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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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| OSHA Strategic Partnerships Program > Region V > #530 Partnership Agreement | |||||||||||||||||||||||
 Printing Instructions |
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Partnership Agreement Between Allied Construction Industries And Occupational Safety & Health Administration OSHA 2006 |
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Contents
I. OBJECTIVE The above named groups developed this partnering agreement jointly. The common objective and goal of the agreement is to provide a safe and healthful work environment for employees engaged in construction activities in Ohio, and to help prevent serious accidents within the industry through increased training and implementation of enhanced safety and health programs. By focusing its efforts and utilizing the skills and resources of the Allied Construction Industries (ACI) trade association, their member employers, and with assistance by OSHA, it is believed that through this cooperative and voluntary program, hazards and serious injuries can be reduced at Ohio jobsites and participants will achieve an injury and illness rate below the National average for the construction industry. This initiative represents a voluntary agreement and affords a partnership alternative to the traditional OSHA enforcement procedures. This partnership program is consistent with OSHA’s long-range efforts to develop a business/labor/government partnership approach to safety management, allows for better use of OSHA resources, and encourages more participation in the safety process by each stakeholder. Representatives of the building trade organizations most directly involved or affected by this partnership have been consulted and encouraged to provide input on an ongoing basis to help suggest improvements and further enhancements to this partnership initiative. II. BACKGROUND: Allied Construction Industries (ACI) is a trade association focused on commercial construction with over 600 member companies with over 30,000 employees representing all aspects involved in this industry. Member companies include: site construction, concrete, masonry, metals, wood and plastics, thermal and moisture protection, doors and windows, finishes, specialties, equipment, furnishings, special construction, conveying systems, mechanical, electrical and service industries. ACI’s mission is to provide opportunities for members and leadership to the Greater Cincinnati Construction community and ACI’s focus is to provide the means and measures to help its members develop and grow. One of ACI’s principle goals and a long standing commitment of the association is to promote safety awareness and serve as a safety resource for its members. This safety commitment includes information, education, referrals and training. ACI and OSHA believe that maintaining a focus on safety saves lives, time and dollars. The impact of accidents leads to employee deaths, injuries, equipment damage, worker's compensation increases, insurance increases, down time, increases in temporary employee costs, fines, penalties and civil penalties. A focus on safety is one objective that OSHA and all ACI members have in common. In 1998 the ACI Board of Directors, realizing the importance of safety for their members, agreed to increase the organization's commitment and resources to the safety efforts. A full-time safety director was hired and given the long-term goal of developing a safety training institute, geared to quality education and training of ACI members. OSHA along with ACI has a vested interest in protection of employees and working with other associations and groups to assist in promoting safety. With a lack of staff to be able to inspect every job site and project, joint efforts by ACI and OSHA will provide an opportunity to reach larger populations and keep the focus on safety and in the forefront. Continuing this partnership will increase OSHA's visibility within ACI’s membership and help to continue to change the relationship from adversarial to one of cooperation. III. GOALS /STRATEGIES/MEASUREMENTS It is hoped that hazards and serious injuries can be reduced and injury & illness rates will fall 15% below the national average for the construction industry over the life of the partnership. This is a voluntary agreement offering an alternative to traditional OSHA enforcement procedures for ACI members.
