Diamond. STEP program resources, along with the most current application and instructions for completing it, can be found on ABC's web page at http://www.abc.org/Safety/STEP.aspx.

3. PARTICIPATION GOALS/STRATEGIES AND PERFORMANCE MEASURES

   ABC-EPA, OSHA and PA OSHA Consultation will work in partnership to accomplish the following goals:

   • Reduce the Total Case Incident Rate (TCIR) and the Days Away Restricted or Transfer (DART) rate affecting each partnering employer, with an emphasis on reducing injuries and illnesses resulting from falls, struck-by and caught-in/between, and electrocution hazards (OSHA's four focused construction hazards). Upon execution of this agreement, the most current three year average TCIR and DART rate of an employer participating in the partnership will serve as its baseline. Annually, thereafter, each participating employer will provide OSHA its TCIR and DART rates and the number of recordable cases which involve the four focused construction hazards, in order to measure progress toward reaching the partnership's goals.

     Strategies:

     Measures:

     • ABC-EPA, OSHA and PA OSHA Consultation will work together to identify and correct primary causal factors of workers' injuries and illnesses.

       ABC-EPA, OSHA and PA OSHA Consultation will share and disseminate best safety practices in the construction industry.

       TCIR and DART rates

       The total number of injuries and illnesses resulting from OSHA's four focused construction hazards.

       NOTE: Although each participating employer will be compared to their specific and most current NAICS rate, as published by the Bureau of Labor Statistics (BLS), the annual report will reflect a compilation of all partnering employers' data, which will then be compared to the most recently published BLS data for NAICS code 23 - Construction.
   • Increase the STEP scores for each partnering employer

     Strategies:

     Measures:

     • Mentor Participant, Bronze, Silver, Gold, Platinum and Diamond STEP award applicants to develop, implement, and maintain effective safety and health programs and move to or maintain the ABC Diamond level.

       The STEP scores of each partner.

       The number of applicants (those employer which previously submitted a STEP application) that increased their STEP score and/or move to another STEP level.
   • Increase the number of partnering employers who actively participate in National Safety Week Events

     Strategies:

     Measures:

     • OSHA, PA OSHA Consultation and ABC partners will participate in and share ideas focusing on nationally recognized (or publicized) Safety Week Events, such as but not limited to OSHA's Fall Prevention Safety Stand Downs.

       The number of OSHA partners who participate in a nationally recognized safety event.

       Additionally, the number of job-site employees who are directly affected by the event will also be identified. If attainable other data may be collected if relevant to the event (i.e. number of personal fall arrest equipment devices which are taken out of service following a Fall Prevention Stand Down). The Partnership Steering Committee will identify events and related data to be collected.
4. SAFETY AND HEALTH MANAGEMENT SYSTEMS

   One of the main goals of this OSP is to implement an effective Safety and Health Management System (SHMS). This is achieved through ABC's STEP program.

   The STEP program consists of 20 Key Components, which are centered on the components of OSHA's 1989 Safety and Health Program Management Guidelines. There are several key components which focus on employee (worker) involvement, including but not limited to: "Responsibility for Safety" (Section C - Safety Committee), "Pre-Planning for Jobsite Safety" (Section H.), "Employee Participation" (Section I.), and "New Employee Orientation" (Section J.).

   Through STEP, ABC-EPA recognizes participants based on their development and enactment of safety programs, policies and procedures. The six recognition levels are Participant, Bronze, Silver, Gold, Platinum and Diamond. STEP program resources, along with the most current application and instructions for completing it, can be found on ABC's web page at http://www.abc.org/Safety/STEP.aspx.

5. WORKER INVOLVEMENT

   Worker involvement is a fundamental component of an effective SHMS. As noted above, several components of ABC's STEP program focus on worker involvement. Additionally, participating employers will provide the opportunity for worker(s) to participate in the site evaluation.

6. PARTNER ROLES AND RESPONSIBILITIES

   ABC-EPA, OSHA and PA OSHA Consultation agree to work in partnership to improve safety and health performance of participating employers.

