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Construction Health and Safety Excellence
A Partnering Agreement
Between the
United States Department of Labor
Occupational Safety and Health Administration
Peoria Area Office
Region 5
And the
Southern Illinois Builders Association,
A Chapter of the
Associated General Contractors of America
Peoria Area Office
and
Southern Illinois Builders Association/
Associated General Contractors of America
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- Partnership Background
On November 20, 2001, the Southern Illinois Builders Association (SIBA)/
Associated General Contractors of America (AGC) and the United States
Department of Labor Occupational Safety and Health Administrations Peoria
Area Office (OSHA) signed a Construction Health and Safety Excellence
(CHASE) partnership agreement that mutually recognized the importance of
providing a safe and healthful work environment in the construction
industry. To advance our mutual goal, we strongly agreed on the need to
develop a working relationship that creates mutual trust and respect for the
respective roles of each organization in the construction safety process.
The Construction Health and Safety Excellence (CHASE) partnership agreement
as described within this document is the direct result of the 1998
partnership charter between the Associated General Contractors of America (AGC)
and the United States Department of Labor Occupational Safety and Health
Administration (OSHA).
- CHASE Partnership Program Expectations
- Implementation of this program is expected to result in
decreased serious injuries, illnesses and fatalities for participating
contractors and improvement of existing safety and health programs.
- This agreement provides for incentives to construction
contractors that voluntarily participate in the CHASE program and
demonstrate implementation of effective safety and health programs.
- This agreement will not in any way affect employees’ ability
to exercise rights under the OSHA Act and OSHA regulations, including
walk-around rights.
- Specific Goals of CHASE
- To constantly strive to remain at or below the national
average for the Standard Industrial Classification (SIC)/North American
Industry Classification System (NAICS) code in the number of injuries,
illnesses, and fatalities affecting participant employers, with an
emphasis on reducing injuries and fatalities resulting from those hazards
that are the four leading causes of death on construction sites (falls,
struck-by, caught in/between and electrocutions).
- To increase the number of general and specialty contractors
who implement effective safety and health programs and provide effective
safety and health training for management, supervisors and employees.
- To recognize those contractors with exemplary safety and
health programs and effective site-specific safety and health plans.
- Program Implementation
The AGC/SIBA chapter Safety Committee or designated representative will
inform members who have successfully completed the application process and
are thus eligible for participation in the partnership. The local chapter
will then follow the procedures developed in the local partnership to inform
the OSHA Area Director of the qualified contractors.
- Eligibility Requirements for the Multi-Step Program: SILVER AND
GOLD.
- The CHASE Program will be implemented in two levels: SILVER
and GOLD.
- Applications may be submitted at the beginning of each
quarter. Eligibility status must be renewed on an annual basis. New and
renewal applicants will:
- Complete the two-part CHASE application form
- The first part of the form will request data from the
summary of the contractor’s OSHA 300 log. The second part of the form
will be self-audit evaluation checklist (see Appendix A), which will
require applicants to answer a series of questions related to their
safety program.
- The AGC/SIBA chapter safety and health committee or the
chapter’s designated representative will administer the self-audit
evaluation of the CHASE Program. The safety and health committee is
comprised of representatives from AGC member companies, or the
chapter’s designated representative will be appointed by the AGC
member companies. Either will approve or reject the CHASE application.
Local OSHA area offices will serve in an advisory capacity to the
chapter safety and health committee or its designated representative.
- The CHASE Program has two award levels. Entry into the
SILVER and GOLD Levels are based on answering “ yes” to all of the
questions on the self-audit evaluation administered by AGC/SIBA. In
order to determine the contractor’s level of eligibility, the
contractors must provide its chapter safety committee or its chapter’s
designated representative with evidence of conformance with each
requirement for each level.
- Once a partnership has been established between the local
chapter of AGC/SIBA and the OSHA Area Office, the chapter safety and
health committee or designated chapter representative will inform the
chapter members who have successfully completed the application
process and are eligible to participate in the partnership program.
- The top level, GOLD, will be open to those companies
whose achievement in the area of worksite safety are outstanding.
Acceptance into the GOLD level will require additional validation of
safety and health program efficacy through a comprehensive onsite
qualifying inspection. The qualifying inspection will be conducted on
at least one active job site by the chapter safety and health
committee or designated representative.
- Contractors who are accepted into the CHASE Program
receive incentives from OSHA.
