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OSHA Strategic Partnerships Program >
Region VII > #580 Partnership Agreement |
 Printing Instructions
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SAFETY TRAINING & EVALUATION PROCESS (STEP)
PARTNERSHIP PROGRAM
BETWEEN THE
ASSOCIATED BUILDERS & CONTRACTORS, HEART OF AMERICA CHAPTER (ABCHOA)
AND
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
U.S. DEPARTMENT OF LABOR
WICHITA AREA OFFICE
AND
THE KANSAS ON-SITE SAFETY AND HEALTH CONSULTATION PROGRAM |
Associated Builders and Contractors, Heart of America Chapter (ABCHOA), the Occupational Safety and
Health Administration (OSHA), and the Kansas On-Site Safety and Health Consultation Program
(hereinafter Kansas 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 construction industry. The program hereby established shall be referred to as the
Safety Training and Evaluation Process (STEP) Partnership program.
I. Core Partnership Elements
This agreement establishes a Partnership program between ABCHOA, OSHA and the Kansas Consultation
Program to offer incentives to member/employers engaged in construction in the State of Kansas, to
meet OSHA standards and protect workers. All member/employers who participate in the STEP
Partnership program will be expected to make construction safety and health core elements of all
phases of construction. ABCHOA, OSHA and the Kansas Consultation Program are committed to working
together to make sure that every member of ABCHOA engaged in 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. Toward that end, ABCHOA will promote participation
in the ABC STEP program and other safety training programs offered, from time to time, by ABCHOA.
The ABC STEP Program will be the cornerstone of ABCHOA’s safety initiative. However, OSHA and ABCHOA
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.
ABCHOA agrees that at least one partnership member must have an OSHA inspection each year to satisfy
minimum requirements. If no such inspection has occurred by the end of the third quarter, ABCHOA
shall notify OSHA and make arrangements to schedule one for the fourth quarter. The participant to
be inspected will be chosen at random. As many participating members are also actively registered in
the Missouri ABCHOA OSHA Partnership, and as Missouri and Kansas are both Region 7 OSHA offices,
inspection requirement reciprocity will be afforded to Kansas participants who are inspected in
Missouri and who are able to demonstrate active participation and good standing in the Missouri
ABCHOA and OSHA Partnership.
The Partnership program will be conducted within the State of Kansas which is covered by the OSHA
Wichita Area Office. Participation is strictly voluntary and is available to any member/employer of
the ABCHOA who does construction work in the state of Kansas and meets the qualification
requirements of STEP and this partnership agreement.
The administration and funding of the partnership program will be by the ABCHOA.
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 the ABC STEP Program and progress to the
Platinum Level.
- Institute a process for random mock site inspections by ABCHOA or its designated third entity(s),
aimed at assisting member/employers in spotting safety shortfalls that could lead to worker health
or safety issues.
- 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 ABCHOA.
III. Partnership Incentives
STEP Platinum Participants in good standing will receive the following incentives:
- Special recognition from OSHA and the ABCHOA designating the member/employer as a STEP Platinum
participant.
- During OSHA inspections of non-participant employers, STEP Platinum participants will not be
included, 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 STEP Platinum 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 penalty is issued, partnering companies may receive maximum
reductions as part of the informal conference settlement agreement and will be allowed to apply the
reduced penalty dollars directly to the abatement of workplace hazards and improvements in workplace
safety and health programs.
- Will be eligible to receive available incentives based upon safety improvements made as a result
of this program.
- OSHA will provide the ABCHOA with Local Emphasis Program (LEP)/National Emphasis Programs (NEP)
and compliance assistance material for partnership utilization.
IV. Partnership Implementation
- The ABCHOA will appoint a Partnership Steering Committee consisting of members of the Association
and the Compliance Assistance Specialist (CAS) from the OSHA Wichita 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 STEP
application form to ABCHOA. Completed applications will be sent to ABC-National. ABC-National will
notify ABCHOA of contractors attaining STEP Platinum Level.
The Steering Committee will review all Platinum Level participants and conduct site inspections of
those who wish to participate in the Partnership Program. ABCHOA will inform members who have
successfully completed the application and inspection process that they are eligible for
participation in the partnership program. The Wichita Area Office will also be advised of eligible
participants.
- Member/employers who qualify and accept the established requirements of the OSHA Partnership
program will be enrolled for a period of twelve months. Participants must maintain their STEP
Platinum status each year to remain eligible for OSHA Partnership participation.
- Loosing STEP Platinum status, failing to renew as required annually, or failing to provide safety
documentation to the ABCHOA Steering Committee, upon request, for validating information contained
in the STEP application will result in immediate removal from the OSHA Partnership Program.
- Member/Employers may be removed from the OSHA Partnership program for not supplying requested
documentation during job site inspections conducted by the Steering Committee for the purpose of
validating STEP Application information.
- ABCHOA will conduct OSHA 10-Hour and First Aid/CPR classes twice a year, at a minimum, with
emphasis on construction for the benefit of member/employers. Notification flyers and sign up sheets
will be distributed to member/employers prior to each scheduled class.
V. Qualification Criteria
A member/employer seeking participation in the OSHA Partnership program shall:
- Be engaged in the construction industry and be a member of the ABCHOA chapter participating in
the STEP program at the Platinum level.
- 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 1.35 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
Wichita Area Office upon qualification and annually thereafter through the period the 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 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 ABCHOA/OSHA Partnership Application Form.
- Participants will be STEP Platinum level and have the following:
- A written safety and health program.
- A designated safety person available.
- Documented safety training.
VI. Safety & Health Program Criteria
The ABCHOA 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 ABCHOA 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 the
ABCHOA/OSHA 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:
- ABC STEP Platinum Level Status, including:
- 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 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 ABCHOA or its designated third party entity(s) will be responsible for determining
eligibility under the criteria set out in Section VI. (As stated previously, the ABCHOA 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 ABCHOA/OSHA Partnership.
- Be evaluated as part of the member/employer application and annual renewal process to ensure
guidelines contained in this Partnership document are met. These visits will include:
- An inspection by ABCHOA or its designated third part entity(s) of the member/employer randomly
selected jobsite.
- Safety and health program documentation.
- Interviews with employees.
- These onsite visits will be conducted solely for the purpose of determining program eligibility,
and for no other reason.
- Contractors remain subject to non-programmed 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 ABCHOA 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 Wichita Area 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 ABCHOA if one or more of the following
occurs:
- An inspection by OSHA or ABCHOA 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 1.35 for a period greater than one year.
- The member/employer ceases to be a member of ABC Heart of America Chapter.
- 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
- This ABCHOA/OSHA program will cover jobsites located in the State of Kansas and will be in effect
for a period of three years. At the end of three years, the Wichita OSHA Area Office and the ABCHOA
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 entities.
Signed this _____ day of ____________________, 2007:
______________________________________
Rob Pitkin
Chairman, Board of Directors
Associated Builders and Contractors
Heart of America Chapter
______________________________________
Jim Kistler
President
Associated Builders and Contractors
Heart of America Chapter |
______________________________________
Judy Freeman
Area Director
U.S. Department of Labor
Occupational Safety and Health Administration
______________________________________
Steve Zink
Project Manager
Kansas Department of Labor
Industrial Safety and Health Section |
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