   ABC-EPA agrees to:

   Distribute STEP applications to ABC-EPA members.

   Distribute information regarding this Agreement, including information on how to participate in this Agreement (Appendix A), along with the STEP application.

   Inform OSHA of those employers participating in the partnership, along with their level of recognition (Participant, Bronze, Silver, Gold, Platinum or Diamond).

   Provide OSHA with a copy of the sign-in sheets and minutes for all Mentoring Events and Chapter Safety Committee meetings. Additionally, the ABC-EPA will provide documentation of any partnering employers who completes an ABC sponsored safety class.

   Share baseline and ongoing injury and illness measurement data with OSHA.

   Meet with OSHA quarterly to discuss mutual partnership commitments, mentoring, issues with implementation and best practices in construction safety.

   Share and, when possible, post best practices in construction safety on ABC websites, especially as they relate to correcting the four focused construction hazards and improving STEP award levels.

   OSHA agrees to:

   Work cooperatively with ABC-EPA to provide safety and health information, technical assistance, and training to participants, in order to facilitate improvements in safety and health management systems.

   Work with ABC-EPA to recommend program improvements to individual Participant, Bronze, Silver, Gold, Platinum and Diamond STEP applicants.

   Conduct unannounced onsite non-enforcement verification evaluations/audits of 10% of the employers participating in this partnership and send summary notifications upon completion of the evaluation/audit.

   Ensure that the affected OSHA Area Office staff members are familiar with requirements and objectives of this partnership.

   Participate in ABC-EPA conferences, committee meetings and/or other professional functions, as time and resources permit.

   Recognize partnering employers on OSHA's public website.

   Post best practices in construction safety on OSHA's public website, especially as they relate to correcting any of OSHA's four focused construction hazards. This information will be provided through the annual report, when such best practices are identified.

   Contact any partnering employer that has missed a quarterly Mentoring Event and/or other safety event as defined by this agreement and request an explanation or justification for missing the event(s).

   As there are no enforcement incentives as part of OSHA's Partnership Program, OSHA enforcement staff will continue to conduct investigations resulting from program scheduling, formal complaints, referrals, fatalities, catastrophes, other accidents or significant events.

   PA OSHA Consultation agrees to:

   As resources permit, meet with ABC-EPA and OSHA at the monthly meetings to review partnership issues, examine topics related to injury and illness rates and the focused four injury and illness experiences of ABC-EPA Partners.

   As resources permit, and in cooperation and conjunction with OSHA, assist in conducting the non-enforcement verification visits, as detailed in Section VI -(Verification) of this agreement.

   PA OSHA Consultation will strive to ensure that eligible¹ contractors who request services from the OSHA funded free consultation program, will receive priority service. This service is part of the PA OSHA Consultation program which can be reached at 1-800-382-1241.

   Partnering Employers agree to:

   Complete and submit the Safety Training and Evaluation Process (STEP) Program Application annually.

   Complete, sign and submit to the ABC-EPA the Agreement of Participation (Appendix A).

   Complete and submit the Focus Four Injury and Training Data Collection Sheet (Appendix B) annually.

   Participate in an onsite non-enforcement verification evaluation/audit if selected.

   Encourage worker involvement in the development of the company safety and health management system and participation of workers in onsite non-enforcement evaluations.

   Attend all quarterly Mentoring Events.

   The Mentoring Events will focus on the 20 Key Components of STEP and/or other relevant safety and/or health topic deemed necessary by the Partnership Steering Committee. To address the 20 Key Components of STEP, every partnering employer will be assigned several components to present and/or facilitate discussion (with other partnering employers at a quarterly Mentoring Event or at a scheduled Safety Committee meeting. It is anticipated that all 20 Key Components will be thoroughly covered over the timeframe (five years) of this agreement.

