Partnership #764 - Renewal - Agreement - August 17, 2017

Partnership Agreement
Between the
Mason Contractors Association of St. Louis
(MCA)
And
Occupational Safety and Health Administration
St. Louis Area Office
(SLAO)

1. Identification of Partners

   The partners in this agreement will include the Occupational Safety and Health Administration's St. Louis Area Office and the Masonry Contractor's Association of St. Louis.

   The Eastern Missouri Laborers’ District Council pledges their support of the Partnership by signing the agreement.

2. Purpose/Scope

   The masonry industry is one of the largest users of scaffolding. As a result this Partnership will focus on:

   1. Fall Hazards;
   2. Caught-between Hazards;
   3. Struck-by Hazards; and
   4. Electrical and Trenching/excavation hazards when appropriate

   With the help of the participating Union, The Mason Contractors Association and OSHA, the masonry industry will focus on its own safety concerns and strive for a zero rate of accidents. This would allow OSHA to leverage their resources by allowing their personnel to focus on other industries in need of their assistance.

   The Mason Contractors Association of St. Louis has had a partnership with the St. Louis Area Office since May 16, 2003

3. Goals/Strategies and Performance Measures

   The overall goal of the Partnership is to reduce the injuries/illnesses reported by 10% by the end of the third year.

   Goal	Strategy	Measure
   The annual goal of this partnership is to maintain recordable injuries / illnesses to an aggregate rate that is below the current BLS average rates for the masonry contractors industry (NAICS 238140) annually; and 10% below the 2015 Bureau of Labor Statistics (BLS) average for the masonry industry by the end of the third year. (The 2015 BLS TCIR and DART rates for NAICS 238140 are 3.8 and 2.2, respectively.)	Frequent jobsite inspections utilizing a system developed by the Partnership Members. Site specific orientations for every employee and additional training as needed.	OSHA injury/illness data-Total Case Incident Rate (TCIR), Days Away, Restricted or Transferred (DART); Rate Downward trend in injuries due to falls and reduced near misses, as evidenced by decreased DART rate; after third year, 10% reduction of both rates from the established baseline; The 2015 BLS TCIR and DART rates for NAICS 238140 are 3.8 and 2.2, respectively, will be utilized for the baseline.
   Management Commitment and Employee Participation	Adherence to each company’s safety program, (i.e., Good Catch Hazard Identification Program, Jobsite Pre-Planning Meetings, etc.)	Track the number of jobsite inspections and hazards identified and abated, as well as the number of employees who participate in these activities in the annual evaluation
   Job-Site Analysis	Recognition and abatement of hazards in a timely manner; regular job-site safety inspections by foremen	Track the number of job-site analyses as well as employee involvement in hazard identification in the annual evaluation; review quarterly submissions of jobsite inspection review sheets
   Hazard Prevention and Control	Fall protection is to be used in any instance where work is being performed 6’ or more above a lower surface.	Track compliance and incidents through daily worksite audits and weekly safety and Health Committee Meetings and compare to 100% compliance and zero incidents in the annual evaluaiton; partnership review of Disciplinary Notifications submitted quarterly
   Training	All Partnership members agree to the 10-Hour OSHA Training requirement, and will have all of their workers trained to this level; Individual partners conduct Tool Box Talks and other jobsite training; At the quarterly Partnership meeting, the Mason Contractors Association will provide training, such as fall protection, general contractor safety requirements, hazard communication, Hydra-mobile scaffolds, etc.	Track and verify accomplishment of training by subcontractor and subcontractor employee. Maintain documentation of training on file, to be made available for OSHA upon request. Conduct other hazard specific training, as needed, by respective subcontractors; report training in the annual evaluation
   Provide for worker involvement	Provide worker involvement and/or union representation in safety meetings, worksite audits, and hazard analysis	Document and report in the annual evaluation worker/union involvement

   The overall success of the Partnership will be measured as follows:

   The overall success of this program will he jointly evaluated by the Partnership administrator and OSHA's St. Louis Area Office based on the following four measures:

   1. The Partnership administrator will collect and provide to OSHA the Injury/illness Incidence rates (OSHA 300 and employment data), as well as near misses of participating contractors, on a quarterly basis.