- SILVER: Applicants seeking SILVER status must meet the
following requirements:
- Implement a comprehensive written safety and health program based on
the ANSI A10.38-1991 Guidelines or OSHA’s 1989 Safety and Health Program
Management Guidelines;
- Assign at least one trained employee with responsibility for
employee safety to administer the participants safety and health program
and to conduct documented safety and health inspections of ongoing work;
training equivalent to the AGC Safety Management Course will be deemed
satisfactory;
- Conduct an orientation of all new employees in the safety and health
program of the company, and show evidence of effective employee training
for avoidance of hazards specific to the contractor’s worksite(s);
- Conduct weekly employee safety meetings;
- Conduct and document self-audits annually;
- Show evidence of employee involvement in the safety and health
program, for example, participation in self-audits, site inspections,
job hazard analysis, safety and health program reviews, safety training,
and mishap investigations;
- Develop and maintain a Substance Abuse Policy;
- Provide all field construction supervisory personnel with training
equivalent to the AGC Supervisor Safety Competency Training Center
Course;
- Maintain a total case injury/illness incidence rate that is at or
below the most current Bureau of Labor Statistics national rate for the
Company’s SIC/NAICS.
- GOLD: Applicants seeking GOLD Status must meet the following
requirements:
- Implement a comprehensive written safety and health program based on
the ANSI A10.38-1991 Guidelines or OSHA 1989 Safety and Health Program
Management Guidelines. Ensure that written, site-specific, safety and
health plans are used by all contractors in their project.
- Applicant achieving GOLD status agrees to serve as a mentor for
contractors on its project who have yet to attain the same level of
recognition within the partnership. GOLD participant companies will
agree to maintain a copy of the specialty contractors’ safety and health
plan, hazard communication plan, and fall protection plan, or the GOLD
participant could require all specialty contractors to follow its
program;
- Assign a minimum of one employee or a third party entity who will
administer the firm’s safety and health program. This person or entity,
as a minimum, must have attended and completed the OSHA 30 Hour Training
Course in Construction or possess similar safety experience;
- Ensure designated safety personnel conduct documented safety and
health inspections of all work on their project(s). Personnel, through
training and experience, must be able to recognize hazards and will have
the authority to take prompt corrective action. Training curriculum
equivalent to the OSHA 30-Hour Construction Outreach Course will be
deemed to be satisfactory;
- Train all field construction supervisory personnel. In addition to
the Supervisory Safety Competency Course, additional training shall be
provided for competent persons in such areas as Scaffolding, Excavation,
Fall Protection, etc. (This additional training will be predicated by
the type and scope of work the applicant routinely conducts.);
- Provide evidence of employee involvement in all levels of the safety
and health program, such as self-audits, site inspections, job hazards
analysis, safety and health program reviews, safety training and mishap
investigations.
- Provide a safety and health program orientation for all new
employees and show evidence of effective employee training for avoidance
of hazards specific to the contractor’s work site(s);
- Conduct weekly employee safety meetings;
- Implement and maintain a Substance Abuse Policy;
- Conduct and document self-audits;
- Implement a 6-foot Fall Protection Policy;
- Maintain a total case injury/illness incidence rate that is at or
below the most current Bureau of Labor Statistics national rate for the
Company’s SIC/NAICS.
- Receive a qualifying inspection of at least one representative job
site by the chapter safety committee or the chapter’s designated
representatives;
- Have no willful violations in the last three years;
- Have no repeated serious violations in the last three years; and
- Have no fatalities or catastrophes within the last three years that
resulted in serious or willful citations related to the incident.
- Program Confidentiality
Information submitted by contractors as part of the application or renewal
process, as well as information obtained by virtue of the contractor’s
application or participation in the program, will be held in strict
confidence within the confines of the partnership program. The information
will be used only to measure the effectiveness of the partnership program.
However, in the event of an OSHA inspection, such information that is
relevant to any element of the investigation and normally is available will
be provided to OSHA upon request.
- Program Oversight
- The AGC/SIBA Safety Committee is responsible for the
following program monitoring activities:
- Periodic reviews to ensure compliance with the partnership
requirements, including random onsite visits of participant contractor
work sites.
- Make recommendations for program improvements.
- The OSHA Area Director will conduct a verification inspection
of one worksite before conferring incentives listed in Section 7.C.2-6 to
the GOLD Participant. Verification inspections will be conducted per the
current OSHA policy for focused inspections in construction.
