The Home Builders Association of St. Louis & Eastern Missouri (HBA) and the Occupational Safety and
Health Administration (OSHA), including the St. Louis Area Office, Kansas City Area Office, in
conjunction with the Carpenters' Union recognize the value of establishing a collaborative
relationship to promote safe and healthful working conditions in the residential construction
industry. The partnership hereby established shall be referred to as the Residential On-Site Safety
Initiative (ROSSI).
I. Core Partnership Elements
This agreement establishes a partnership between OSHA and the Home Builders Association of Greater
St. Louis in conjunction with the Carpenters' Union to offer incentives to members/employers in the
greater St. Louis area to protect workers. All members/employers who participate in the program will
be expected to make residential construction safety and health core elements of all phases of
construction. The St. Louis HBA, OSHA and the Carpenters' Union are committed to working together to
make sure that every member of the Association engaged in residential construction is provided
educational opportunities and made aware of available safety materials and resources to assist them
in their efforts to ensure the safety of their employees.
The CFR 1926 Subpart M Appendix E, Std.3.01A, and NAHB
OSHA Jobsite Safety Handbook – 2nd and other industry partnership programs will be the
cornerstone of the ROSSI Program. However, OSHA and the St. Louis HBA will work continuously to improve
materials as needed, especially to address unique and specific concerns. OSHA will be available to ROSSI
members as necessary to gain clarification of interpretations of OSHA regulations applicable to the
residential and light construction industry so that such information can be communicated to program participants.
The partnership program will be conducted within the jurisdictional areas of the Kansas City, St.
Louis OSHA Area Offices and the HBA of St. Louis & Eastern Missouri’s boundaries. Participation is
strictly voluntary and is available to any member company of the St. Louis HBA who meets the
qualification requirements of this partnership.
This agreement will in no way affect employees’ to exercise rights under the OSH Act and OSHA
regulations, including walk-around rights. Similarly, the agreement will in no way reduce any
member/employer’s obligation to comply with all applicable OSHA standards. As an integral part of an
effective safety and health program, the opportunity for employees to exercise their rights
guaranteed under the Occupational Safety and Health (OSH) Act and regulations, such as, but not
limited to, the right to file a safety and health complaint, and the right to information collected
pursuant to OSHA requirements, shall not be impaired. It is anticipated that routine employee
involvement in daily implementation of worksite safety and health programs will be assured,
including employee participation in employer self-audits, site inspections, job hazard analysis,
safety and health program review, and mishap investigations.
Participating members retain all rights guaranteed under the OSH Act, including the right to appeal
or contest citations issued by OSHA.
The administration will be shared by the HBA, the Carpenters' Union and by the OSHA office.
II. Partnership Goals
- Reduce the number and severity of injuries, illnesses and fatalities affecting participating
contractors from falls, struck-by, caught-in/between and electrocutions.
- Increase the number of members/employers who implement effective safety and health training.
- Allow OSHA to focus resources on employers that require assistance from OSHA, rather than
members/employers that have demonstrated existence of effective safety and health programs.
III. Partnership Incentives
- Special recognition from OSHA, HBA & Carpenters designating the member/employer as a participant
of ROSSI.
- If OSHA receives a complaint it will be handled according to OSHA’s Complaint Policies and
Procedures (OSHA Instruction CPL2.115). An OSHA Area Office representative will contact the site
superintendent, or corporate office if superintendent is not available, to inform them that someone
contacted OSHA concerning their site practices.
- During OSHA inspections of non-participant employers, ROSSI participants whose program has
previously been approved by OSHA, will not be included in OSHA inspections of non-participant
employers. However, if serious violations are observed, the OSHA inspector will address those
violations and citations may be issued.
- Will not receive citations for other than serious violations from OSHA, provided that the
violation is abated during the inspection.
- Will be eligible to receive the maximum reductions allowed for good faith, size and history for
penalties assessed for serious OSHA citations as outlined within OSHA instruction CPL 2.103 (Field
Inspection Reference Manual).