   2. The Partnership administrator will administer surveys to participating contractors and their employees annually.

   3. Partnership participants will show a downward trend in injuries, particularly due to falls and reduced near misses.

   4. A baseline will be established by using the 2015 Bureau of Labor (BLS) National Average TCIR and DART rates for NAICS 238140, which are 3.8 and 2.2, respectively. At the end of the three year period, the three year aggregate data will be compared to the baseline, which will be 10% lower.

   5. Annually, the Group aggregate TCIR and DART Rates will be compared to the most currently published BLS National Average for construction (NAICS 23814, Masonry Contractors) TCIR and DART rates.

   6. Track the number of written silica exposure control plans developed and implemented.

   7. Participation in OSHA’s initiatives, such as the National Fall Stand-down.

4. Annual Evaluation

   The Partnership will be evaluated annually utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-003. This data will be provided to the OSHA Area Office. The data used to conduct the annual evaluation will be collected on a calendar year basis.

5. OSP Benefits

   1. In the event that an OSHA verification inspection (see Section VI) does reveal willful, serious, or repeat violations, the inspection will not be considered successful. Under this circumstance, the, OSHA Area Director may also remove the contractor from the Partnership program. The contractor will be eligible for reinstatement to the Partnership program in twelve months.

   2. Partnering contractors will receive no penalties for other-than-serious violations from OSHA (excluding reporting requirement violations), provided that the violation is abated during the OSHA on-site enforcement inspection. The contractor reserves the right to request an informal conference and formally contest any alleged OSHA violation/citation.

   3. Partnering contractors will receive maximum reductions allowed by the OSHA CPL 02-00-159; Field Operations Manual (FOM) dated October 1, 2015, for good faith and size for penalties assessed for OSHA violations. Note: In the event that the FOM is revised, the most current FOM will be utilized.

   4. Partnering contractors may receive benefits from owners and respective insurance companies/contractors/unions and recognition from affiliates of the Partnership program.

   5. One of the core benefits of the Partnership Program will be to develop contractors who can serve as models for others to emulate. The program will include the development of criteria for a "model" company; and those companies that qualify will be asked to mentor smaller contractors, or contractors with less effective safety and health programs. The respective contractor association and union participating in the Partnership can also provide such mentoring services. This mentoring may take several forms as follows:

      1. Structured programs created within the scope of ongoing contractor association/apprenticeship/union safety and health education;

      2. Programs developed for presentation at the MCA monthly meeting; and

      3. Instruction offered in conjunction with apprentice/journeyman union training programs, and other training programs.

6. OSHA Verification

   1. OSHA will continue to investigate fatalities and catastrophes, including OSHA reportables, under 29 CFR 1904.39, should they occur at the jobsite as well as alleged “imminent” danger situations per the FOM, as well as emphasis programs (such as those involving falls and trenching). Note: In the event that the FOM is revised, the most current FOM will be utilized.

   2. OSHA will continue to investigate complaints and referrals received in accordance with the FOM. Note: In the event that the FOM is revised, the most current FOM will be utilized.

   3. OSHA will continue to perform all program planned inspection activity in accordance with the respective Local and/or National Emphasis Programs (LEP/NEP) and the FOM. Note: In the event that the FOM is revised, the most current FOM will be utilized.

   4. OSHA will conduct one unannounced on-site enforcement verification inspection each year for the term of the Partnership. The enforcement verification inspection will be conducted with at least one of the Partnership members, which will satisfy the requirement for the Association as a whole. These inspections will use “Focused Inspection” initiative policy {Memorandum from James W. Stanley, “Guidance to Compliance Officers for Focused Inspections in the Construction Industry”, dated August 22, 1994 (Revision 2 issued September 20, 1995 and incorporated herein)} addressing hazards related to falls, struck by, caught-in/between and electrical shock. Inspections conducted in response to complainants, Local and/or National Emphasis Programs (LEP/NEP), or referrals will qualify as the verification inspection if, in addition to addressing the complaint/LEP/NEP/referral item(s), the compliance officer completes the focused inspection protocol for the worksite in accordance with OSHA Standards Interpretation and Compliance Letter, August 22, 1994, Guidance to Compliance Officers for Focused Inspections in the Construction Industry. If a verification inspection is not conducted with one of the Partnership members during the first three quarters of each year of the Partnership as a result of OSHA programmed or un-programmed activity, OSHA will work with the Association's headquarters to determine all Partnership members’ current jobsites and randomly select a site for inspection during the fourth quarter.

