The Kansas City Masonry Contractors’ Association (KCMCA), the Occupational Safety and Health
Administration (OSHA), and the Missouri On-site Safety and Health Consultation Program (hereinafter
Missouri Consultation Program) recognize the value of establishing a collaborative relationship to
foster a culture of injury prevention and promote safe and healthful working conditions in the
masonry industry.
I. Core Partnership Elements
This agreement establishes a Partnership program between the KCMCA, OSHA, and the Missouri
Consultation Program to offer incentives to member/employers in the greater Kansas City, MO,
metropolitan area, as well as any other areas within the State of Missouri, to meet OSHA standards
and protect workers. All member/employers who participate in the program will be expected to
incorporate masonry safety and health core elements in all phases of construction. KCMCA, OSHA and
the Missouri Consultation Program are committed to working together to make sure that every member
of the Association engaged in masonry 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. OSHA and KCMCA will work continuously to improve materials as needed,
especially to address unique and specific concerns.
This agreement will in no way affect employees' ability 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.
The Partnership program will provide incentives to participating member/employers who voluntarily
improve their safety and health performance and demonstrate the implementation of an effective
safety and health program. Incentives will include, but shall not be limited to, special recognition
from OSHA, i.e., focused inspections, and reductions in penalties.
The Partnership program will be conducted within the State of Missouri which is covered by the OSHA
Kansas City and St. Louis, MO Area Offices. Participation is strictly voluntary and is available to
any member/employer of the KCMCA who meets the qualification requirements of this partnership.
The administration and funding of the partnership program will be by the KCMCA.
Participating member/employers retain all rights guaranteed under the OSH Act, including the right
to appeal or contest citations issued by OSHA.
II. Partnership Goals
- Reduce the number and severity of injuries, illnesses and fatalities affecting participating
contractors from:
- Falls
- Struck-By
- Caught-in or Between
- Electrocutions
- Increase the number of member/employers who implement effective safety and health training.
- Develop criteria for a model member/employer safety and health program.
- Allow OSHA to focus resources on employers that require assistance from OSHA, rather than
member/employers that have demonstrated existence of effective safety and health programs.
- Make safety and health resources available to all member/employers of the KCMCA.
III. Partnership Incentives
Participants in good standing will receive the following incentives:
- Special recognition from OSHA and the KCMCA designating the member/employer as a participant in
this partnership.
- During OSHA inspections of non-participant employers, participants whose program has previously
been inspected by OSHA will not be included in OSHA inspections of non-participant employers, unless
the OSHA compliance officer observes that, as a result of a participant contractor’s actions,
employees are exposed to serious hazards.
- Will not receive citations for other-than-serious violation(s) 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).
- An employer who is an approved participant may receive an additional 10% penalty reduction. In
cases where a participant’s total penalty reduction is 100% or more, the minimum penalty provisions
of the FIRM will apply (see FIRM, Chapter IV.C.2.b.).
- In the event that a citation with penalties is issued, participants may receive a reduction of up
to 75% as part of an informal conference settlement agreement if the dollar amount of the reduction
given is applied directly to abatement of workplace hazards and/or improvements in workplace safety
and health programs. After completion of workplace hazard abatement and/or improvements, the
participant will report back to the area office on the hazards corrected and/or the type of safety
and health improvement implemented, including the number of employees affected by this correction or
improvement. This incentive does not apply to high-gravity serious, willful, failure to abate or
repeat citations.
- Will be eligible to receive available incentives based upon safety improvements made as a result
of this program.
- OSHA will provide the KCMCA with Local Emphasis Programs (LEP)/National Emphasis Programs (NEP)
and compliance assistance material for partnership utilization.
IV. Partnership Implementation
- The KCMCA will appoint a Partnership Steering Committee consisting of members of the Association
and the Compliance Assistance Specialist (CAS) from the OSHA Kansas City Area Office. The
Partnership Steering Committee will work in conjunction with the CAS to gain specific
interpretations of OSHA Regulations and Standards in order to educate member/employers as to OSHA
expectations and requirements and promote consistency in enforcement. The Committee will meet
quarterly, at a minimum, or more frequently if deemed necessary. Partnership decisions may be made
by the Partnership Steering Committee as long as a majority of the Committee members are present.
