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OSHA Strategic Partnerships ProgramRegion 9 > #317 Partnership Agreement
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Partnership Agreement 
between the 

Guam Contractor's Association 

and the 

Occupational Safety and Health Administration 

"GUAM SAFE" 
 
The Occupational Safety and Health Administration (OSHA) agrees to a limited partnership with the Guam Contractors' Association (GCA) in the interest of achieving enhanced and voluntary workplace safety and health through the establishment of monitored and maintained safety and health programs for select employers. The overall purpose will be to eliminate the risk of death and serious injuries and illnesses to workers by establishment of model workplaces for safety and health. Association members who are willing to meet the criteria of this partnership will receive OSHA assistance and annual verification inspections in lieu of programmed inspections. 

Selection criteria for participants: 
  • Executive Commitment Participants agree to a letter stating executive commitment to develop and maintain safety and health programs for construction projects (and associated staff housing, if applicable). The letter should be from the Chief Executive Officer (CEO) or equivalent. It should make clear such a program is a priority for the CEO and that he will personally track programs and hold managers accountable for administration of the program. The letter should be addressed to the OSHA Regional Administrator and endorsed by The GCA. A similar letter should be addressed to managers and employees and posted for two months at the main office in a location accessible to employees. 
     
  • Commitment to Develop or Maintain a Formal Safety and Health Pro-gram. The program will be in writing, will be shared with the employees, will be given to OSHA as a part of the acceptance process, and will address the elements described below: 
Element 1: Employee Involvement. 
Management will ensure employee involvement with the safety and health program in each of the following methods: 

Participants will establish a safety and health team. The team should meet at least monthly to identify construction hazards, training needs, and other related issues. Valid ideas and/ or recommendations will receive reasonable and timely action. Identified imminent danger hazards (those immediately likely to cause death or serious injury) which are identified by the team will be immediately corrected by management. 

An employee representative will participate in any company safety audit --- unless performed by independent safety and health consultants/ contractors. 
  
Employees will have access to safety/ health audits and corrections. These may be available at the company's offices in a location accessible by all employees. 

Employee representatives will, if available, as a part of their regular duties, be allowed to accompany a compliance officer on any OSHA inspection. 

All warning signs will be in the principal working language of affected workers. Interpreters will be made available, on request, to translate safety and health programs, audit reports, hazard information, and informational posters. 

Employees will have the right to submit safety and health complaints or recommendations to management. Valid complaints will be corrected within a reasonable time. 

Employees will retain the right to submit complaints to OSHA regardless of whether they pursue their complaint within company procedures. 

Employees will not be discriminated against as a result of participation in the safety and health program, submitting complaints, or exercising their rights under the Occupational Safety and Health (OSH) Act. 
Element 2: Periodic Safety and Health Inspections/ Audits. 
Participating companies agree to conduct periodic worksite audits for the purpose of identifying and correcting safety and health hazards. 

Audits will be conducted as frequently as deemed necessary by the company, but in no case less than once every twelve months. 
 
Companies which routinely rely on the services of consultants may use such services to conduct audits in addition to or in lieu of company representatives. 

Companies agree to correct all hazards identified in these audits at the jobsite and within a reasonable time. 
Element 3: Training and Education. 

Participating companies agree to: 
Train their workforce (in the principal working language of the workers) in the details of their safety and health program. If the ability to speak and read English is a job qualification on the site, the translation will not be a requirement. 

Train workers on their rights and responsibilities under OSHA. 

Train selected personnel for each worksite in basic first aid and CPR. 

Train personnel in hazards typical of the work done by the contractor/ employer. Emphasis will be on hazards known to cause death or serious injuries at construction sites or general workplaces, such as falls, electrical hazards, struck-by hazards, trenching, and chemical hazards. 
 
Make material safety data sheets (MSDSs) available to any requesting employee. MSDSs will be translated if written in English and not understood by the reader. 