   5. The OSHA annual on-site enforcement verification inspection with one of the Partnership members contained in this program will serve the sole and exclusive purpose of meeting the requirements in this Partnership agreement. The aforementioned inspection will not serve for verification of any agreements or partnerships outside this agreement (such as the site-specific partnerships in the OSHA St. Louis Area Office).

7. OSP Management and Operation/Implementation

   Contractors seeking participation in this Partnership program have read this Partnership agreement in full and signify agreement to all the requirements herein upon application to the Mason Contractors Association and the St. Louis Area Office-OSHA Partnership Agreement.

   Contractors seeking participation into the MCA/OSHA Partnership must meet the following criteria:

   1. Must be a member of the Mason Contractors Association of St. Louis.

   2. Have established a written safety and health program.

   3. Any and all contractors participating in this partnership must agree to the safety and health guidelines (as outlined under the Safety Program Criteria below), as well as the Partnership agreement.

   4. Have provided clear evidence of implementation of the program throughout the company.

   5. Is in compliance with applicable OSHA regulations and requirements.

   6. Have made safety and health an integral part of the company's training and employee awareness programs.

   7. Have had the effectiveness of the safety and health program confirmed by a site visit. The contractor and its employees are not only operating safely but can serve as a model for other contractors and their employees.

   8. Agree to provide injury, illness, accident records and employment data to the program administrator of the Partnership. The administrator will then provide this information to the St. Louis Area Office.

   9. Implement a company-wide 6’ fall protection policy.

   10. Develop and implement a written silica exposure control plan.

   11. May utilize the free Missouri 21(d) state consultation service, where appropriate.

   12. Must pass an on-site inspection by their organization (see Safety Program Criteria A. 7).

   13. Membership will be established when all criteria is satisfied as determined by a third party consultant, an OSHA representative and the Executive Director of the Mason Contractors Association.

   Safety Program Criteria

   The criteria for a sound company safety and health program will include the following:

   1. Management Commitment and Employee Participation.

      1. A written safety and health policy statement signed by a company principal, or officer with authority, and distributed to all employees.

      2. The written safety and health program should address recognized hazards and should be is based on OSHA’s ‘Recommended Practices for Safety and Health Programs in Construction’ dated October, 2016. This may be found at: https://www.osha.gov/shpguidelines/docs/8524_OSHA_Construction_Guidelines_R4.pdf. The OSHA’s ‘Recommended Practices’ contain seven core elements—management leadership, worker participation, hazard identification and assessment, hazard prevention and control, education and training, program evaluation and improvement, and communication and coordination for employers on multiemployer worksites.

      3. The top management of each contractor shall designate an individual to implement and monitor the employers/contractor’s safety and health program. This designee will conduct at least two jobsite visits for quality control:

         1. The individual selected shall have completed, as a minimum, the OSHA 10-Hour Construction Safety and Health Training Course or equivalent training within three (3) years immediately prior to appointment.

         2. The individual appointed shall have at least five (5) years of construction experience, or a combination of five (5) years of experience and formal education as deemed appropriate for the size and job hazards encountered by the contractor.

         3. The individual appointed shall have line authority from contractor top management to order or otherwise direct Field supervisory personnel/field employees to take prompt corrective measures to eliminate recognized safety and health hazards.

         4. The individual selected shall periodically conduct safety and health audits, depending on the hazards involved that address at a minimum fall, caught-between, struck-by, electrical and trenching/excavation hazards.

      4. It is the responsibility of each contractor on a project to enforce its own safety and health program.

         1. Each contractor shall establish disciplinary rules that include discharge for willful or repeated safety violations, and may include lesser forms of discipline for less serious types of violations.

         2. A contractor who is party to a collective bargaining agreement containing an established grievance procedure may utilize such procedure for enforcement of its disciplinary rules.

      5. The contractor must have developed and implemented a procedure for the safe reporting of all work-related injuries and illnesses, and prohibits discrimination against an employee from reporting these events, as directed in 29 CFR 1904.35 and 1904.36.

      6. It is the responsibility of the contractor/employer to establish a written substance abuse program according to mutually agreed guidelines. The substance abuse program must not discriminate an employee from reporting an injury or illness, as described in bullet 5. above.

      7. Employee participation in company safety and health programs.

      8. Ensure the company’s safety and health program is reviewed annually.

   2. Job-Site Analysis (Hazard Identification and Assessment):

      1. The employer shall have a job-site system to recognize and abate safety and health hazards before work commences, with particular attention to the four key construction industry hazards (falls, electrocutions, caught-in/ between injuries, and struck by injuries), and trenching/excavation hazards.

      2. Job-site safety and health inspections will be conducted by line supervisors.

      3. Line supervisors will ensure job-site accountability for safety and health program enforcement.

   3. Hazard Prevention and Control:

      1. Conduct and document investigation of accidents and serious "near miss" event's to determine their causes.

      2. Develop measures to control hazards through engineering controls, administrative and work practice controls or the use of PPE as required.

   4. Training:

      1. Job site supervisors and foreman shall have attended the OSHA 10-Hour Construction Safety and Health Training Course, or equivalent training, within the past three (3) years. Equivalent training would include instructions pertaining to accident prevention and investigation that have been tailored to the scope of the supervisor or foreman's duties.

      2. Employee safety training programs at all levels of the company.

      3. Any other training programs to make workers aware of potential health exposures, as appropriate.

   5. Program Evaluation and Improvement:

      1. Control measures are periodically evaluated for effectiveness.

      2. Processes are established to monitor program performance, certify program implementation, and identify program shortcomings and opportunities for improvement.

      3. Necessary actions are taken to improve the program and overall safety and health performance

   6. Communication and Coordination for Employers on Multiemployer Worksites:

      1. General contractors, contractors, and staffing agencies commit to providing the same level of safety and health protection to all employees.

      2. General contractors, contractors, subcontractors, and staffing agencies communicate the hazards present at the worksite and the hazards that work of contract workers may create on site.

      3. General contractors establish specifications and qualifications for contractors and staffing agencies.

      4. Prior to beginning work, general contractors, contractors, and staffing agencies coordinate on work planning and scheduling to identify and resolve any conflicts that could impact safety and health.

   OSHA

   1. OSHA will conduct one unannounced on-site enforcement verification inspection each year for the term of the Partnership. These inspections will use “Focused Inspection” initiative policy {Memorandum from James W. Stanley, “Guidance to Compliance Officers for Focused Inspections in the Construction Industry”, dated August 22, 1994 (Revision 2 issued September 20, 1995 and incorporated herein)} addressing hazards related to falls, struck by, caught-in/between and electrical shock. Inspections conducted in response to complainants, Local and/or National Emphasis Programs (LEP/NEP), or referrals will qualify as the verification inspection if, in addition to addressing the complaint/LEP/NEP/referral item(s), the compliance officer completes the focused inspection protocol for the worksite in accordance with OSHA Standards Interpretation and Compliance Letter, August 22, 1994, Guidance to Compliance Officers for Focused Inspections in the Construction Industry. If a verification inspection is not conducted at a Partnership site during the first three quarters of each year of the Partnership as a result of OSHA programmed or unprogrammed activity, OSHA will conduct an inspection during the fourth quarter.

   2. The OSHA on-site enforcement verification inspection will be conducted in accordance with the most current FOM and the focused inspection policy covering the focused four construction hazards of falls, struck by, crushed by and electrocutions (outlined in 0SHA Memorandum for James W. Stanley, Deputy Assistant Secretary, August 22, 1994 and revised September 1995).

   3. OSHA personnel from the St. Louis Area Office may assist the Partnership with off-site safety and health training.

   4. OSHA may give technical assistance is requested.

   5. OSHA will ensure that the Partnership is evaluated annually and will include data used to monitor the success of the Partnership efforts.

   6. OSHA agrees to educate their staff regarding the terms of this Partnership.

8. Employee and Employer Rights and Responsibilities

   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.

9. Term of OSP

   1. This Partnership may be terminated by any of the participating organizations with a thirty day notice.

   2. The date of this MCA/OSHA Partnership is _________________, 2017, with an effective date of January 1, 2017. The Partnership will remain in effect for three years from the effective date. Data for the Partnership will be collected on a calendar year basis.

   3. Should either of the principal participants (OSHA or Masonry Contractors Association) elect to withdraw from participation in the Partnership, prior notification in writing of the intent to terminate shall be given to the other Party. A thirty (30) day written notice is required prior to termination, during which the parties have an opportunity to resolve any issues to avoid termination. Termination by either Party shall constitute a cancellation of the Partnership. In the event of a termination, each party agrees that it shall not, directly or indirectly, contact the media regarding the termination, and it shall not discuss with the media any issues or matters regarding the termination. OSHA and the Masonry Contractors Association are the only entities that can terminate this Partnership.

Principal Participants: