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ARRANGEMENT ESTABLISHING AN ALLIANCE BETWEEN
THE UNITED STATES DEPARTMENT OF LABOR’S OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION, OMAHA AREA OFFICE
THE UNITED STATES DEPARTMENT OF LABOR’S WAGE AND HOUR DIVISION OMAHA AREA OFFICE
THE NEBRASKA WORKERS’ COMPENSATION COURT
NEBRASKA WORKFORCE DEVELOPMENT
AND
THE CONSULATE OF MEXICO IN OMAHA, NEBRASKA

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA), Omaha Area Office, the United States Department of Labor’s Wage and Hour Division (WHD), Omaha Area Office, the Nebraska Workers’ Compensation Court (NWCC), Nebraska Workforce Development (NWD), and the Consulate of Mexico in Omaha, Nebraska (the Consulate), hereinafter referred to collectively as “the Parties”,

RECOGNIZING the joint commitment to workplace safety and health protections acknowledged in the Letter of Agreement between the Ministry of Foreign Affairs of the United Mexican States and OSHA concerning Workplace Safety and Health Protections Applicable to Mexican Workers in the United States, signed at Washington, D.C., the 21st of July of 2004; and

RECOGNIZING that OSHA’s Alliance Program provides for the establishment of cooperative relationships for purposes such as training and education, outreach and communication and promoting a national dialogue on workplace safety and health;

Intend to achieve the following:

 
ARTICLE 1
OBJECTIVE

The Parties intend, through this Arrangement, to establish a collaborative relationship to provide information, guidance, and access to training resources in an effort to help Mexican citizens working in Nebraska to protect their working conditions and labor rights, including their health and safety.
 
ARTICLE 2
AREAS OF COOPERATION

To achieve the objective of this Arrangement, the Parties intend to work together in the following areas of mutual interest:
  1. training and education;

  2. outreach and communication;

  3. promotion of a national dialogue, and

  4. any other area agreed to by the Parties.
 
ARTICLE 3
SPECIFIC COOPERATION PROJECTS
  1. Training and Education

    OSHA, Omaha Office, WHD, NWCC, NWD and the Consulate intend to work together to achieve the following training and education goals:

    • to develop training and education programs for Mexican Nationals regarding workers rights to proper minimum wage and overtime compensation, fall hazards, hazards related to construction, meat processing and migrant farming, and to communicate such information to employers and employees in these industries.

    • to deliver or arrange for the delivery of training concerning fall protection, personal protective equipment, ergonomics, minimum wage, overtime, and hazard recognition courses.
  2. Outreach and Communication

    OSHA, Omaha Office, WHD, NWCC, NWD, and the Consulate intend to work together to achieve the following outreach and communication goals:

    • to develop information on the recognition and prevention of workplace hazards, and to communicate such information (e.g., print and electronic media, including electronic tools and links to OSHA’s web site from the Consulate’s web site) to employers and employees in the construction, meat processing and migrant farm industries, in English and Spanish.

    • to speak, exhibit, or appear at conferences, local meetings, or other mutually agreed upon events, such as the Mobile Consulate meetings scheduled by the Consulate of Mexico in Omaha.

    • to share information on personnel issues and industry safety and health.

    • to communicate best practices and/or effective approaches.

    • to publicize results.

    • to make available developed materials, training programs, workshops, seminars, and lectures (or any other applicable forum).

    • to work with other participants on specific issues and projects in order to best provide safety and health, workers compensation, minimum wage, and overtime compensation information in English and Spanish.
  3. Promotion of a National Dialogue

    The Parties intend to work together to achieve the following goals related to promoting a national dialogue on workplace safety and health and proper wage compensation:

    • to raise awareness of and demonstrate commitment to workplace safety and health and workers’ rights whenever leaders from the Parties address groups.

    • to convene or participate in forums, round table discussions, or stakeholder meetings on issues affecting Mexican Nationals to help forge innovative solutions to issues concerning workplace safety and health and proper wage compensation.
 
ARTICLE 4
COMMUNICATIONS

In order to fulfill the objective of this Arrangement, the Consulate intends to attempt to act as a formal communication channel between Mexican citizens who work in Nebraska and the United States authorities, to report allegations of wage, hour violations, unsafe working conditions and request inspections.
 
ARTICLE 5
WORKING PROCEDURES AND MEETINGS

An implementation team made up of representatives from all organizations intends to meet to develop a plan of action, determine working procedures, and identify the roles and responsibilities of the participants. In addition, the Parties intend to meet at least four times per year to track and share information on activities and results in achieving the goals of the Alliance.
 
ARTICLE 6
FINAL PROVISIONS

This Arrangement is to remain in effect for two years from the date of signing.

This Arrangement may be modified in writing by mutual consent of the Parties, specifying the effective date of any modifications.

Any of the signatory Parties may, at any time, terminate this Arrangement by written notification to the others, with thirty (30) notice.

Signed at Omaha, NE., in quintuplicate on the 13th day of January of the year two thousand and six, in the Spanish and English languages, being all texts equally authentic.

 
 
FOR THE UNITED STATES DEPARTMENT OF LABOR’S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
OMAHA AREA OFFICE
  FOR THE CONSULATE OF MEXICO OMAHA, NEBRASKA:  


 
Ben Bare, CIH,
Area Director
 

 
Jose Luis Cuevas H.,
Consul of Mexico in Omaha
 


FOR THE UNITED STATES DEPARTMENT OF LABOR’S
WAGE AND HOUR DIVISION
OMAHA AREA OFFICE:
     


 
Richard J. Tesarek,
Assistant District Director
     


FOR THE NEBRASKA
WORKERS’ COMPENSATION COURT:
     


 
Glenn W. Morton,
Administrator
     


FOR NEBRASKA
WORKFORCE DEVELOPMENT:
     


 
Fernando Lecuona III,
Commissioner of Labor
     
 
 
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