I. Partnership Background
On March 12, 1998, the Associated General Contractors of America (AGC) and the Occupational Safety
and Health Administration (OSHA) signed a partnership charter that mutually recognized the
importance of providing a safe and healthful work environment in the construction industry. To
advance our mutual goal here in Massachusetts, we strongly agreed on the need to develop a working
relationship that creates mutual trust and respect for the respective roles of each organization in
the construction safety process. The Construction Health and Safety Excellence (CHASE) partnership
agreement as described within this document is the direct result of the 1998 partnership charter at
the national level and our commitment to this program in Massachusetts.
II. CHASE Partnership
- Program Expectations.
This agreement between the AGC of America and the Occupational Safety and Health
Administration is intended to serve as a template for AGC chapters to use as a basis for
partnerships with Federal OSHA Area Offices. The actual partnerships will be negotiated
between the AGC chapters and the OSHA Area Offices. Owners, Labor and other
organizations are encouraged to endorse and participate as signatory partners in the CHASE
program.
- Implementation of this program is expected to result in decreased serious injuries,
illnesses, and fatalities for participating contractors and improvement of existing
safety and health programs.
- This agreement provides for incentives to construction contractors that voluntarily
participate in the CHASE program and demonstrate implementation of effective
safety and health programs.
- This agreement will not in any way affect employees' ability to exercise rights under
the OSH Act and OSHA regulations, including walk-around rights
- Specific Goals of CHASE
- To reduce by 3% annually the number of injuries, illnesses, and fatalities affecting
participant employers, with an emphasis on reducing injuries and fatalities resulting
from those hazards that are the four leading causes of death on construction sites (falls,
struck-by, caught in/between and electrocutions).
- To increase the number of general and specialty contractors who implement effective
safety and health programs and provide effective safety and health training for
management, supervisors and employees.
- To recognize those contractors with exemplary safety and health programs and effective
site-specific safety and health plans.
- Program Implementation
Once this partnership has been established between the AGC of Massachusetts chapter and
the OSHA area offices, the chapter Safety Committee1 or designated representative will
inform members who have successfully completed the application process and are thus
eligible for participation in the partnership. The local chapter will then follow the
procedures developed in the local partnership to inform the OSHA Area Director of the
qualified contractors.
Emphasis Programs are specifically excluded from this agreement.
- Eligibility Requirements for the Multi-Step Program: RED, WHITE AND BLUE
- The CHASE Program will be implemented in three levels: RED, WHITE and BLUE.
- Applications may be submitted at the beginning of each quarter. Eligibility status must be
renewed on an annual basis. New and renewal applicants will:
- Complete the two-part CHASE application form.
- The first part of the form will request data from the summary of the contractor's
OSHA 300 log. The second part of the form will be a self-audit evaluation
checklist (see Appendix A), which will require applicants to answer a series of
questions related to their safety program.
- The chapter safety committee or the chapter's designated representative will
administer the self-audit evaluation of the CHASE Program. The safety
committee is comprised of representatives from AGC member companies and
will appoint the chapter’s designated representative. The approval or rejection of
the CHASE application will be the responsibility of a subcommittee comprised
of five (5) AGC members of the Safety Committee to be appointed by the Chair.
Local OSHA area offices will serve in an advisory capacity to the chapter safety
subcommittee or its designated representative.
- The CHASE Program has three award levels. Entry into the RED and WHITE
and BLUE Levels are based on answering "yes" to all of the questions on the
self-audit evaluation administered by AGC. In order to determine the
contractor's level of eligibility, the contractor must provide its chapter safety
committee or its chapter's designated representative with evidence of
conformance with each requirement for each level.
- Once this partnership has been established between the local chapter of AGC
and the OSHA Area Office, the chapter safety committee or designated chapter
representative will inform the chapter members who have successfully
completed the application process and are eligible to participate in the
partnership program.
- The top level, BLUE, will be open to those companies whose achievements in
the area of worksite safety are outstanding. Acceptance into the BLUE level will
require additional validation of safety and health program efficacy through a
comprehensive onsite qualifying inspection. The chapter safety review
committee’s designated representative will conduct the qualifying inspection on
at least one active job site.
- Contractors who are accepted into the CHASE Program receive incentives from
OSHA, as listed in Section G of this document.
- RED: Applicants seeking RED status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the
ANSI AIO.38-1991 Guidelines or OSHA's 1989 Safety and Health Program
Management Guidelines;
- Conduct weekly employee safety meetings; and
- Show documentation of employee involvement in the safety and health program;
for example, participation in self- audits, site inspections, job hazard analysis,
safety and health program reviews, safety training, and mishap investigations;
- WHITE: Applicants seeking WHITE status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the
ANSI AIO.38-1991 Guidelines or OSHA's 1989 Safety and Health Program
Management Guidelines;
- Assign at least one trained employee with responsibility for employee safety to
administer the participants safety and health program and to conduct
documented safety and health inspections of ongoing work; training equivalent
to the AGC Safety Management Course, OSHA 510, OSHA 500 or OSHA 502
course or equivalent will be deemed satisfactory, provided that it is updated
every four years;2
- Conduct an orientation of all new employees in the safety and health program of
the company, and show evidence of effective employee training for avoidance of
hazards specific to the contractor's site specific work site(s);
- Conduct weekly employee safety meetings;
- Conduct and document self-audits;
- Show documentation of employee involvement in the safety and health program;
for example, participation in self- audits, site inspections, job hazard analysis,
safety and health program reviews, safety training, and mishap investigations;
- Provide education in accordance with the Drug Free Workplace Act;
- Provide all field construction supervisory personnel with training equivalent to
the AGC Supervisor Safety Competency Training Course or the OSHA 10-Hour
Hazard Recognition Course.
- Maintain a total case injury/illness incidence rate that is 10% less than the most
current Bureau of Labor Statistics LWDII national rate for the construction
industry.
- BLUE: Applicants seeking BLUE Status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the
ANSI A10.38- 1991 Guidelines or OSHA 1989 Safety and Health Program
Management Guidelines. Ensure that written, site-specific, safety and health
plans are used by all contractors on their project.
- Applicant achieving BLUE status agrees to serve as a mentor for contractors on
its projects who have yet to attain the same level of recognition within the
partnership. BLUE participant companies will agree to maintain a copy of the
specialty contractors' safety and health plan, hazard communication plan, and
fall protection plan, or the BLUE participant could require all specialty
contractors to follow its programs.
- Assign a minimum of one employee who will administer the firm's safety and
health program. This person must have a minimum of five (5) years of
construction safety experience and have attended the AGC Safety Management
Course, the OSHA 500 or 502 Course, or equivalent in the previous four years.
- Ensure designated safety personnel conduct weekly documented safety and
health inspections of all work on their project(s), not withstanding existing
inspection requirements under current OSHA standards. Personnel, through
training and experience, must be able to recognize hazards and will have the
authority to take prompt corrective action. Training curriculum equivalent to the
OSHA 30-Hour Construction Outreach Course will be deemed to be satisfactory.
- Train all field construction project managers and/or superintendents within one
year with training equivalent to the OSHA 30-Hour Construction Outreach
course.
- Provide documentation of employee involvement in all levels of the safety and
health program, such as self-audits, site inspections, job hazard analysis, safety
and health program reviews, safety training and mishap investigations.
- Provide a safety and health program orientation for all new employees and show
documentation of effective employee training for avoidance of hazards specific
to the contractor's work site(s).
- Conduct weekly employee safety meetings on all job sites within the scope of
this agreement.
- Provide education in accordance with the Drug Free Workplace Act.
- Conduct and document periodic self-audits.
- Maintain a total case injury/illness incidence rate that is 10% less than the most
current Bureau of Labor Statistics LDWII national rate for the construction
industry;
- Receive a qualifying inspection of at least one representative job site by the
chapter safety committee or the chapter's designated representative(s).
- Have no willful OSHA violations in the last three years in Massachusetts.
- Have no repeated serious OSHA violations in the last three years in
Massachusetts; and
- Have no fatalities or catastrophes within the last three years in Massachusetts
that resulted in serious or willful citations related to the incident.
- Program Confidentiality.
Information submitted by contractors as part of the application or
renewal process, as well as information obtained by virtue of the contractor's application or
participation in the program, will be held in strict confidence within the confines of the
partnership program. The information will be used only to measure the effectiveness of the partnership
program. However, in the event of an OSHA inspection, such information that is relevant to any
element of the investigation and normally is available will be provided to OSHA upon request.
OSHA will maintain the records in conformance with the Freedom of Information Act.
- Program Oversight
- The AGC National Director for Safety and Health is responsible for the following
program monitoring activities:
- Periodic reviews of participatory AGC Chapter Partnering activities to ensure
compliance with the partnership requirements, including random onsite visits of
participant contractor work sites.
- Recommendations to the AGC Safety Committee for program improvements.
- The OSHA Area Director will conduct a verification inspection of up to twenty (20)
per cent of the worksites within a 60 calendar-day period before conferring incentives
listed in Section G to the Blue Participant. The 60 calendar-day period will begin on
the day OSHA receives completed data on the qualification inspection from the AGC
of Massachusetts. Verification inspections will be conducted per current OSHA policy
for focused inspections in construction.
- Incentives.
- Upon acceptance as a partnership participant, the OSHA area offices will provide
certain incentives to participants.
RED Participants:
- Will not receive citations for other-than-serious violations, provided that the
hazards are abated at the time of inspection.
WHITE Participants:
- Will be given special recognition from OSHA and AGC designating the
contractor as a participant in the CHASE Program.
- Will not receive citations for other-than-serious violations, provided that the
hazards are abated at the time of inspection.
- Will be given the maximum good faith penalty reductions currently available in
current OSHA policy.
BLUE Participants: After successful conclusion of an OSHA verification inspection, OSHA
will provide the following incentives:
- Will be given special recognition from OSHA and AGC designating the
contractor as a participant in the CHASE Program;
- BLUE participant job sites within the Area Office jurisdiction will not receive
another programmed inspection within the next twelve months; excluding
Emphasis programs.
- BLUE participants will receive unprogrammed inspections only in response to
reports of imminent danger, fatalities/catastrophes, and all complaints will be
handled as described in OSHA directive CPL 2.115, Complaint Policies and
Procedures. OSHA will continue to utilize the telephone and fax complaint
procedure as appropriate. When any inspection of any complaint is conducted, a
copy of the complaint will be provided to the participant's safety director or
other designated representative at the time of inspection.
- OSHA will not issue citations for other-than-serious violations provided the
violations are abated at the time of the inspection;
- If cited by OSHA, BLUE participants will receive the maximum good faith and
history penalty reductions currently available under existing OSHA policy;
- During an OSHA inspection, BLUE participants whose program has previously
been verified by an OSHA inspection will not be included in the inspection
unless the Compliance Officer documents that the participant is responsible for
any employee exposures to serious hazards such as falls, struck by; caught
in/between or electrocution hazards.
- Partnership Evaluation.
- It is the responsibility of the chapter safety review committee or designated
representative to gather required participant data to evaluate the overall success of the
program. Aggregated data will be reported to AGC National and the OSHA area
directors.
- The partnership will be evaluated annually to determine whether the annual goal of a
3% reduction in the number of injuries, illnesses and fatalities has been met. AGC
National is responsible for collating baseline and annual performance data upon which
the partnership will be measured. This aggregated data will be reported to the OSHA
Directorate of Construction.
- Participant aggregate injury/illness incidence rates (total case rates) and fatality rates
will be compared with BLS published data for the Construction industry to determine
whether goals have been met at the chapter and national level.
- Participant incidence of injuries from the hazards that are the four leading causes of
death on construction sites (falls, struck-by, caught in/between, and electrocutions) will
be measured and compared against a baseline established in the first year of the
partnership by the safety director of each participating firm or his/her representative.
- If all signatory partners agree, partnership criteria may be revised annually based on
recommendations for continuous improvement.
- Contractor Termination
- A contractor's RED, WHITE or BLUE status will be terminated by the AGC Chapter,
and OSHA will be informed if one or more of the following occurs:
- An inspection by the AGC chapter, the AGC National Office or OSHA reveals a
significant deviation from program criteria.
- The contractor has falsified information on the application or supporting records.
- The contractor's total case injury/illness incidence rate rises above criteria set in
paragraph D.9 for WHITE level participants or paragraph E.11 for BLUE level
participants; or
- The contractor takes other such actions that may be determined to be grounds for
termination by the chapter safety committee on Partnering.
- Prior to final termination of a contractor's RED, WHITE or BLUE status, the following
will occur:
- The contractor will be notified in writing of any change in status; up to and
including termination.
- The notice will include an explanation of the reasons for change in status; up to
and including termination.
- The contractor will have an opportunity to reply to the written notice within a
period of thirty (30) calendar days; and
- The contractor will have the right to appear before the chapter safety review
committee on Partnering.
- The chapter safety review committee will have the authority to retain or reinstate the
contractor if it determines that the contractor's experience was unusual and not
necessarily inconsistent with a sound safety and health program. In this event, OSHA
may conduct another verification inspection.
- Any contractor may terminate participation in the program at any time.
- Term and Location of Partnership
- The partnership will have an initial term of three years and may be renewed if all
signatory parties concur.
- Any signatory party to the partnership may withdraw from the agreement at any time
after submitting written notification of intent to the other partner.
Associated General Contractors of Massachusetts
Robert L. Petrucelli
President & CEO |
Massachusetts Building Trades Council, AFL-CIO
Joseph A. Dart
President |
AGC of Massachusetts
Timothy LeBlanc
Chairman – Safety Committee |
Occupational Safety and Health Administration
Brenda Gordon
Area Director – Braintree |
Occupational Safety and Health Administration
Richard J. Fazzio
Area Director – Methuen |
Occupational Safety and Health Administration
Ronald E. Morin
Area Director – Springfield |
1 The AGC of Massachusetts Safety Committee is understood to represent both safety and health issues
within the
format of this Partnering Program.
2 The AGC Management Course and the OSHA 510 course are considered to be minimum requirements. The
4-year update is applicable to the OSHA 500 and 502 programs only.
|
Printing
Instructions
Back to Top
www.osha.gov