- All member employers interested in participating in the program must submit a completed
application form to the Partnership Steering Committee for review. Applications may be submitted at
the beginning of each quarter. The KCMCA will inform members and the Kansas City Regional
Partnership Coordinator of those contractors who have successfully completed the application process
and are eligible for participation in the partnership program.
- Member/employers who qualify and accept the established requirements of this partnership program,
as provided in Section V.G., will be enrolled for a period of twelve months. Participants must
reapply thirty days prior to their annual renewal date and shall provide documentation that they
still meet current established guidelines.
- KCMCA will conduct training (10-hour OSHA Course), with emphasis on masonry construction,
quarterly (or as needed based on the receipt of Partnership applications as well as a two (2) hour
orientation session to explain the partnership program to all new member/employer applicants to the
program. OSHA and/or the Missouri Consultation Program may assist, as resources allow.
V. Qualification Criteria
A member/employer seeking participation in this partnership program shall:
- Be engaged in masonry construction industry and be a member of the KCMCA.
- Agree to provide written safety and health programs, training records, and injury/illness records
to the Partnership Steering Committee upon request.
- Have no fatalities or catastrophes that resulted in accident-related serious citations being
issued within the past year.
- Have no willful violations or repeated serious violations issued within the past two years.
- Have an Employer Modification Rate (EMR) of 1.5 or less. Contractors who are required to maintain
OSHA injury and illness records will provide a copy of their OSHA 300 and 300a to the Kansas City
Regional Office upon qualification and annually thereafter through the period this partnership is in
effect.
- Have implemented a fall protection program where a participant requires and enforces the use of
conventional fall protection, or an established OSHA-approved alternative method, when their
employees are performing work that is in excess of 6' above the lower level. The Steering Committee
will work with OSHA 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.
- Have read this Partnership program agreement in full and signify agreement to all of the
requirements herein by signing a copy of the "Kansas City Masonry Contractors’
Association/OSHA/Missouri Consultation Program Partnership Application Form."
- Participants will have the following:
- A written safety and health program.
- A designated safety person available.
- Documented safety training.
VI. Safety & Health Program Criteria
The KCMCA or its designated third party entity(s) will be responsible for verifying that
member/employers have written safety and health programs and training records and will forward that
information to the Partnership Steering Committee. The KCMCA assumes no responsibility for
designing, implementing or evaluating Safety and Health Programs and these responsibilities remain
solely the responsibility of member/employers. A member/employer seeking participation in this
partnership program must have a safety and health program that meets the following criteria, which
they have in place via a signed affidavit which shall be submitted to the Partnership Steering
Committee:
- Owner/Management Commitment and Employee Participation:
- A written safety policy statement signed by a company principal, or officer with authority, and
distributed to all employees.
- A written safety and health program that addresses recognized hazards and is based on the
American National Standards Institute (ANSI) A-10.38-1991, Basic Elements of an Employer Program to
Provide a Safe and Healthful Work Environment, or the OSHA 1989 Safety and Health Program Management
Guidelines.
- A designated safety person to implement and monitor the member employer's safety and health
program. The safety person shall:
- Have responsibilities clearly defined in writing.
- Report to owner/management of the company.
- Have completed the OSHA 10-Hour Construction Safety and Health Training Course or equivalent
training within the past three years.
- Have the authority from the owner/management to stop work, instruct, or otherwise direct
employees on matters relating to safety and health.
- Conduct periodic onsite safety and health audits, depending on the hazards involved that address
at a minimum the following areas: fall hazards, electrical hazards, caught in/between hazards,
struck-by hazards.
- It is the responsibility of the designated safety person to establish a comprehensive safety and
health disciplinary program. The program shall clearly state what disciplinary procedures will be
utilized, including termination for willful or repeated safety and health violations. The program
shall also have procedures for lesser forms of discipline for less serious types of safety and
health violations.
- Job-Site Analysis:
- The member/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).
- Regular job-site safety inspections by the employer/management designated safety person.
- Job-site accountability for safety and health program enforcement.
- Hazard Prevention and Control:
- Conduct and document investigations of accidents to determine their causes.
- 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 jobsite and industry safety and health hazards.
- Conduct and document monthly/quarterly toolbox safety training.
