|
U.S. Department of Labor | |
||||
| Occupational Safety & Health Administration | ||||||
 |
| Mobile Workforce > Evaluation of the Voluntary Protection Program |
  Printing Instructions |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
Mobile Workforce Demonstration for Construction Evaluation of the Voluntary Protection Program |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Background The Occupational Safety and Health Administration (OSHA) has long recognized the value of cooperative efforts by employers, employees, and government agencies to reduce hazards and strengthen worker protection. The Voluntary Protection Programs (VPP), which recognize employers and employees who have established effective safety and health management systems, have been particularly successful. However, VPP was designed primarily for fixed worksites, and most businesses within the construction industry have not been able to participate. In recent years, OSHA has worked with leading construction trade associations, labor organizations, and employers to find ways to adapt the VPP model to the unique characteristics and challenges of the construction industry. In collaboration with labor and industry, OSHA designed and implemented the Short-Term Construction and Mobile Workforce VPP Star Demonstrations in 1998. The Short-Term Construction Demonstration looked at a general contractor’s ability to establish an effective safety and health program at the outset of a project, and the Mobile Workforce Demonstration aimed to test the feasibility of expanding VPP eligibility to employers whose employees routinely move from site to site with varying work tasks and hazard exposures. In 2002, OSHA’s Region V began piloting a modified Mobile Workforce VPP Star Demonstration within the Cincinnati Area Office. This pilot, which included both general and subcontractors, has been particularly successful. Participants’ injury and illness rates have dipped as much as 40% below industry averages. OSHA’s evaluations of the 10 participating employers have concluded that construction companies are able to implement effective safety and health management systems and provide protections equal to those found at fixed VPP sites. Introduction to the Demonstration Based on positive experiences with the Region V Mobile Workforce Demonstration and the other construction-related Demonstrations, OSHA is launching a nationwide VPP Mobile Workforce Demonstration for Construction. This Demonstration is intended to create greater opportunity for employers and employees in the construction industry to participate in VPP and, in so doing, to strengthen worker protections significantly. At the same time, it will give OSHA additional opportunities to explore and test appropriate modifications to VPP, alternative requirements that will help us bring the benefits of this program to the construction industry. OSHA believes this new Demonstration will work for both companies that typically function as controlling general contractors and companies that perform specialty trade functions, regardless of size. OSHA hopes you will respond to this opportunity to experience what employers and employees throughout the U.S. economy have experienced: significant decreases in fatalities, injuries, and illnesses; concomitant cost reductions including lowered workers’ compensation expenses; positive changes in company culture and attitudes toward safety and health; and other reported benefits of VPP participation. This Demonstration will not limit construction employers with long-term projects from pursuing site-based participation in accordance with established VPP policies. Construction industry participants in OSHA’s existing Short-Term and Mobile Workforce Demonstrations will be transitioned to this Demonstration. Eligibility This Demonstration welcomes applications from interested employers throughout the construction industry. All applicants must have been in operation in the construction industry for at least 3 years. They may display varied characteristics. For example:
Unique Aspects of the Demonstration Except as indicated below, all VPP requirements apply to this Demonstration. See Federal Register notice 65 FR 45649, July 24, 2000, as revised by 68 FR 68475, December 8, 2003. Unique aspects of the VPP Mobile Workforce Demonstration for Construction include: Oversight Jurisdiction: Applicants may apply at the company, division, or business unit level. Designated Geographic Area (DGA): OSHA, after consulting with an applicant and considering the applicant’s preference, will define the geographic area for participation. It must be under federal OSHA jurisdiction. A DGA cannot exceed an OSHA Regional boundary. Employers who wish to participate in multiple Regions should contact the OSHA National Office. (Note: Work performed within state-operated occupational safety and health programs is not covered by this Demonstration without a State Plan’s agreement to participate.) Injury and Illness Data: Applicants must provide combined rate information that reflects the nonfatal injury and illness experience of all employees over whom they have responsibility and authority for safety and health. This information must include subcontractor data. It is the applicant’s responsibility to maintain records of hours worked by subcontractors under its employ within the DGA plus any recordable injuries and illnesses these subcontractors may experience. (See Appendix B for details) Union Commitment: An applicant whose employees are represented by one or more unions will be responsible for obtaining either blanket support from the local construction building trades council or support from the individual unions that represent its employees. (See Appendix C for details) Participation Plan: Each applicant will develop a unique participation plan. This plan will address elements of its participation that differ in substance or emphasis from the traditional VPP requirements. OSHA