TRAINING PARTNERSHIP: ACI will administer this partnership program and serve as the principle safety resource for ACI members as requested. ACI responsibilities include:
IN ORDER TO TAKE ADVANTAGE OF THIS PARTNERING AGREEMENT BETWEEN ACI AND OSHA, MEMBERS AGREE TO THE FOLLOWING:
As an integral part of an effective safety and health program (as defined within Section IV) the availability of employees to exercise their rights which are guaranteed under the 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 (e.g. the OSHA-300 log and medical exposure records) will not be infringed. It is anticipated that routine employee involvement in the day-to-day implementation of worksite safety and health programs will be assured, including employee participation in employer self-audits, site inspections, job hazard analyses, safety and health program reviews, and mishap investigations. This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with the Act." VII. TERMINATION OF AGREEMENT Either partner may withdraw from this agreement by providing written notification to the other partner. Termination shall be effective thirty days after receipt of notification. Furthermore, any individual contractor electing to participate in this program may withdraw from this agreement by providing written notification to ACI and OSHA. Termination shall be effective thirty days after receipt of notification. Unless modified or superseded, this partnership agreement will expire on or before March 13, 2009. As indicated, should any party choose to withdraw prior to that date, a 30 day written notice will be given to the other members 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. The OSHA Area Director has exclusive rights to terminate a company from this partnership at will, without notice or reason. VIII. PARTNERSHIP EVALUATION All participants will evaluate this partnership yearly. Such evaluation will include criteria such as, but not necessarily limited to, contractor lost workday injury rates, number of OSHA recordable injuries, workers compensation experience modification rates, number of employees trained, etc. ACI’s evaluation will include a comparison of the contractor’s experience modification rates with the industry average, and will also compare the contractor’s OSHA lost work day injury and illness rates with the latest available USDOL Bureau of Labor Statistics data for the contractor’s SIC code. As outlined previously, ACI will provide a summary of this information to OSHA during January of each year. Following implementation of the partnership agreement, annually during the term of the agreement, all participating contractors shall submit a data form to ACI so that lost time incident rates can be monitored and measured. Such information will be used as an ongoing evaluation tool helping to gage the effectiveness of the program and will be used to compile the annual evaluation as noted above. It is anticipated that OSHA’s onsite evaluation of the effectiveness of this partnership agreement will occur during the normal course of compliance investigations and onsite inspections consistent with the criteria specified within this partnership agreement. IX. DURATION AND LOCATION OF PARTNERSHIP The Partnership Program was initially located within the twenty (20) county area in southwestern Ohio covered by the Cincinnati OSHA Office. A joint decision by both partners in this agreement, i.e. the Cincinnati OSHA Office and ACI, has resulted in a decision to expand coverage of this partnership program to all OSHA areas within the State of Ohio. This Partnership Agreement will expire March 30, 2009.
Terry M. Phillips.  Date:Associate Director Allied Construction Industries
COMPANY:__________________________________________________________________ ADDRESS:___________________________________________________________________ PHONE:__________________________ FAX:__________________ EMAIL:_____________________ COMPANY CONTACT:_________________________________ TITLE______________________ CONSTRUCTION SIC CODE:_________ TRADES EMPLOYED____________________________ AVERAGE NUMBER OF EMPLOYEES:______ AVERAGE NUMBER OF SUPERVISORS:______ AVERAGE NUMBER OF ANNUAL WORK HOURS:_____________________________________ DO YOU HAVE A SAFETY DEPARTMENT? ____YES ____NO DO YOU BUDGET FOR SAFETY ____YES ____NO # OF FULL-TIME SAFETY EMPLOYEES____ SAFETY DIRECTOR IS_______________________ DATE OF ANY WILLFUL OSHA VIOLATION FROM ANY OHIO OSHA OFFICE:_________________ DATE OF LAST OSHA INSPECTION________________________ DO YOU CURRENTLY HAVE A COMPREHENSIVE SAFETY & HEALTH PROGRAM? ______Yes ______No (Copy must be included with this application) DO YOU PERFORM DRUG TESTING?______ POST OFFER______ RANDOM_______ POST ACCIDENT______ FOR PROBABLE CAUSE_________ DO YOU CURRENTLY PROVIDE A 2-HOUR SAFETY ORIENTATION FOR ALL NEW HIRES? ______Yes ______No IF YES, WHAT TYPE OF TRAINING DO YOU USE?_____ VIDEOS ______HANDBOOKS _____ VERBAL_______ OTHER__________ FOR THE PAST REPORTING YEAR, PLEASE PROVIDE THE FOLLOWING INFORMATION BWC EXPERIENCE MODIFICATION RATE:__________________ OSHA INCIDENT RATE:_____________________ NUMBER OF LOST WORK DAYS:_____________________ NUMBER OF FATALITIES_______ NUMBER OF RESTRICTED WORKDAYS:________ NUMBER OF MEDICAL ONLY CASES______ NUMBER OF EMPLOYEES CURRENTLY TRAINED IN 10-HR________30-HR_____ HOW LONG HAVE YOU BEEN A MEMBER OF ACI?______ DO YOU CURRENTLY USE ACI SAFETY RESOURCES? YES_______ NO________ |
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