Partnership #801 - Renewal Agreement - July 28, 2016

Partnership Agreement
Between
SITE Improvement Association (SITE)
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 SITE Improvement Association, and will be conducted within the jurisdictional area of both the St. Louis Area OSHA Office and SITE Improvement Association.

   The Eastern Missouri Laborers’ District Council and the International Union of Operating Engineers Local 513 pledge their support of the Partnership.

2. Purpose/Scope

   The site preparation industry is one of the largest users of excavation/trenching. As a result this Partnership will focus on:

   1. Fall Hazards
   2. Electrocutions
   3. Caught-between & struck-by injuries
   4. Trenching and excavation operation

   With the help of the participating Unions, SITE Improvement Association and OSHA, the site preparation 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.

3. Goals/Strategies and Performance Measures

   The annual goal is to reduce injuries / illnesses below the most current Bureau of Labor (BLS) National Averages. The overall goal of the Partnership is to reduce the injuries/illnesses, with the Group Aggregate Total Case Incident Rate (TCIR) and Days Away, Restricted or Transferred (DART) Rates below the 2014 BLS National Average for NAICS 23 serving as the baseline.

   Goal	Strategy	Measure
   The annual goal of this partnership is to reduce the injuries / illnesses reported to an aggregate rate that is below the most current BLS National Average.	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; compared to the established baseline and most current BLS National averages.
   Management Commitment and Employee Participation	Adherence to each company’s safety program, (i.e., Good Catch Hazard Identification Program, Jobsite Pre-Planning Meetings, Substance Abuse Policy, etc.).	Number of jobsite inspections and hazards identified and abated (performed weekly at a minimum).
   Job-Site Analysis	Recognition and abatement of hazards in a timely manner; regular job-site safety inspections by foremen.	Review of quarterly submission to partnership 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.	100% compliance and Zero incidents through daily worksite audits and weekly safety and Health Committee Meetings; partnership review of Disciplinary Notifications submitted quarterly.
   Training	10-Hour OSHA Training requirement or equivalent training for jobsite supervisors and foreman and those that are designated to conduct jobsite visits/audits; Individual partners conduct Tool Box Talks, general safety training, and other jobsite specific training as needed. SITE Improvement Association as a whole offers training to their membership.	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.
   Provide for worker involvement	Provide worker involvement and/or union representation in safety meetings, worksite audits, and hazard analysis.	Document the worker/union involvement utilizing sign in sheets.

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

   The overall success of this program will be jointly evaluated by the Partnership administrator and OSHA's St. Louis Area Office based on the following five 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. The Group aggregate TCIR and DART Rates will be compared to the 2014 (or most currently published) Bureau of Labor (BLS) National Average for construction, NAICS 23. The baseline for the partnership will be the 2014 BLS National Average for construction, with the TCIR of 3.6 and the DART of 2.0.
4. Annual Evaluation

   The Partnership will be evaluated annually utilizing Appendix C of the OSHA Strategic Partnership Program (OSPP) Directive CSP 03-02-003, by the Partnership administrator. This data will be provided to the OSHA Area Office.

5. OSP Benefits/Incentives
   1. Partnering contractors will receive no penalties for other-than-serious violations from OSHA, provided that the violation is abated during the inspection. The contractor reserves the right to request an informal conference and formally contest any alleged OSHA violation/citation.
   2. Partnering contractors will receive maximum reductions allowed by the OSHA Instruction, CPL 02-00-159, Field Operations Manual (FOM) dated October 1, 2015, for good faith, size and history for penalties assessed for OSHA violations. Note: In the event that the FOM is revised, OSHA shall provide such revised FOM provision to SITE Improvement Association and the most current FOM will be utilized thereafter.
   3. 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 SITE 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 should they occur at the jobsite, as well as alleged “imminent” danger situations per the FOM. Note: In the event that the FOM is revised, OSHA shall provide such revised FOM provision to SITE Improvement Association and the most current FOM will be utilized thereafter.
   2. OSHA will continue to investigate complaints and referrals received in accordance with OSHA Instruction CPL 02-00-140, Complaint Policies and Procedures and the FOM. Note: In the event that the FOM is revised, OSHA shall provide such revised FOM provision to SITE Improvement Association and the most current FOM will be utilized thereafter utilized.
   3. Off-site non-enforcement verification visits, performed by SITE OSHA Partnership Committee, may be conducted to ensure participating employers are meeting the requirements of the Partnership agreement. The off-site verifications will generally be performed during the application/renewal process, and during quarterly meetings.
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 SITE Improvement Association and the St. Louis Area Office-OSHA Partnership Agreement.

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

   1. Must be a member of SITE Improvement Association.
   2. Has established a written safety program.
   3. Has provided clear evidence of implementation of the program throughout the company.
   4. Is in compliance with applicable OSHA regulations and requirements.
   5. Has made safety and health an integral part of the company's training and employee awareness programs.
   6. Has had the effectiveness of the safety and health program confirmed by a site visit by a third party administrator. The contractor and its employees are not only operating safely, but can serve as a model for other contractors and their employees.
   7. 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.
   8. Must pass an on-site inspection by a designated third party administrator. If a second audit is determined to be necessary by the third party administrator, such second audit will take place no later than six months from the first.
   9. Membership will be established when all criteria is satisfied as determined by a third party consultant, an OSHA representative and the SITE OSHA Partnership Committee. Applications will be reviewed by the SITE OSHA Partnership Committee on a quarterly basis. If a contractor does not meet the requirements of the SITE OSHA Partnership Agreement, the contractor shall wait one year before being eligible to re-submit an application.

   Overview of the Program

   The administration matters of the SITE-OSHA Partnership will be administered by the SITE Partnership Committee. SITE Improvement Association is a not-for-profit corporation, exempt from federal income tax under section 501 (c) 6 of the Internal Revenue Code. While there may be fees associated with participation in this Partnership program, the Partnership program will not generate income for SITE Improvement Association. Should revenues from this Partnership ever exceed operating expenses; the income will be sued to offset future program costs.

   1. The SITE OSHA Partnership Committee will consist of contractors who are participating in the Partnership. Representatives from the Eastern Missouri Laborers District Council and the International Union of Operating Engineers Local 513 will serve on the committee in an advisory capacity. OSHA will also serve in an advisory capacity providing advice, assistance, and oversight as described in this Partnership agreement.
   2. The SITE OSHA Partnership Committee shall have the authority to engage the services of professionals to conduct the duties and obligations assigned to the SITE OSHA Partnership Committee. To offset the cost of such services, the SITE OSHA Partnership Committee may institute fees for contractors participating in the Partnership.
   3. The SITE OSHA Partnership Committee will review applications into the SITE OSHA Partnership Agreement. The SITE OSHA Partnership Committee will evaluate the applications using the established criteria as listed in this agreement.
   4. Contractors who participate in the SITE OSHA Partnership can reapply annually by providing evidence of continued superior safety and health performance.
   5. Contractors who reapply annually will provide documentation that they still meet established criteria.

   Safety Program Criteria

   1. 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 program that addresses recognized hazards.
         2. Training that includes safety and health awareness.
         3. Employee participation in company safety and health programs.
         4. Annual safety and health program review.
      2. Compliance with the occupational safety and health standards promulgated by OSHA.
      3. Has implemented a fall protection program where a participant requires and enforces the use of conventional fall protection, or an OSHA approved alternative method, when their employees are performing work that is in excess of six feet or above the lower level.
      4. Designation of an individual by each participating company to conduct at least two jobsite visits of their representing company 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. 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 tier the size and job hazards encountered by the contractor.
         2. 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.
         3. The individual selected shall periodically conduct safety and health audits, depending on the hazards involved that address at a minimum fall hazards.
      5. It is the responsibility of each contractor on a project to enforce its own safety and health program.
      6. 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.
         1. 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.
      7. Participation in a substance abuse program according to industry accepted guidelines.
      8. Any and all contractors participating in this Partnership must agree to these guidelines.
      9. Job-Site Analysis:
         1. Job-site systems to recognize and abate hazards in a timely manner, with particular attention to fall hazards, electrocutions, caught-between and struck-by injuries, and trenching and excavation operations.
         2. Regular job-site safety inspections by line supervisors.
         3. Job-site accountability for safety program enforcement.
      10. Hazard Prevention and Control:
          1. Regular investigation of accidents and serious "near miss" event's to determine their causes.
          2. Control of hazards through engineering controls, administrative and work practice controls or the use of PPE as required.
      11. Training:
          1. Job site supervisors and foreman shall have attended the OSHA 10-Hour Construction Safety and Health Training Course, or equivalent training. 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. Programs to make workers aware of potential health exposures.

   Termination of Contractor Status

   1. A contractor’s participation will be terminated if one or more of the following occurs:
      1. An inspection reveals significant deviation from program criteria.
      2. The contractor has falsified information on the application or supporting records.
      3. The contractor fails to pay fees, if any, for renewal as may be established by the SITE OSHA Partnership Committee.
      4. The contractors take other such actions that may be determined to be grounds for termination by the SITE OSHA Partnership Committee.
   2. Prior to the final termination of a contractor’s status, the following will occur:
      1. The contractor will be notified in writing of the intent to terminate. The notice will include an explanation of the reasons for termination.
      2. The contractor will have an opportunity to reply to the written notice within a period of thirty days.
      3. The contractor will have the right to make an appearance before the SITE OSHA Partnership Committee and be represented by counsel.
   3. The SITE OSHA Partnership Committee will have the authority to reinstate the contractor if it determines that the contractor’s experience was unusual and not necessarily inconsistent with a sound safety and health program.
   4. Any contractor may terminate its participation in the program at any time.

   OSHA

   1. OSHA personnel will participate in activities of the SITE-OSHA Partnership Committee, including but not limited to off-site non-enforcement verification visits and quarterly Partnership meetings.
   2. OSHA personnel from the St. Louis Area Office may assist the Partnership with off-site safety and health training.
   3. OSHA will give priority to the site when technical assistance is requested.
   4. OSHA will ensure that the Partnership is evaluated annually and will include data used to monitor the success of the Partnership efforts.
   5. 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 sixty day notice.
   2. The date of this SITE/OSHA Partnership is _______, 2016, with an effective date of July 1, 2016. Data will be collected from July 1 through June 30, annually. The Partnership will remain in effect for five years from the effective date.
   3. Should either of the principal participants (OSHA or SITE Improvement 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 SITE Improvement Association are the only entities that can terminate this Partnership.

Principal Participants: