I. Objective
II. Background
III. Kanawha Valley Builders Association Commitment/Pledge
IV. OSHA’s Commitment/Pledge
V. Commitment by the Kanawha Valley Builders Association Member Partners
VI. Employee/Employer Rights
VII. Termination of Agreement
VIII. Partnership Evaluation
This partnering agreement was developed jointly by the above named groups. The
common objective and goal of the agreement is to provide a safe and healthful
work environment for employees engaged in construction activities in the
Charleston and Kanawha Valley Area, 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 Kanawha Valley Builders Association, the Labor and Education
and Development (LEAD) Program, 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 Kanawah Valley construction
jobsites and that 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.
Kanawha Valley Builders Association (KVBA) is a trade association focused on
commercial, institutional and industrial construction with over 100 member
companies which employ over 6,500 people and represent all facets of
construction. Member companies include the following industries: site
construction, concrete, masonry, metals, wood and plastics, thermal and moisture
protection, doors and windows, finishes, specialties, equipment, furnishings,
special construction, conveying systems, mechanical, and electrical
KVBA’s mission is to provide opportunities for its members and leadership to the
Kanawha Valley construction community, and KVBA’s focus is to provide the means
and measures for its members to develop and grow. One of KVBA’s principal goals
and long standing commitments is to promote safety awareness and to serve as a
safety resource for its members. This safety commitment includes a strong
training commitment through the LEAD program.
KVBA 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 costs, fines, and criminal and civil penalties. A
focus on safety is one objective that OSHA and all KVBA members have in common.
In 1991, the KVBA Board of Directors, realizing the importance of safety for
their members, agreed to improve training for all members through the Labor
Education and Development (LEAD) Program, which met the organization’s
commitment and resources for these safety efforts. A full-time staff was hired
and given the long-term goal of developing a safety training institute to
provide quality education and training for KVBA members.
OSHA, along with KVBA, has a vested interest in the protection of employees and
in 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 KVBA and OSHA will provide an opportunity to reach larger populations
and keep the focus on safety in the forefront. Forming this partnership will
increase OSHA’s visibility with KVBA’s membership and help to improve the
relationship through continued cooperation.
ARTICLE III
KANAWHA VALLEY BUILDERS ASSOCIATION COMMITMENT/PLEDGE
|
Recognizing the diversity of KVBA’s membership, KVBA’s and
OSHA’s partnering initiative will be focused on safety training
TRAINING PARTNERSHIP
KVBA will administer this partnership program, as outlined herein, and will
serve as the principle safety resource in support of KVBA members, and:
- Act as liaison for members with OSHA. Members will be able to
call KVBA with questions and KVBA will contact OSHA for responses.
- Offer on-going, quality training on topics of importance for
members, specifically the focused areas such as fall protection, scaffolding,
trenching, etc.
- Provide tool box talks to members to assist with their training
efforts. Members can use these for site-specific and topical training. To
further this effort, KVBA, through the LEAD Program, will be developing a
prepackaged Safety Awareness Program that includes tool box talks as well as a
specific safety slogans and novelty gifts.
- Provide up-to-date informational materials and brochures to KVBA
members, i.e: (from OSHA, the Bureau of Workers Compensation ("BWC"),
Associated General Contractors ("AGC"), and similar organizations). KVBA will
secure pertinent publications from all available sources and provide such
materials to members upon request, thus helping to save them the time and
effort to secure this material.
- Organize and provide OSHA’s interpretations of major standards as
well as local inspection perspectives. Providing this information to members
will help them understand and properly interpret standards.
- Provide FATAL FACTS to members from recent OSHA information
targeted to the Kanawha Valley area.
- Develop safety training criteria for all levels of construction
as needed. This will help to define and better clarify what OSHA accepts as
adequate training for superintendents, supervisors, foremen, and every level
of construction worker.
- Work with OSHA to use the above established training criteria
developed for implementation in KVBA’s L.E.A.D. Program where member
companies, that agree to partner, can begin this defined training program for
their employees.
- Develop written safety and health policies and procedures for
members including emphasis on company / employee responsibilities.
- Solicit grants to further develop the goal of being a “safety
training institute” and initially feature hands-on training in fall
protection, scaffolding and trenching.
- Administer the overall Partnership Program, including but not
limited to the initial conduct and evaluation of the Partnership applications
to determine whether the contractor meets the criteria specified within this
Partnership initiative. Information to be considered by KVBA will include
pertinent company information, i.e., demonstrated safety and health program,
training commitments, OSHA citation history, fatalities, injury/illness
experience, and similar factors. (Reference Section V)
- KVBA will notify OSHA on a regular and recurring basis with the
name (s) of contractors who have met the Partnership criteria, including
notifying OSHA whether the contractor qualified as a Level One (1) or Level
Two (2) partner.
- KVBA will conduct an annual evaluation to determine the impact
and effectiveness of this Partnership with OSHA. OSHA will support KVBA and
its activities to increase safety efforts for KVBA members and, as resources
permit, will recognize Level One (1) and Level Two (2) partners.
The KVBA Partnership Committee will review performance records of member
applicants to determine if they meet the following criteria for exemplary safety
performance in order to qualify for Level Two (2) status:
- Comprehensive safety and health programs.
- DART rate (cases with days away from work, job-transfer or restriction)
below the most recently published national average for the construction
industry. The latest DART rate posted by Bureau of Labor Statistics (BLS)
for construction is 3.8 for the year 2002.
For members who do not meet the criteria for exemplary performance and are
given a Level One (1) status, OSHA will:
- Assist KVBA in the development of criteria to be used for the Safety
Training Institute.
- Provide technical information to KVBA regarding the grant process to apply
for funding for the LEAD Safety Training Program.
- Provide an OSHA Representative to meet with KVBA membership on a regular
basis (e.g. bi-monthly) to discuss current job site findings, current
violation trends and possible options/corrective measures to eliminate
hazards.
- Share information on current violations and statistics, including relevant
interpretations, proposed standards and similar information which may be of
interest to KVBA membership (for possible publication in KVBA mailings to its
members).
- Recognize and consider KVBA safety training programs when inspecting job
sites of partnering members, consider the extent of employee training and
instruction and the KVBA member’s safety and health program.
- Where participating members have established and implemented a
comprehensive safety program (such as referenced in FRN 54:3904-3916, "Safety
and Health Program Management Guidelines," January 26, 1989 and/or American
National Standards Institute ("ANSI") A 10.38, "Basic Elements of an Employer
Program to Provide a Safe and Healthful Work Environment"), including the
appropriate monitoring/ presence of a competent person(s) (as defined within
29 CFR 1926.32(f)), ensuring program enforcement, employee involvement and
effectively training their employees and supervisors (e.g. utilizing LEAD’s
safety training program or equivalent training), OSHA will focus and limit the
scope of its investigation to the four primary groups of hazards which account
for most fatalities and injuries in the construction industry: falls,
electrical hazards, caught in/between hazards, and struck-by hazards.
- OSHA consultation will be available to assist Level One (1) employers in
improving their safety and health performance.
Contractors who have been awarded the Level Two (2) status for exemplary
safety performance will be included in the above stated commitments and OSHA
will:
- Consider Level Two (2) participants for the maximum good faith, size and
penalty reductions currently outlined within OSHA Instruction CPL 1.103
("Field Information Resource Manual").
- Not issue penalties for other-than-serious violations, provided the
violations are immediately abated. OSHA reserves the right to issue penalties
for regulatory violations for which mandatory penalties are established
pursuant to the policy set forth in the Field Inspection Reference Manual.
- Limit the scope of the inspection to the "Focused" issues of fall
protection, caught between, struck by, and electrical hazards
- Not subject Level Two (2) participants to programmed inspections for one
(1) year following the completion of a successful OSHA verification
inspection, provided they have given notice to the OSHA inspector that they
are participating in the the KVBA partnership. For all other OSHA inspections
and activities, the contractors remain subject to OSHA inspections and
investigations in accordance with agency procedures.
Contractors electing to participate in this agreement as a Level Two (2)
partner are not subject to requirements beyond what is mandated by existing OSHA
regulations or policy. Non-compliance with Level Two (2) commitments, however,
may be evaluated and a determination made by OSHA as to whether their employer
should remain in the program and retain the rights and considerations identified
within this Partnership agreement.
OSHA INVESTIGATIONS
OSHA personnel will continue to conduct investigations under national and local
emphasis programs, workplace complaints, referrals, fatalities, catastrophes,
other significant accidents or events, and will investigate contractors whose
employees are exposed to or are creating plain view hazards at Partnership
worksites. These investigations will be conducted outside of the Partnership
agreement in accordance with established OSHA enforcement policy. Violations
documented during such investigations may result in the issuance of citations
and penalties.
KVBA members will be able to take advantage of this opportunity to partner with
OSHA. Contractors participating in this partnership must:
- Sign a letter of agreement with KVBA indicating their intent to
participate in this Partnership initiative, and request recognition by KVBA as
a Level One (1) or Level Two (2) partner.