- Incentives
Upon acceptance as a partnership participant, the OSHA Area Office will
provide certain incentives to participants.
- SILVER Participants
- Will be given special recognition from OSHA and AGC designating the
contractor as a participant in the CHASE Program;
- Will not receive citations for other-than-serious violations,
provided the violations are abated at the time of the inspection;
- Will be given the maximum good faith penalty reductions currently
available in current OSHA policy.
- GOLD Participants: After successful conclusion of an OSHA
verification inspection, OSHA will provide the following incentives:
- Will be given special recognition from OSHA and AGC designating the
contractor as a participant in the CHASE Program;
- GOLD participant job sites within the Area Office jurisdiction will
not receive another programmed inspection within the next twelve months;
- GOLD participants will receive unprogrammed inspections only in
response to reports of imminent danger, fatalities/catastrophes, and
formal complaints. OSHA will use telephone or fax to handle all other
complaints except those cases involving potential serious hazards of
National Emphasis Programs (NEPs) or Local Emphasis Programs (LEPs) or
serious injuries. When an inspection of a non-formal complaint is deemed
necessary, a copy of the complaint will be provided to the participant’s
Safety Director or other designated representative at the time of the
inspection;
- OSHA will not issue citations for other-than-serious violations
provided the violations are abated at the time of the inspection;
- If cited by OSHA, GOLD participants will receive the maximum good
faith and history penalty reductions currently available under existing
OSHA policy;
- During an OSHA inspection, GOLD participants whose program has
previously been verified by an OSHA inspection will not be included in
the inspection unless the Compliance Officer documents that the
participant is responsible for any employee exposures to serious hazards
such as falls, struck by, caught in-between or electrocution hazards.
- Partnership Evaluation
- It is the responsibility of the AGC/SIBA safety committee or
designated representative to gather required participant data to evaluate
the overall success of the program. Aggregated data will be reported to
the OSHA Area Director.
- The partnership will be evaluated annually to determine
whether the annual goal of maintaining an injury/illness rate at or below
the national average in the number of injuries, illnesses and fatalities
has been met. AGC/SIBA is responsible for collating baseline and annual
performance data upon with the partnership will be measured.
- Participant aggregate injury/illness incidence rates (total
case rates) and fatality rates will be compared with BLS published data to
determine whether goals have been met.
- Participant incidence of injuries from hazards that are the
four leading causes of death on construction sites (fall, struck-by,
caught in/between, and electrocutions) will be measured and compared
against a baseline established in the first year of the partnership.
- If all signatory partners agree, partnership criteria may be
revised annually based on recommendations for continuous improvement.
- Contractor Termination
- A contractor’s participation will be terminated by the AGC/SIBA
Chapter, and OSHA will be informed if one or more of the following occurs:
- An inspection by the AGC/SIBA chapter or OSHA reveals a significant
deviation from the program criteria;
- The contractor has falsified information on the application of
supporting records;
- The contractor’s total case injury/illness incidence rate rises
above criteria set in paragraph 5.C.9 for silver level participants or
paragraph 5.D.12 for Gold level participants; or
- The contractor takes other such actions that may be determined to be
grounds for termination by the AGC/SIBA chapter safety committee.
- Prior to final termination of a contractor’s status, the
following will occur:
- The contractor will be notified in writing of the intent to
terminate;
- The notice will include an explanation of the reasons for
termination;
- The contractor will have an opportunity to reply to the written
notice within a period of thirty (30) days; and
- The contractor will have the right to appear before the AGC/SIBA
chapter safety committee.
- The AGC/SIBA chapter safety committee will have the authority
to reinstate the contractor if it determines that the contractor’s
experience was unusual and not necessarily inconsistent with a sound
safety and health program. In the event, OSHA may conduct another
verification inspection.
- Any contractor may terminate participation in the program at
any time.
- Term and Location of Partnership
- The partnership will have an initial term of three years and
may be renewed if all signatory parties concur.
- Any signatory party to the partnership may withdraw from the
agreement at any time after submitting written notification of intent to
the other partner.
Agreed to this day _________of _____________________, 2008.
____________________________________________________
Nick Walters
Area Director
____________________________________________________
Robert Germann
President, Southern Illinois Builders Association
____________________________________________________
Timothy K. Garvey
Executive Director, Southern Illinois Builders Association
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