- In the event that a citation with penalties is issued, participants may receive elimination, or
up to the maximum allowable reduction of said penalties as part of an informal conference settlement
agreement.
- Will be eligible to receive available incentives based upon safety improvements made as a result
of this program.
- Members/employers participating in the ROSSI will be issued a letter by OSHA when they
successfully pass their OSHA verification inspection. This letter is to be retained by the
members/employers and presented to OSHA at subsequent inspections if said inspections are being
routinely done within a 12-month period following the initial verification inspection. If an
employer and/or contractor has passed an OSHA verification inspection, as required by a signed
construction partnership agreement, all of that contractors’ other sites
would not be subject to an inspection during the following year under this initiative unless a
plain view hazard is observed. If a plain view hazard is observed, an inspection will be conducted.
IV. Partnership Implementation
- The St. Louis HBA will appoint a ROSSI Partnership Steering Committee consisting of two Builders,
two Subcontractors, and two Carpenters’ Union representatives, each with a two-year term. The
Committee will meet quarterly, at a minimum, or more frequently if deemed necessary. OSHA shall
serve in an advisory capacity to the Partnership Steering Committee.
- Applications may be submitted at the beginning of each month. The third-party administrator will
inform members who have successfully completed the application process and are eligible for
participation in the partnership. If an applicant is denied, they can reapply after 60 days.
- The Carpenters' Union will conduct training (10-hour OSHA Course), with emphasis on residential
construction.
V. Qualification Criteria
A member/employer seeking participation in the OSHA/HBA Partnership shall:
- Be engaged in the residential or light construction industry and be a member of the St. Louis HBA.
- Agree to provide written safety and health programs, training records, and injury/illness records
to the third-party administrator upon request.
- Have provided clear evidence of implementation of the safety program throughout the year,
including conducting and documenting safety training.
- Have established a safety and health disciplinary program with clearly stated enforceable
procedures that are documented.
- Have an employer modification rate of 1.5 or less upon partnership entry.
- Have 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 above the lower level.
- Have read this partnership agreement in full and signified agreement to all of the requirements
herein by signing a copy of the “Residential On-Site Safety Initiative (ROSSI) Application Form.”
- Have regular jobsite safety inspections conducted by a competent person and documented.
- Conduct and document investigation of accidents.
- OSHA verification inspections will be conducted in accordance with the Field Inspection Reference
Manual (reference OSHA Instruction CPL 2-103) and the focused inspection policy covering the focused
four construction hazards of falls, struck by, crushed by and electrocutions and any serious hazards
in plain view (outlined in OSHA Memorandum for James W. Stanley, Deputy Assistant Secretary, August
22, 1994 and revised September 20, 1995). Those contractors who successfully pass the OSHA
verification inspection will be eligible to receive the incentives listed in Section VI. Partnership
Incentives. A minimum of two random verification inspections will be conducted among all
participants annually. Participating contractors will be selected at random for verification
inspections by OSHA.
- Have no willful violations or repeated serious violations issued within the past two years.
VI. Safety & Health Program Criteria
The St. Louis HBA designated third-party administrator will be responsible for verifying that
members/employers have written safety and health programs and training records and will forward that
information to the Partnership Steering Committee. The St. Louis HBA assumes no responsibility for
designing or implementing Safety and Health Programs and these responsibilities remain solely the
responsibility of members/employers. A member/employer seeking participation in the HBA/OSHA program
must have a safety and health program that meets the following criteria:
- Job-Site Requirements:
- The member/employer shall have a job-site system to recognize and abate safety and health hazards
before work commences.
- Regular job-site safety inspections by the employer/management designated safety person.
- Current job-site and health program enforced and documented.
- Hazard Prevention and Control:
Implement measures to control hazards through work-site procedures or the use of personal protective
equipment as may be necessary.
- Training:
The following employee safety and health training programs shall be conducted and documented at all
levels of the company:
- Training on typical residential job-site and industry safety and health hazards. This includes a
formal, new employee safety and health orientation.
