The Home Builders Association of St. Louis & Eastern Missouri (HBA) and
the Occupational Safety and Health Administration (OSHA), Peoria Illinois 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 Illinois-Residential On-Site Safety
Initiative (I-ROSSI).
I. Purpose/Scope/ ID of Partners
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 Edition and other industry partnership programs will be the cornerstone of the
I-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 I- ROSSI members
as necessary to gain clarification of interpretations of OSHA regulations applicable to the residential
and light commercial construction industry so that such information can be communicated to program
participants.
The partnership program will be conducted within the jurisdictional areas of the Peoria, Illinois
OSHA Area Office. 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 does not affect any 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.
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 Peoria, Illinois OSHA
office.
II. Partnership Goals/Measurement
- Reduce the number and severity of injuries, illnesses and fatalities affecting participating
contractors from falls, struck-by, caught-in/between and electrocutions. Injury/illness data will be
used to measure this goal
- Increase the number of members/employers who implement effective safety and health training. The
number of companies improving or implementing effective safety and health programs will be tracked.
III. Partnership Benefits
- Special recognition from OSHA, HBA and the Carpenters Union designating the member/employer as a
participant of I-ROSSI.
- 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.
- OSHA will issue a letter to members/employers participating in the I-ROSSI partnership 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.
IV. Partnership Management/Operation
- The St. Louis HBA will appoint a I-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.
- If OSHA receives a complaint it will be handled according to OSHA’s Complaint Policies and
Procedures (OSHA Instruction CPL 02-00-140).
- During OSHA inspections of non-participant employers, I-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 will be issued.
- Will not receive citations for other than serious violations from OSHA, provided that the
violation is abated during the inspection.
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 "Illinois Residential On-Site Safety Initiative (I-ROSSI)
Application Form."
- Have regular jobsite safety inspections conducted by a competent person and documented.
- Conduct and document investigation of accidents.
- Have no willful violations or repeated serious violations issued within the past two years.
VI. OSHA Verification
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 benefits listed in Section III. Partnership
Benefits. 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.
VII. 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. This third party administrator is paid for by the
applicant. 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.
VIII. 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 verification inspection shall make a pass or fail
recommendation to the I-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 Illinois On-Site 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
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 rules and regulations adopted pursuant to the Act.
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 Peoria, Illinois
OSHA 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 OSHA or 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 Peoria, Illinois Area Office area of jurisdiction 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 I-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.
- If OSHA chooses to withdraw its participation in the partnership, the entire agreement is
terminated. Any signatory may also propose modification or amendment of 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 Peoria, Illinois OSHA area office.
Signed this day of
Ken Stricker
President
Home Builders Association of St. Louis & Eastern Missouri |
Nick Walters
OSHA Area Director, Peoria, Illinois |
Terry Nelson
Carpenters' District Council |
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