   The quarterly Mentoring Events will be repeated in the subsequent month at another location (preferably in the Allentown, Pennsylvania area), to provide more opportunities for partners to attend. Work schedules may prohibit attendance at the first event (which will be held at the ABC Chapter office) and the opportunity to repeat the event at another location will provide greater flexibility for those partnering employers who are not in close geographical proximity of the ABC Chapter office.

   To avoid the potential for burdensome travel (to repeat the Mentoring Event, as described above), partnering employers will be placed in groups (approximately 5 or 6 employers) and will coordinate their efforts to ensure that scheduled Mentoring Event topics are adequately presented at both locations.

   Annually, attend at least two other safety events.

   These events can be attendance at the ABC-EPA Safety Committee meetings, which normally are held on the second Friday of each month (at the ABC Chapter office) or any ABC sponsored safety class (any topic) during the STEP year. If another ABC Chapter sponsored class is utilized to fulfill this requirement, sufficient documentation must be provided to the ABC-EPA for tracking and reporting.

   Partnering employers will be removed from this agreement if they fail to meet these requirements. This action will occur after consultation with the Partnership Steering Committee.

    

   ¹Eligible means that the contractor or subcontractor is a signatory participant of this Agreement and meets the criteria defined by CSP 02-00-002 - Consultation Policies and Procedures Manual, dated January 18, 2008.

7. VERIFICATION PROCEDURES

   Annually, OSHA Compliance Assistance Specialist(s) will conduct onsite non-enforcement verification(s) of 10% of the employers participating in this partnership. OSHA will evaluate the employer's progress toward meeting the goals of this partnership agreement, implementation of its safety and health management system and observe the site to see if the partnering employer is adequately protecting its employees, with emphasis in the top four causes of construction injuries: falls, struck-by and caught-in/between, and electrocution hazards (OSHA's four focused construction hazards). If during the onsite non-enforcement verification audit, the Compliance Assistance Specialist (CAS) identifies serious hazards that the partner refuses to correct, the CAS will make a referral for an onsite enforcement inspection.

   Annually, all partnering employers will be placed in a pool for random selection. If a selected employer had received an OSHA onsite non-enforcement verification audit in the preceding year, the employer's name will be withdrawn and a new employer will be selected. No partnering employer will be selected for an OSHA verification audit in two consecutive years. The annual report will serve as a means of tracking which partnering employers will be ineligible for a non-enforcement verification audit, because they received one the previous year.

8. INCENTIVES

   OSHA will offer the following incentives to ABC-EPA employers participating in this partnership:

   • Conduct unannounced onsite non-enforcement verification evaluations/audits (as described above and below) for employers participating in this partnership and send summary notifications upon completion of the evaluation/audit.
   • Outreach, technical assistance and training, to include:
     1. Being available for a variety of onsite and offsite activities such as review of the safety and health management system and assistance to develop or improve the system, and guidance in conducting audits and evaluations.
     2. Seminars, workshops and other speaking events.
     3. Informational materials such as safety and health brochures, pamphlets, and electronic tools.
   • Award a certificate of "participation" to OSHA partners who support occupational safety and health and sign the Agreement of Participation (Appendix A). The certificate will be co-signed by the President of the ABC- EPA Chapter and the Area Director of OSHA's Allentown Area Office (managing office of this Agreement).
9. PARTNERSHIP MANAGEMENT AND OPERATION

   A Partnership Steering Committee comprised of representatives from the ABC-EPA Safety Committee, OSHA's Allentown Area Offices, and as resources permit PA OSHA Consultation, will meet quarterly (at a minimum) and oversee the activities of this partnership:

   • ABC-EPA will forward to OSHA a completed and signed Agreement of Participation (Appendix A) from each partnering employer.

     NOTE: OSHA's Allentown Area Office (AAO) will oversee the management of this OSHA partnership agreement. The AAO point of contact will forward all signatory partnering employer names to the Regional Office to coordinate recognition of participants on OSHA's public website. This will be conducted through the submission of the annual partnership report.