- Conduct and document weekly/monthly/quarterly toolbox safety training.
VII. Continued Participation
- Members/employers who qualify and accept the established requirements of the program will be
enrolled for a period of 12 months. Participants must reapply 30 days prior to their annual renewal
date and shall provide documentation from a third-party administrator that they still meet current
established guidelines.
- The third party administrator performing the qualification inspection shall make a pass or fail
recommendation to the ROSSI Steering Committee based on their professional judgment of the number
and severity of hazardous conditions observed at the time of the verification inspection. If the
contractor fails the verification inspection, they will be eligible to reapply for the partnership
program after 60 days from the date of notification.
- Members of the partnership are encouraged to use the Missouri Department of Labor and Industrial
Relations' Safety and Health Consultation Service. This service provides on-site safety and health
audits without penalties. The consultants can also assist with preparing safety programs and
training.
VIII. Employee Involvement
Employees shall be involved in the day to day implementation of worksite safety and health programs
including, but not limited to self-audits, site inspections, job hazard analyses, safety and health
program reviews, and mishap investigations. This partnership will not affect the employee’s rights
under the OSHA Act and OSHA regulations, including walkaround rights during an OSHA inspection.
IX. Partnership Evaluation
- The success of the partnership will be evaluated annually by the following:
- The partnership will be evaluated using criteria such as, but not limited to, Contractor lost
workday injury rates, number of OSHA recordable injuries, workers compensation experience
modification rates, etc.
- Feedback from participating members/employers and their employees and the number of participants
in the ROSSI partnership.
- Evaluation of the qualifying members/employers injury and illness data. The participants will
provide a copy of their OSHA 300 and 300A logs to the St. Louis Regional Office for internal
reporting purposes (for those contractors who are required to maintain them). OSHA will not conduct
an inspection based solely upon information provided in these logs.
- The partnership shall be deemed successful if:
- An evaluation of participating members/employers injury and illness data indicates a reduction in
incidence and/or severity rates, or a reduction in the employer's EMR rate.
- Members/employers and their employees believe the partnership has been effective in improving
safety and health conditions at their job-sites.
X. Member/Employer Termination
- A member's/employer’s participation may be terminated by the third-party administrator if
one or more of the following occurs:
- An inspection by OSHA or the third-party administrator reveals a significant deviation from
program criteria.
- The member/employer has falsified information on the application or supporting documentation.
- The member/employer’s EMR rises above 1.5 for more than one year.
- The member/employer takes any other such actions that may be determined to be grounds for
termination by the Partnership Steering Committee.
- Prior to the final termination of a member/employer’s status:
- The member/employer will be notified in writing of the intent to terminate.
- Written notice will include an explanation of the reasons for termination.
- The member/employer will have an opportunity to reply to the written notice within thirty days;
and will have the right to make an appeal to the Steering Committee with the 3rd party doing a
verification.
- The Partnership Steering Committee has the authority to evaluate the member/employer if it
determines the member/employer’s experience was unusual and not necessarily consistent with a sound
safety and health program.
- Any member/employer may terminate its participation in the program at any time by Providing 30
days written notification of intent to the Partnership Steering Committee.
XI. Term and Location of Partnership
- The HBA/OSHA Partnership will cover the State of Missouri for a period of three years. At the end
of the three years, OSHA, the Carpenters’ Union and the HBA will make a joint determination of
whether or not to continue the partnership agreement.
- Either party participating in ROSSI may withdraw from the agreement at any time after
submitting notification of intent to the other partner by providing a 30-day written notice to
the other member of the partnership, and the partnership agreement will terminate. Any party
may also propose modification or amendment to the program subject to concurrence by the other
partner(s) to the agreement.
Based on a mutual interest to protect residential housing workers in the Greater St. Louis area, the
parties below agree to the above terms of the Residential On Site Safety Initiative. The ROSSI
partners are the Home Builders Association of St. Louis and Eastern Missouri, the Carpenters'
District Council and the St. Louis, Kansas City OSHA area offices.
Signed August 21, 2006
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