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<<< Back to Region III Printing Instructions Strategic Partnership Between Occupational Safety and Health Administration Wilmington Area Office And Delaware Contractors Association, Inc. I. Purpose and Scope The United States Department of Labor Occupational Safety and Health Administration (OSHA) and the Delaware Contractors Association, Inc. (DCA) mutually recognize the importance of providing a safe and healthful working environment for the Nation's construction workforce. To advance our mutual goal, we strongly agree to develop a working relationship that fosters mutual trust and respect for each organization's respective construction safety process. We recognize and embrace the responsibilities inherent in those roles. We are committed to work as partners to achieve construction workplace safety through the following shared objectives. II. Identification of Partners The primary participants in this partnership are the Occupational Safety and Health Administration, Wilmington Area Office (OSHA), Wilmington, Delaware and the Delaware Contractor's Association, Inc. (DCA) III. Program Expectations This agreement between OSHA and DCA intends to accomplish the following: 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 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 regulations, including walk-around rights. IV. Goals To reduce by 4% annually the number of lost workdays, restricted workdays and transfers due to injuries, illnesses affecting participant employers with an emphasis on reducing injuries 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 training for management, supervisors and employees. To recognize those contractors with exemplary safety and health management systems and effective site specific safety and health plans. To enable the OSHA office to leverage agency resources. V. Strategies Meet the partnership's eligibility requirements to participate in either the Red, White or Blue Levels. Exceed the partnership's eligibility requirements to advance to the White or Blue Levels. VI. Performance Measures The success of the partnership will be measured by the following: The number of companies participating in the partnership at each of the established levels of participation. The number of participants that develop and implement effective safety and health systems as a result of participating in the partnership. The number of work sites audited by the DCA's Working Safety and Health Committee. The number of serious hazards identified and corrected during the audits conducted by DCA's Working Safety and Health Committee. The aggregate DART rate for all of the participant employers in the partnership. The DART rate will also be identified for the three different levels of participation (RED, WHITE, and BLUE). VII. Program Implementation Once this agreement is established between DCA and OSHA, the Executive Vice President will inform members who have successfully completed the application and are thus eligible for participation in the partnership. The Association will then follow the procedures in the agreement to inform the OSHA Area Director of the qualified contractors. Additionally, a representative from the OSHA Area Office will meet at least quarterly, in person or by telephone, with DCA's Working Safety and Health Committee to discuss the progress of the partnership. VIII. Eligibility Requirements for the Multi-Step Program: Red, White and Blue The program will be implemented in three levels: Red, White and Blue 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 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 is a self-audit evaluation checklist which will require the applicant to answer a series of questions related to their safety program. DCA's Working Safety and Health Committee will review the self- audit evaluation and will either approve or reject the applications. The Wilmington Area OSHA Office representative will serve in an advisory capacity to the Committee. The program has three award levels. Entry into either the Red, White or Blue level is based on the number of “yes” answers to all of the questions on the self-audit evaluation administered by DCA. In order to determine the contractor's level of eligibility, the contractor must provide DCA's Working Safety and Health Committee evidence of conformance with each requirement for each level. The top level, BLUE, will be open to those companies whose achievements in the area of work site safety are outstanding. Acceptance into the BLUE level will require additional validation of the efficacy of the company's safety and health program through a comprehensive, onsite qualifying inspection conducted on at least one active job site by DCA's Working Safety and Health Committee. The inspection conducted by DCA shall include both a review of the a qualifying company's safety and health program and site hazards. Contractors who are accepted into the program receive incentives from OSHA as listed in Section XI of this document. RED: Applicants seeking RED status must meet the following requirements: Develop and implement a written safety and health program that addresses those hazards that are the four leading causes of death on construction sites (falls, stuck-by, caught in/between and electrocutions). Conduct weekly employee safety meetings. Conduct and document self-audits. WHITE: Applicants seeking WHITE status must meet the following requirements: Implement a comprehensive written safety and health program based on the ANSI A10.38 – 1991 or OSHA's 1989 Safety and Health Program Management Guidelines. Assign at least one trained employee to administer the participant's safety and health program and conduct documented safety and health inspections of ongoing work. If this employee has received training equivalent to the Associated General Contractors Safety Management Course or its equivalent, the training shall be deemed satisfactory. It shall be acceptable to utilize the services of a professional safety consultant to assist in the implementation of on-site inspections and employee training. 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 work site(s). Conduct weekly employee safety meetings. Conduct and document self-audits. 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 accident investigations. Develop and maintain a Substance Abuse Program. Provide all field construction supervisory personnel with training equivalent to the Associated General Contractors Supervisor Safety Competency Training Course or the OSHA 10-Hour Construction course. Maintain a total case injury/illness incident rate that is 10% less than the most current Bureau of Labor Statistics national rate for the construction industry. BLUE: Applicants seeking BLUE status must meet the following requirements: Implement a comprehensive written safety and health program based on ANSI A10.38-1991 or OSHA's 1989 Safety and Health Program Management Guidelines. Ensure that written, site specific, safety and health plans are utilized by all contractors on their project. Applicant achieving BLUE status agrees to mentor contractors on its projects who have yet to attain the same level of recognition in the partnership. BLUE participant companies agree to maintain a copy of all specialty contractors' safety and health, hazard communication and fall protection plans, or the BLUE participant can require all specialty contractors to follow its programs. Assign a minimum of one employee who will administer the firm's safety and health program. This person must have attended the Associated General Contractors Safety Management Training Course or its equivalent in the previous three years. It shall be acceptable to utilize the services of professional safety consultants and safety educational programs to assist with employee training. Ensure designated safety personnel conduct documented safety and health inspections of all work on their projects. Personnel, through training and experience, must be able to recognize hazards and have the authority to take prompt corrective action. Training curriculum equivalent to the OSHA 30- Hour Construction Outreach Course will be deemed satisfactory. It shall be acceptable to utilize the services of professional safety consultants and safety educational programs to assist with employee training. 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 programs, such as self-audits, site inspections, job hazard analysis, safety and health program reviews, safety training and accident 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 program. Conduct and document self-audits. Implement a six foot fall protection policy. Maintain a total case injury/illness incident rate that is 10% less than the most current Bureau of Labor Statistics national rate for the construction industry. Receive a qualifying inspection of at least one representative job site by DCA's Working Safety and Health Committee or a designated representative. Have no willful violations in the last three years. Have no repeated serious violations in the last three years. Have no fatalities or catastrophes within the last three years that resulted in serious or willful citations related to the incident. Ensure that all safety and health programs as well as training are presented in a manner in which non-English speaking employees will understand and comprehend the program's content. IX. 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. X. Program Oversight DCA will be responsible for: Maintaining a list of qualified participants and the level that they have achieved. This listing will be provided to the Wilmington Area OSHA Office annually and will be updated as needed to account for any newly qualified applicants. Collecting from participants the data listed under Section VI, Performance Measures, and providing that information to the Wilmington Area OSHA Office. Administering the application process for companies that wish to participate. Auditing participants' worksites to ensure compliance with OSHA regulations and this partnership agreement. OSHA will be responsible for: Providing an OSHA representative to serve as a resource to DCA. Providing technical assistance and conducting OSHA verification inspections. Assisting in the data review and developing the annual partnership evaluation report. XI. Incentives RED Participants: OSHA will not issue citations for other than serious violations provided that the hazards are abated at the time of the inspection. WHITE Participants: OSHA will not issue citations for other than serious violations provided that the hazards are abated at the time of the inspection. Will be given special recognition from OSHA and DCA designating the contractor as a participant in the partnership. Will be given an additional 5% penalty reduction for good faith beyond the reductions provided in the Field Inspection Reference Manual (FIRM). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where the employer's total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply. BLUE Participants: After successful conclusion of the required OSHA verification inspections, OSHA will provide the following incentives: Will be given special recognition from OSHA and DCA designating the contractor as a participant in the partnership. BLUE participant job sites within the Wilmington Area Office jurisdiction will not receive another programmed inspection within the next twelve months. However, programmed special emphasis health inspections may be scheduled, such as but not limited to lead or silica. OSHA will not issue citations for other than serious violations provided that the hazards are abated at the time of the inspection. If cited by OSHA, BLUE participants will receive an additional 10% penalty reduction for good faith beyond the reductions provided in the Field Inspection Reference Manual (FIRM). This additional reduction will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases where the employer's total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM will apply. During an OSHA inspection, BLUE participants, whose program has been previously verified by an OSHA inspection, will not be included in the inspection unless the Compliance Officer documents a participant whose employees are exposed to or are creating plain view hazards at the worksite. XII. Verification and OSHA Inspections Blue Level participants with multiple job sites within the Wilmington Area Office jurisdiction will provide a complete listing of the participant's active work sites to the Area Office as needed. OSHA will use the listing to establish inspection tracking procedures. The inspection tracking procedures will ensure that the appropriate numbers of verification (onsite enforcement) inspections are being conducted in order to grant a programmed inspection exemption to the Blue participant's job sites within the Wilmington Area Office jurisdiction for the next twelve months. OSHA verification inspections will be carried out according to the policy defined in “Clarification of Verification and Exemption Policies for OSHA Strategic Program Construction Participants (June 1, 2006)”. As OSHA inspects multi-employer work sites, Red and White level participants will be observed to see if these participants are adequately protecting their employees with an emphasis on the top four causes of construction injuries: falls, struck-by, caught-in and electrocutions. OSHA personnel will continue to conduct investigations resulting from formal complaints, referrals, fatalities, catastrophes, other accidents and significant events. OSHA will also investigate contractors whose employees are exposed to or are creating plain view hazards. These investigations will be conducted outside of this partnership agreement in accordance with established OSHA enforcement policy. Violations documented during such investigations may result in the issuance of citations and penalties. OSHA will use telephone or fax to handle all other complaints except those cases involving serious injuries. When an inspection of a non formal complaint is deemed necessary, a copy of the complaint items will be provided to the participant's Safety Director or other designated representative at the time of inspection. XIII. Employee and Employer Rights This partnership does not preclude employees and / or employers from exercising any rights provided under the OSHA Act, nor does it abrogate any responsibility to comply with the Act. XIV. Partnership Evaluation It is the responsibility of DCA's Working Safety and Health Committee, or a designated representative, to gather required participant data to evaluate the overall success of the program. Aggregated data will be reported to the OSHA Wilmington Area Director. The partnership will be evaluated to determine whether the annual goals as listed in Section V of this agreement have been met. The evaluation will follow OSHA Directive Number CSP 03-02-002, Strategic Partnerships for Worker Safety and Health and effectively evaluate the site's success toward achievement of the established goals. Participant incidence of injuries from the hazards that are the four leading causes of death on construction sites (falls, struck-by, caught in/between and electrocutions) will be measured and compared against a baseline established in the first year of the partnership. The partnership criteria may be revised annually based on recommendations for continuous improvement. XV. Contractor Termination A contractor's participation will be terminated by DCA and OSHA will be notified if one or more of the following occurs: An inspection by DCA or OSHA reveals a significant deviation from program criteria. The contractor has falsified information on the application or supporting records. The contractor is issued an OSHA citation related to workplace hazards which resulted in a fatality. The contractor takes other such actions that may be determined to be grounds for termination by DCA's Working Safety and Health Committee. Prior to final termination of the 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 with a period of thirty (30) days. The contractor will have the right to appear before the DCA's Working Safety and Health Committee. DCA's Working Safety and Health 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 this event, OSHA may conduct another verification inspection. Any contractor may terminate participation in the program at any time. XVI. Terms of the Partnership The partnership will have an initial term of three (3) 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. XVII. Paperwork Reduction Act Paperwork Reduction Act Notice Form Approved OMB# 1218-0244 Expires 01-31-2009 Public reporting burden for the time needed to develop the Partnership requirements, craft agreement language, and conduct an internal review process is estimated to be an average of 11 burden hours per respondent.     Domenick M. Salvatore Area Director Wilmington OSHA Office   John McMahon Executive Vice-President Delaware Contractors Association, Inc.     Richard P. DiSabatino, Jr. Co-Chairman Safety, Health & Environmental Committee Delaware Contractors Association, Inc.     Leonard Brooks Jr. Co-Chairman Safety, Health & Environmental Committee Delaware Contractors Association, Inc.     Brian Phillips Co-Chairman Safety, Health & Environmental Committee Delaware Contractors Association, Inc.   OSHA Strategic Partnership Program Annual Partnership Evaluation Report Cover Sheet   Partnership Name     Purpose of Partnership   Goals of Partnership Goal Strategy Measure                               Anticipated Outcomes     Strategic Management Plan Target Areas (check one)   Construction   Manufacturing Amputations   Non-Construction     Strategic Management Plan Areas of Emphasis (check all applicable)   Amputations in Construction   Oil and Gas Field Services   Blast Furnaces and Basic Steel Products   Preserve Fruits and Vegetables   Blood Lead Levels   Public Warehousing and Storage   Concrete, Gypsum and Plaster Products   Ship/Boat Building and Repair   Ergo/Musculoskeletal   Silica-Related Disease   Landscaping/Horticultural Services       Section 1 General Partnership Information   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   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 2008           2009           2010           Total           Three-Year Rate (2008-20010)       BLS National Average for 2006       Baseline             Comments   *Sample Chart – not required format   Section 4 Partnership Plans, Benefits, and Recommendations   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) 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)

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