is interested in learning about the safety and health practices an applicant has adopted that address the hazards and unique conditions of the applicant’s workforce and construction industry. This may include management leadership and employee involvement strategies that ensure employee protection, such as employees’ ability to leave the worksite if unsafe conditions exist; hazard analysis that uses historical sampling data for a baseline; emergency response policies and evacuation procedures appropriate to construction worksites; and other alternative approaches to safety and health. Applicant Prescreening: Each applicant must describe in writing and be prepared to demonstrate that systems and procedures are in place and effectively implemented to assure VPP-quality safety and health protection at all active worksites within the DGA. Two-phased evaluation of applicants: OSHA initially will conduct an onsite evaluation of the applicant’s corporate, division, or business unit policies and procedures. This evaluation will also include a review of the applicant’s safety and health management systems (SHMS), including systems for ensuring implementation of safety and health protection at all worksites within the DGA. It will include a document review and a careful assessment of the applicant’s management commitment to safety and health and to VPP. This evaluation also will include interviews with senior officials and employees. OSHA then will visit one or more construction worksites. These worksite evaluations will focus on verifying that the applicant’s safety and health management systems are actually working. Generally, the number of evaluations will not exceed the number of programmed inspections an applicant would have received had it not applied to the Demonstration. Where an employer does not appear on the F.W. Dodge Reports (used by OSHA in the selection of construction worksites for inspection) and does not have a history with OSHA, the number of evaluations will be at the discretion of the Regional Administrator. Industry Good Practices: VPP is a performance-based program that gives its participants latitude to address safety and health concerns in ways that are both effective and appropriate to their specific needs, culture, and industry. However, there are construction industry concerns which OSHA expects each applicant to address. These include, for example, fall hazards, trenching, industry-oriented training, subcontractor safety and health qualifications, and health issues such as substance abuse. OSHA expects that Demonstration participants will address such concerns to the extent that they affect employees’ safety and health, and will utilize industry good practices. This expectation is in line with the practices of VPP participants, who generally view OSHA standards as a minimum level of safety and health performance and set their own more stringent standards where necessary for effective employee protection. (See appendix D for details.) Approval and Reapproval Process Application Submittal: Applicants should submit their Demonstration Program application to the VPP Manager in the OSHA Regional Office with jurisdiction over their headquarters. Application guidelines can be obtained from the Regional Office or downloaded from OSHA’s website. (Note: Applicants with Federal jurisdiction worksites whose headquarters fall under State Plan jurisdiction should submit their application to the corresponding Regional VPP Manager.) Priority for OSHA Challenge Participants: OSHA may offer an expedited application review and approval process to Demonstration Program applicants who have participated in OSHA Challenge. OSHA Challenge is a cooperative program that specifically prepares companies to meet VPP requirements. Application Review: The Regional VPP Manager or VPP Coordinator will review the application and decide whether or not to accept it. If accepted,
Worksite evaluation visits: Whenever possible, the onsite evaluations that OSHA conducts will be unannounced. However, when OSHA needs to visit a site that an applicant does not control, the applicant must inform and gain written permission from the controlling employer (for example, the general contractor) for OSHA to enter. In those instances, OSHA will provide reasonable notice prior to its visit. OSHA will focus primarily on the applicant’s work at a site. However, the applicant must inform the controlling employer that any conditions (including those created by others) that OSHA views and deems a violation must be abated immediately or confirmed as abated according to an abatement plan approved by OSHA. In the VPP spirit of cooperation, OSHA will take no enforcement actions and issue no citations if the hazardous conditions are corrected immediately or with an approved plan. Only if correction does not occur will OSHA have the option to exercise normal enforcement procedures. Approval: The Regional Administrator will submit a recommendation to the Assistant Secretary that reflects the findings of the VPP onsite evaluation team. The Assistant Secretary will issue the approval decision. Removal from Programmed Inspections: Once an applicant is approved, all work performed within the DGA will be removed from OSHA’s programmed inspection list. Work will remain subject to unprogrammed inspections, such as complaints, fatalities, and catastrophes. Reevaluations: Subsequent to approval, OSHA will conduct one or more reevaluation visits of a participant’s worksites every 12 to 18 months for the duration of the Demonstration. Generally, the number of reevaluations will not exceed the number of programmed inspections an applicant would have received were it not participating in the Demonstration. Where an employer does not appear on the F.W. Dodge Reports (used by OSHA in the selection of construction worksites for inspection) and does not have a history with OSHA, the number of evaluations will be at the discretion of the Regional Administrator. OSHA will also reevaluate the participant’s corporate, division, or business unit SHMS policies and procedures every 5 years. Withdrawal/Termination from VPP: If a reevaluation does not meet the Demonstration requirements, the Regional Administrator will take one of the following actions:
Management/Union Change: If at any time a participant experiences a change in management, a change in union representation/status, or other similar changes that affect VPP participation, the participant must notify the OSHA Regional Administrator in writing. The Regional Administrator will determine what steps, if any, must be taken to reaffirm VPP participation. Where Can I Get More Information? Your Regional VPP Manager or VPP Coordinator will be happy to provide you with additional information about VPP and answer your questions. Additionally, there is a wealth of useful information on OSHA’s webpage, www.osha.gov. VPP information begins at: http://www.osha.gov/dcsp/vpp/index.html You also may direct your questions or comments to: OSHA - Office of Partnerships and Recognition 200 Constitution Ave NW, Room N3700 Washington, DC 20210 Voice (202) 693-2213 Fax (202) 693-1671
Application The application process for the VPP Mobile Workforce Demonstration for Construction is similar to that of a traditional site-based application. OSHA will make available detailed application instructions on its website and through its Regional VPP Managers and Coordinators. After an application is submitted to the Regional VPP Manager or Coordinator, the applicant and the Region must reach agreement on the Designated Geographic Area (DGA) to be covered by the application. OSHA will consider the applicant’s preference, but the decision is OSHA’s. Once the DGA has been established, the applicant will provide a list of active and anticipated sites within that area, so that OSHA may select and schedule an appropriate number of onsite evaluations. If the applicant anticipates a controlling employer’s resistance to OSHA’s entry at any sites, this should be noted on the list. To the extent appropriate, OSHA will focus on sites where there is no resistance to its entry. However, it is essential that OSHA have the opportunity to assess all primary aspects of an applicant’s work and any out-of-the-ordinary, hazardous projects. Participation Plan As part of the application, each applicant also must develop a written participation plan. This document details the unique aspects of the Demonstration for a particular company. It should address the alternative policies/systems/programs that distinguish the applicant from a traditional VPP participant but that ensure equally effective protection. OSHA will make available detailed guidance for the development of a participation plan on its website and through the Regional VPP Managers and Coordinators. Applicants are encouraged to work with their VPP Manager/Coordinator when developing a participation plan. Corporate Evaluation Once an applicant and OSHA have agreed to a DGA and a participation plan, and once OSHA has accepted the application package, the applicant will undergo a two-part evaluation. First, the OSHA onsite evaluation team will visit the applicant’s headquarters, that is, the corporate, division, or business unit office responsible for development and oversight of the safety and health management system (SHMS) within the DGA. The focus of this evaluation is to verify that the applicant has all of the policies and procedures in place to effect VPP Star quality safety and health at all locations within the DGA. This evaluation will also assess management’s commitment to the VPP principles and requirements as a means to achieve employee safety and health. Therefore, the OSHA onsite evaluation team must determine that oversight, leadership, and commitment are present at all sites and that policies and procedures are in place that will ensure uniformity across the DGA. In addition, OSHA will verify all information described in the application and participation plan. Elements of the evaluation will include:
Worksite Evaluation OSHA then will perform one or more worksite evaluations to determine if worksites are effectively implementing the safety and health policies and procedures established by the applicant. OSHA will determine the number of onsite evaluations as follows:
Reapproval Once OSHA approves an applicant, the Agency will evaluate additional worksites every 12 to 18 months for the duration of participation. OSHA will determine the number of worksites to evaluate using the Worksite Evaluation guidelines set forth above. However, the number of evaluations conducted may or may not be the same as conducted during the initial approval process. OSHA normally will select locations randomly from a list of active construction site locations that have given their written permission (if necessary) for OSHA to come onsite. Additionally, OSHA will return to the participant’s headquarters every 5 years to reevaluate the SHMS policies and procedures.
Total Case Incidence Rates (TCIR) and Days Away, Restricted, or Transfer (DART) Rates
OSHA expects to receive a three year combined rate from each applicant. However, if the applicant does not maintain rate information for their subcontractors they may still apply using the below phase-in policy:
Years 2002 and 2003 depict company employee (including temporary employees) data and TCIR and DART rates. For year 2004 ( highlighted) the company has reported combined hours, cases, and TCIR and DART rates that reflect a combination of company employees (including temporary employees) plus subcontractor employees. Rates Needed To Qualify for this VPP Demonstration
OSHA expects each applicant to determine whether the requirement for union support applies. Calculate the percentage of your employees (including temporary employees) and subcontractor employees who are represented by unions at the time of your application. Then use the chart below.
When, at the time of application, a majority of an applicant’s employees and subcontractor employees are represented by unions, the applicant must provide to OSHA written documentation of either union support for participation in the Demonstration or union non-opposition. Unions retain the right to withdraw support at any time. In such event, OSHA will reevaluate the participant’s continuing qualification. The percentage of employees represented by unions can change. Therefore, an approved participant must report to OSHA, as part of its annual evaluation, any change in this percentage that would have the effect of changing the participant’s union support requirement.
The complexity of a construction company’s SHMS usually will depend upon the size, the nature of the construction activities, and the general contractor’s or specialty trade contractor’s management role during planning and construction phases. However, successful VPP participants operating in the construction industry often utilize numerous industry good practices within their systems, such as the following: Make subcontractors and temporary employees an integral part of the SHMS: There are many ways to integrate specialty trade contractors and temporary employees into the SHMS. For example, some controlling employers review subcontractors’ or temporary employees’ safety and health policies, procedures, and protective measures, both generally and as they apply to hazardous or non-routine tasks. These controlling employers help their subcontractors improve their own SHMS. Contract agreements may also define responsibilities for safety and health inspections, hazard identification, correction of hazards, incident reporting, and tracking methods to ensure follow-up on corrective actions. In these and other ways, VPP participants ensure that subcontractors and temporary employees are protected from hazards to the same degree as the participants’ own employees. OSHA 10-hour (or equivalent) training for all employees including subcontractor employees: Due to the nature of the construction industry, that is, short-term projects, mobile workforces, changing environments, etc., many successful construction employers require, at a minimum, OSHA 10-hour or equivalent training for all personnel on the site, including subcontractors. This training heightens hazard awareness and helps to ensure that all employees, including those of subcontractors, have the information they need to recognize and avoid unsafe conditions. OSHA 30-hour (or equivalent) training for supervisors: Supervisors normally are responsible for overseeing a particular operation on a construction project. They organize, direct, and control construction processes to assure, among other things, on-time completion of a quality end product. The supervisor’s ability to recognize and control hazards at construction sites is not only considered an integral part of a safety and health management system; it also is an essential part of all construction-related tasks performed. Accident prevention makes good business sense when viewed as a way to prevent and control hazards that could lead to personal injuries, property damage, or construction delays. Requiring supervisors, including those of subcontractors, to have OSHA 30-hour or equivalent training prior to commencing work will help ensure that basic hazard identification and the prevention, correction, or control of hazards will be consistent throughout the various phases of the project. 100% fall protection at 6 feet for all trades/employees: Falls account for approximately 33% of fatalities in the construction industry. Therefore, applicants must have an aggressive and effective fall protection program. One suggested way to accomplish this is to implement a 100% fall protection program that requires all trades to have effective means for fall protection when working at elevations of 6 feet or more above a working surface. Prequalification for all subcontractors: Prequalifying subcontractors is one way that some general contractors ensure consistency in protecting all employees on the job. These general contractors review potential subcontractors’ past safety and health performance prior to adding them to a qualified bidders list. Reviews normally focus on safety and health policies, procedures, and protective measures used, both generally and when performing hazardous or non routine tasks. Some general contractors require their subcontractors to have injury/illness rates below the Bureau of Labor Statistics industry averages and/or experience modification rates (EMR) at or below 1. Drug testing/screening policy: A drug- and alcohol-free workplace prevents injuries and illnesses, absenteeism, turnover, and a myriad of behavioral problems. One suggested way to begin to address these problems is to develop a drug testing and screening policy based on successful program models. Such models can be found at a number of internet websites, including the Department of Labor’s Working Partners for an Alcohol and Drug Free Worksite. Required daily meetings/employee safety briefings devoted to planning and safety awareness: Many successful employers regularly conduct tool box safety meetings. The more involved employees get in the process, the better understanding they will have of the "big picture," including their safety and health roles and responsibilities. This method works for quality control, and it will work for safety and health. Motor Vehicle Safety Program: Recognizing the opportunity that construction companies have to save lives and prevent injuries, a growing number of safety-minded contractors have established traffic safety programs for their employees and subcontractors. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 Back to Top
 www.osha.gov
|
www.dol.gov | |
|
Contact Us | Freedom of Information Act | Customer Survey Privacy and Security Statement | Disclaimers |
||
| Occupational Safety & Health Administration 200 Constitution Avenue, NW Washington, DC 20210 |
Page last updated: 03/15/2007 | |