- Certify that their company has not been cited by the Charleston
OSHA office within the past three (3) years for alleged violations classified
as “willful”, “high gravity serious”, “repeat” or “unclassified”.
- Verify that a comprehensive written Safety and Health Program is
in place which is at least equivalent to the criteria referenced in Section
IV, Paragraph A. 6. This is the minimum established criteria for
participation, and shall include the KVBA member’s implementation of policies
and procedures to ensure that safety rules and procedures are enforced at
their jobsites.
- Insure that policies are in place to hold supervisor(s) and
employee(s) accountable for following established safety rules and OSHA
regulations.
- Provide the level of training required by OSHA regulations to
their employees either through KVBA, their own training personnel or other
consultant / trainers.
- Ensure that within one year after obtaining KVBA’s acceptance
into this Partnership Program, all competent persons will have completed the
OSHA 30-hour course for the construction industry (or its equivalent). Records
of training certification will be provided to KVBA and made available for
review.
- Ensure that within one year after obtaining KVBA’s acceptance
into this Partnership Program, all non-supervisory personnel engaged in
construction activities will have completed the OSHA 10-hour course for the
construction industry (or its equivalent).
Note:
All employees will receive a 2-hour safety orientation when hired unless
already trained. Full-time employees on the job after six months will receive
the remaining necessary training. Summer employees and interns will receive
the 2-hour safety Orientation, but will be exempt from the 10-hour or
equivalent Requirement as identified in this Partnership agreement (summer and
intern employees are limited to 90 days of employment).
Records of training certification will be provided to KVBA and made available
for review.
- Provide periodic safety related data or statistics to KVBA
concerning such issues as man-hours worked lost work day injuries, accident
records and OSHA inspection results. KVBA will provide a summary of an
analysis of pertinent safety related information for review by OSHA. The
purpose of such summary information will assist in preparing an annual report
necessary for evaluating the merits of the Program and making recommendations
for continuous improvement.
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-200 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.
Employers retain all rights guaranteed under the OSH Act, including the right to
appeal or contest violations issued by OSHA.
This agreement will terminate on 9-30-06, which is 2 years from the date of the
signing. If either OSHA or KVBA wishes to withdraw their participation prior to
the established termination date, the agreement will terminate upon receiving a
written notice of the intent to withdraw from either signatory.
For non-signatory participants of the strategic partnership, OSHA may terminate
the participant’s involvement at any time with written notice. Additionally, the
participant may withdraw their participation from the strategic partnership at
any time with a written notice of the intent to withdraw to OSHA.
Any party may propose modification or amendment to the Partnership Agreement
subject to concurrence by the other partner.
This Partnership will be evaluated yearly by all participants using the format
in Appendix A. Such evaluation may include criteria such as, but not necessarily
limited to, contractor lost workday injury rates, number of OSHA recordable
injuries, workers compensation experience modification rates, etc.
KVBA’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, KVBA will provide a summary of this information to OSHA.
(Note: The first evaluation shall occur on 9-30-2005.)
Following implementation of the Partnership agreement, every six months during
the term of the agreement, all participating contractors shall submit data to
KVBA 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.
APPENDIX A
OSHA Strategic Partnership Program
Annual Partnership Evaluation Report
Cover Sheet
|
| Partnership Name |
|
| Partnership ID Number |
|
| Purpose of Partnership |
|
| Goals of Partnership |
|
| Anticipated Outcomes |
|
| Strategic Plan Emphasis and Target Areas (check
all applicable) |
Construction
General Industry
Amputations in Manufacturing
|
|
Concrete, Gypsum and Plaster Products |
| |
Blast Furnaces and Basic Steel Products |
| |
Ship and Boat Building and Repair |
| |
Amputations in Construction |
|
Public Warehousing and Storage |
| |
Landscaping/horticultural Services |
|
Ergo/Musculoskeletal |
| |
Oil and Gas Field Services |
|
Blood Lead Levels |
| |
Preserve Fruits and Vegetables |
|
Silica-Related Disease |
|
Section 1 General Partnership Information |
| Partnership Name |
|
| Partnership ID Number |
| |
| Date of Evaluation Report |
|
| Evaluation Period |
| Start Date |
|
End Date |
|
| Evaluation Contact Person |
|
| Originating Office |
|
| Partnership Coverage |
| # Active Employers |
|
# Active Employees |
|
| Industry Coverage (note range or specific SIC and NAICS for each partner ) |
| Partner |
SIC |
NAICS |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| Section 2 Activities Performed |
| Note whether an activity was required by the OSP and whether it was performed |
| |
Required |
Performed |
| a. Training |
|
|
| b. Consultation Visits |
|
|
| c. Safety and Health Management Systems Reviewed/Developed |
|
|
| d. Technical Assistance |
|
|
| e. VPP-Focused Activities |
|
|
| f. OSHA Enforcement Inspections |
|
|
| g. Offsite Verifications |
|
|
| h. Onsite Non-Enforcement Interactions |
|
|
| i. Participant Self-Inspections |
|
|
| j. Other Activities |
|
|
| 2a. Training (if performed, provide the following totals)
|
| |
Training sessions conducted by OSHA staff |
| |
Training sessions conducted by non-OSHA staff |
| |
Employees trained |
| |
Training hours provided to employees |
| |
Supervisors/managers trained |
| |
Training hours provided to supervisors/managers |
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2b. Consultation Visits (if performed, provide the following total) |
| |
Consultation visits to partner sites |
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| |
| 2c. Safety and Health Management Systems (if performed, provide the following
total) |
| |
Number of systems implemented or improved using the 1989 Guidelines as a model |
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
| |
| 2d. Technical Assistance (if performed, note type and by whom) |
| |
Provided by
OSHA Staff |
Provided by
Partners |
Provided by
Other Party |
| Conference/Seminar Participation |
|
|
|
| Interpretation/Explanation of Standards or OSHA Policy |
|
|
|
| Abatement Assistance |
|
|
|
| Speeches |
|
|
|
| Other (please specify) |
|
|
|
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2e. VPP-Focused Activities (if performed, provide the following totals) |
| |
Partners/participants actively seeking VPP participation |
| |
Applications submitted |
| |
Partners/participants that are VPP participants |
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2f. OSHA Enforcement Activity (if performed, provide the following totals for
any programmed, unprogrammed, and verification-related inspections) |
| |
OSHA enforcement inspections conducted |
| |
OSHA enforcement inspections in compliance |
| |
OSHA enforcement inspections with violations cited |
| |
Average number of citations classified as Serious, Repeat, and Willful |
| Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2g. Offsite Verification (if performed provide the following total) |
| |
Offsite verifications performed |
|
Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2h. Onsite Non-Enforcement Verification (if performed provide the following
total) |
| |
Onsite non-enforcement verifications performed |
|
Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2i. Participant Self-Inspections (if performed provide the following totals) |
| |
Self-inspections performed |
| |
Hazards and/or violations identified and corrected/abated |
|
Comments/Explanations (briefly describe activities, or explain if activity
required but not performed) |
|
| 2j. Other Activities (briefly describe other activities performed) |
|
| Section 3 Illness and Injury Information |
| Year |
Hours |
Total Cases |
TCIR |
# of Days Away from Work Restricted and
Transferred Activity Cases |
DART |
| 2002 |
|
|
|
|
|
| 2003 |
|
|
|
|
|
| 2004 |
|
|
|
|
|
| Total |
|
|
|
|
|
| Three-Year Rate (2002-2004) |
|
|
|
| BLS National Average for 2002 |
|
|
|
| Baseline |
|
|
|
|
|
Section 4 Partnership Plans, Benefits, and Recommendations1
|
| Changes and Challenges (check
all applicable) |
| |
Changes |
Challenges |
| Management Structure |
|
|
| Participants |
|
|
| Data Collection |
|
|
| Employee Involvement |
|
|
| OSHA Enforcement Inspections |
|
|
| Partnership Outreach |
|
|
| Training |
|
|
| Other (specify) |
|
|
|
Comments |
|
| Plans to Improve (check all applicable) |
| |
Improvements |
N/A |
| Meet more often |
|
|
| Improve data collection |
|
|
| Conduct more training |
|
|
| Change goals |
|
|
|
Comments |
|
| Partnership Benefits (check all applicable) |
| |
Improvements |
N/A |
| Increased safety and health awareness |
|
|
| Improved relationship with OSHA |
|
|
| Improved relationship with employers |
|
|
| Improved relationship with employees or unions |
|
|
| Increased number of participants |
|
|
| Other (specify) |
|
|
|
Comments |
|
| Status Recommendation |
| Partnership Completed |
|
| Continue/Renew |
|
| Continue with the following provisions: |
|
| |
| Terminate (provide explanation) |
|
| |
Signature Page
_________________________
1 Sample Chart - no required format
|
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