- Formal new employee safety and health orientation.
VII. Continued Participation
- The KCMCA or its designated third party entity(s) will be responsible for determining eligibility
under the criteria set out in Section VI. (Again, the KCMCA assumes no responsibility for designing,
implementing or evaluating Safety and Health Programs and these responsibilities remain solely the
responsibility of member/employers.) The information gathered from member/employers will be
forwarded to the Partnership Steering Committee and will:
- Be part of the initial application process for participation in the KCMCA/OSHA/Missouri
Consultation Program Partnership.
- Be evaluated as part of the member/employer application and annual renewal process to ensure
partnership guidelines are being met. These visits will include:
- An inspection of the member/employer randomly selected jobsite.
- Safety and health program documentation.
- Interviews with employees.
- These non-enforcement onsite visits will be conducted solely for the purpose of determining
program eligibility, and for no other reason.
- Contractors remain subject to unprogrammed inspections if a fatality or catastrophe occurs, if a
complaint is received, or if hazards listed in II.A. 1-4 are observed, in accordance with Agency
policy.
- The scope of the inspection will be in accordance with the Field Inspection Reference Manual
(FIRM) and the focused inspection policy covering the focused four construction hazards of falls,
struck-by, caught-in/between and electrocutions (outlined in OSHA Memorandum from James W. Stanley,
Deputy Assistant Secretary, August 22, 1994 (Revision 2, 9/20/95), Guidance to Compliance Officers
Focused Inspections in the Construction Industry).
- OSHA will not develop a programmed inspection scheduling system which is designed to individually
target KCMCA Partnership member jobsites, for purposes of generating on-site verification inspections.
VIII. Partnership Evaluation
- The success of this Partnership program will be evaluated annually by the following methods:
- Evaluation of the qualifying member/employers injury and illness data. The Kansas City Regional
Office will be provided a copy of each participant’s OSHA 300 and 300A logs 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.
- Feedback from participating member/employers and their employees.
- The number of participants in the partnership program.
- The partnership program shall be deemed successful if:
- An evaluation of participating member/employers injury and illness data indicates a reduction in
incidence and/or severity rates, or a reduction in their EMR.
- Member/employers and their employees believe the partnership has been effective in improving
safety and health conditions at their job sites.
IX. Member/Employer Termination
- A member/employer's participation may be terminated by the KCMCA if one or more of the following
occurs:
- An inspection by OSHA or KCMCA representatives reveals a significant deviation from program
criteria.
- The member/employer has falsified information on the application or supporting documentation.
- The member/employer's EMR rate rises above 1.5 for a period greater 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 following will occur:
- The member/employer will be notified in writing of the intent to terminate.
- The 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 appearance before the Partnership Steering Committee.
- 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 inconsistent with a
sound safety and health program.
- Any member/employer may terminate its participation in the program at any time by providing
thirty days written notification of intent to the Partnership Steering Committee.
X. Term and Location of Partnership Program
- The KCMCA/OSHA/Missouri Consultation Program Partnership program will cover the State of Missouri
and will be in effect for a period of three years. At the end of the three years, the Kansas City
and St. Louis OSHA Area Offices, the Missouri Consultation Program, and the KCMCA, will make a joint
determination of whether or not to continue this Partnership program agreement.
- Either party to the Partnership program may withdraw from the agreement at any time after
submitting written notification of intent to the other partner by providing a thirty-day written
notice to the other member(s) of the Partnership program, and the Partnership program 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.
XI. Miscellaneous
While the word "partnership" is used in this agreement, no partnership or joint venture is created
for state law purposes. The parties are independent contractors.
Signed this _____ day of ___________, 2006:
Rick Frandsen
President
Kansas City Masonry Contractors’ Association |
Barbara Theriot
Area Director
Kansas City Area Office
U.S. Department of Labor
Occupational Safety and Health Administration |
William McDonald
Area Director
St. Louis Area Office
U.S. Department of Labor
Occupational Safety and Health Administration |
|
Robert Simmons
Assistant Director
Missouri Department of Labor and Industrial Relations
Division of Labor Standards
On-Site Safety and Health Consultation Program |
|
|
Printing Instructions
Back to Top
www.osha.gov