Train workers in any other aspects that will enable them to do their jobs safely. 
Element 4: Employment of a Safety and Health Professional. 
Participating contractors agree to have an assigned safety person whose job will be to manage the safety and health program, reduce injuries/ illnesses, and ensure compliance with OSHA standards. This person will have the authority to effect safety and health corrections and to shut-down operations that pose an imminent danger risk. 
Element 5: Recordkeeping/ Injury-Illness Analysis. 
Participants will maintain records of recordable injuries and illnesses as required by OSHA. 

Annual summaries of injuries/ illnesses will be posted for the information of workers as required by OSHA. 
 
The company safety and health official will analyze injury and illness trends to identify work practice improvements or material modifications necessary to prevent accidents. 
Element 6: Worker Housing Accommodation. 
Where worker accommodations are under the control of the participant, the participant agrees to comply with all OSHA requirements and to provide living accommodations that are safe, sanitary, and adequate for residents. 
Element 7: Safety and Health Program Analysis. 
The safety and health representative will prepare an annual analysis of the company's safety and health program which will include a summary of all major hazards found and corrected through site inspection or safety team efforts, those still uncorrected, injury/ illness trends, and recommendations for safety and health improvements. 

The analysis will be submitted to the CEO or equivalent. 
Element 8: Cooperation with OSHA. 
Participants agree to allow OSHA to inspect without delay in the event of a catastrophe, fatality, or complaint. 

Participants agree to allow OSHA to conduct an annual program verification inspection at their office, yard, and project sites, in accordance with this partnership agreement. 

Participants agree to cooperate with OSHA during all inspections and to share information on its safety and health program, program analyses, recordkeeping data, and internal inspection/ audit results. 

Participants agree to allow an employee representative to participate on OSHA inspections and to allow interviews with workers. 

Participants will post notices of imminent danger, when issued by OSHA, and then will immediately correct the hazard or voluntarily remove workers from exposure. 
OSHA Commitment 
So long as the participant is meeting the intent of the partnership, OSHA will conduct a focused verification inspection in lieu of programmed inspections. Such verification inspection will occur no more than once a year. 

The OSHA verification inspection will be limited in scope to a review and evaluation of the safety and health program, analysis of injuries, interview of select employees to verify quality, and a focused inspection of a project site to verify compliance. Obvious significant hazards will be cited. 
 
OSHA will limit the scope of accident and complaint investigations to information relevant to the accident or complaint (including records) and will not expand the inspection to other areas unless hazards are obvious. 
 
OSHA will endeavor to support the company in reasonable requests for training. 
 
OSHA will furnish technical advice, publications, and training material to the employer upon request. Such requests will not cause an OSHA inspection. 
 
Informal complaints (unsigned) --- Participating companies will have an opportunity to resolve such complaints; however, if corrections are determined by OSHA to be inadequate, an inspection may be made to achieve compliance. 
Partnership Limitations. 

It is agreed that partnering employers/ contractors remain subject to OSHA required inspections and investigations in accordance with established requirements under the OSH Act.
 
  • OSHA will conduct accident investigations. 
     
  • OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer. 
Partnership Review. 

Partnership agreements will be reviewed in the event of a fatality, catastrophe event, or poor performance identified in an OSHA evaluation. The review will determine whether the agreement should continue. 

Partnership Termination.
  • Any party may terminate the agreement by written notification to the other party. 
     
  • OSHA may terminate the agreement for any sustained willful violation or any sustained failure-to-abate situations. 
     
  • OSHA may terminate the agreement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act. 
     
  • The GCA may terminate the agreement in the event of there is a failure to resolve significant issues pertaining to the partnership. 


 

__________________________________ 
Frank Strasheim, Regional Administrator
OSHA, Region IX 
 
 
 
__________ 
Date
__________________________________ 
James A. Martinez, Executive Director
Guam Contractors' Association
__________
Date
 
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