   • ABC-EPA will also forward the partnering employers' STEP applications and STEP award levels.
   • ABC-EPA will share with OSHA the data required to calculate the TCIR and DART rates for the baseline years and each subsequent year for the annual evaluation of this partnership, including data on the four focused construction hazards (falls, struck-by and caught-in mishaps, and electrocution).
   • The Partnership Steering Committee will meet quarterly (at a minimum) to review partnership issues, including review of each partnering employer's commitment to meeting the goals and requirements of this agreement, mentoring activities, and to examine updated TCIR and DART rates and the injury and illness experience of ABC-EPA partnering employers. This will allow each partnering employer to make corrections and adjustments as needed, in order to facilitate excellence in their occupational safety and health programs.
10. WORKER AND EMPLOYER RIGHTS

    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 the Act.

11. TERM OF PARTNERSHIP

    This agreement will terminate five years from the date the partnership is signed. If either OSHA or ABC-EPA wishes to withdraw their participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.

    Partnering employers may withdraw from this agreement at any time upon submission and receipt of a written notice of intent to withdraw from this partnership agreement. Submission of withdrawal must be sent to the ABC-EPA Chapter and the Allentown Area Office.

12. EVALUATION

    The Partnership Steering Committee will prepare an annual evaluation of the partnership using Appendix C. The evaluation will review the implementation of the agreement and will include a discussion of how the goals were met and any changes that need to be made to achieve its stated goals and objectives.

13. PAPERWORK REDUCTION ACT

    OSHA Strategic Partnerships are part of OSHA's available voluntary cooperative programs. As per the Paperwork Reduction Act of 1995 (PRA OMB CONTROL NO. 1218-0244, expires December 31, 2015), the public reporting burden for this partnership's collection of information is estimated at 22 hours per participant, per year. If you have any comments regarding this collection of information, including suggestions for reducing the burden or revising the burden estimate, please direct them to:

    Occupational Safety and Health Administration
    Attention: Director, Office of Partnerships and Recognition
    Directorate of Cooperative and State Programs
    200 Constitution Avenue, NW - Room N3700
    Washington, DC 20210
14. Primary Partnership Contacts:

    OSHA - Allentown:
    Scott G. Shimandle,
    Stabler Corporate Center,
    3477 Corporate Parkway, Suite 120,
    Center Valley, Pa 18034,
    (267) 429-7542,
    Scott Shimandle

    ABC-EPA Chapter:
    Michael Krebsbach,
    Director of Education Services,
    430 West Germantown Pike,
    East Norriton, Pa 19403,
    (610) 279-6666,
    Michael Krebsbach

    OSHA - Philadelphia:
    James Harrity,
    US Customs House, Room 242,
    Second & Chestnut Street,
    Philadelphia, Pa 19106,
    (215) 597-4955,
    James Harrity

    OSHA - Wilkes-Barre:
    Steven Delp,
    The Stegmaier Building, Suite 140,
    7 North Wilkes-Barre Boulevard,
    Wilkes-Barre, Pa 18702,
    (570) 826-6538,
    Steven Delp

    PA/OSHA Consultation Program at Indiana University of PA:
    Cynthia Mellen,
    CSP, Safety Consultant,
    (610) 799-3068,
    Cindy Mellen

     

    Signature Page
    for the Partnership Agreement between the OSHA Allentown, Philadelphia and Wilkes-Barre Area Offices, the Associated Builders and Contractors, Inc. Eastern Pennsylvania Chapter representatives, and the PA OSHA Consultation Program.

    All undersigned Parties mutually agree to the terms and conditions of this document and commencement of this Partnership Agreement on this 17th day of September 2015

     

    ---

    Jean G. Kulp
    Area Director
    USDOL/OSHA
    Allentown Area Office

     

    ---

    Mary Tebeau
    President & CEO
    Associated Builders and Contractors, Inc.
    Eastern Pennsylvania Chapter

     

    ---

    Nicholas DeJesse
    Area Director
    USDOL/OSHA
    Philadelphia Area Office

     

    ---

    Wayne Eik
    Safety Committee Chairperson
    Associated Builders and Contractors, Inc.
    Eastern Pennsylvania Chapter

     

    ---

    Mark Stelmack
    Area Director
    USDOL/OSHA
    Wilkes-Barre Area Office

     

    ---

    Samuel Gualardo
    Director
    PA/OSHA Consultation Program
    Indiana University of Pennsylvania

APPENDIX A - AGREEMENT OF PARTICIPATION IN THE PARTNERSHIP BETWEEN

Associated Builders and Contractors, Inc.
Eastern Pennsylvania Chapter
and the
U.S. Department of Labor - OSHA
Allentown, Philadelphia and Wilkes-Barre Area Offices
and the
PA OSHA Consultation Program
At
Indiana University of Pennsylvania

The United States Department of Labor Occupational Safety and Health Administration (OSHA), PA OSHA Consultation Program at Indiana University of PA (PA OSHA Consultation) and the Associated Builders and Contractors, Inc., Eastern Pennsylvania Chapter (ABC-EPA) each recognize the importance of providing a safe and healthful work environment for Pennsylvania's workforce. To advance our goal, we strongly agree on the need to develop a working relationship that fosters trust and respect for each organization's respective role in the safety process. We recognize and embrace the responsibilities inherent in those roles. We are committed to work as partners to achieve workplace safety.

The undersigned employer and ABC-EPA mutually recognize the importance of providing a safe and healthful work environment for their employees. To advance our goals, said member agrees with the criteria of the Partnership between OSHA's Allentown, Philadelphia and Wilkes-Barre Area Offices, PA OSHA Consultation and the ABC Eastern Pennsylvania Chapter.

Said member has read this partnership agreement in its entirety. In signing this agreement, said member agrees to all the conditions and terms of the partnership. Said member also agrees to the following:

1. Cooperate in the development and continuous improvement of safety training programs for their employees.
2. Ensure that safety policies and practices are effective and consistent.
3. Review members' injury and illness experience, including TCIR and DART rates, and the focused four construction hazards with the Partnership Steering Committee.
4. If selected for an onsite non-enforcement verification audit, will provide the opportunity for worker(s) to participate in the site evaluation.
5. Either party to the partnership may withdraw from the agreement at any time after submitting written notification of intent to the other partner.

INFORMATION AND SIGNATURE PAGE
FOR
PARTICIPATION AGREEMENT

Agreed to this day, _______________________________, 201____

Employer Information:

Employer Name: _________________________________________________________

Address: ________________________________________________________________

City: __________________________________ State: ______ Zip Code: _____________

Office Phone Number: ___________________________

Office Fax Number: _____________________________

Employer's Primary Safety Contact: ___________________________________________________

Email: _____________________________________________________

Employer's Secondary Safety Contact: __________________________________________________

Email: _____________________________________________________

Employer Representative (if different than above):

________________________________________________________________________

Signature: _______________________________________________________________

APPENDIX B - ABC-EPA / OSHA Partnership Focus
Four Injury and Training Data Collection

Employer: ______________________________________________________________

Please list the number of OSHA 300 recordable injuries for Calendar Year 201____ in each category (if none - please indicate 0):

Falls: __________   Caught-in: _________

Struck-by: _________   Electrical: _________

Safety/Health Training (classroom, computer and/or toolbox topics) Information for Calendar Year 201_____:

Approx. Employee Safety Training Hours: _____________

Approx. Supervisor/Manager Safety Training Hours: _____________

Topics of Training:

____________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________

Person Reporting Information/Data:

Please email or fax this information to:

OSHA - Scott G. Shimandle, fax (267) 429-7567, Attn: Scott G. Shimandle

ABC-EPA Chapter - Michael Krebsbac, fax (610) 279-7052, Attn: Michael Krebsbach

Appendix C - OSHA Strategic Partnership Program (OSPP)
Annual Partnership Activities Report and Evaluation
Month/Day/Year - Month/Day/Year