Agreed to this 6th day of May, 2004
________________________________
ABC
Toby Cummings
President & CEO |
________________________________
QUOIN
Raleigh Roussell
President & CEO
|
________________________________
Occupational Safety and Health Admin.
Region VI
John B. Miles Jr.
Regional Administrator
|
|
________________________________
Occupational Safety & Health Admin.
Dallas Area Office
Kathryn Delaney
Area Director |
________________________________
Occupational Safety & Health Admin.
Fort Worth Area Office
R. Dean Wingo
Area Director |
 |
 |
 |
2004
COOPERATIVE SAFETY PROGRAM
APPLICATION FORM
|
Directions: Please complete the
following questions by typing or printing legibly.
|
Company Name: __________________________________________________________________
Address: ________________________________________________________________________
Construction SIC Code: _____________________________________________________________
Company Safety Contact: ____________________________ Title: _________________________
Phone: __________________________________________ Fax: ____________________________
Trades Employed: __________________________________________________________________
Average Number of Employees: ______________ Average Number of Supervisors: _______________
SAFETY PERFORMANCE
|
1. List your company's Experience
Modification Rating (EMR) for the three (3) most recent years.
|
| Year: ____________________________ |
EMR:____________________________________________
|
| Year: ____________________________ |
EMR:____________________________________________
|
Year: ____________________________
|
EMR:____________________________________________
|
2. List your company's number of
injuries/illnesses from your OSHA 200/300 Logs for the three most recent years.
|
|
Year: _________________ |
Year: _________________ |
Year: _________________
|
Lost Work Days...............
Fatalities..........................
Restricted Work Days......
Medical Only Cases..........
Total Hours Worked.........
|
______________________
______________________
______________________
______________________
______________________ |
______________________
______________________
______________________
______________________
______________________ |
______________________
______________________
______________________
______________________
______________________ |
| 3. Does your company maintain a total case
injury/illness incidence rate that is 10% less than the most current Bureau of Labor Statistics
National Rate for it's SIC? __________ Yes __________ No If yes, what is
it?____________________ |
4. Please submit the following information:
- OSHA 200/300 logs for the most recent three (3) years and current year-to-date.
- Experience Modification Rating (EMR) verification letter from your insurance carrier.
- Complete company written safety program manual.
- Listing of projects to be active in the next 30 days.
I HEREBY CERTIFY THAT ALL INFORMATION IS ACCURATE
________________________________________
Person Completing Application Form (please print)
|
________________________________________
Signature |
________________________________________
Title (please print) |
________________________________________
Date
|
Phone Number: ____________________________
|
|
________________________________________
Corporate Officer of Company (please print)
|
________________________________________
Signature |
________________________________________
Title (please print)
|
________________________________________
Date |
| Phone Number: ____________________________ |
|
PLEASE SUBMIT COMPLETED APPLICATION AND ALL REQUIRED ITEMS OUTLINED IN THE
APPLICATION TO:
Quoin
11111 Stemmons Freeway
Dallas, Texas 75229 |
OR |
ABC North Texas
8440 Esters Blvd., Suite 120
Irving, Texas 75063 |
OFFICE USE ONLY
Safety Program submitted to & reviewed by safety association
representative:
_____________________________________
Association Representative (please print)
I have received and reviewed the Safety Program submitted by ____________________________ and it
meets or exceeds the requirements of the Program.
______________________________
Association Representative Signature
______________________________
Date |
______________________________
Agency |
|
|
|
|
|
2004
COOPERATIVE SAFETY PROGRAM
SELF EVALUATION FORM
|
| Eligibility: To determine if a
contractor can qualify as a partnership Program (CSP) participant, the applicant must provide the
Partnership Steering Committee with evidence of meeting each requirement below. |
| BSPP Requirements
|
YES
|
NO
|
- Contractor has implemented a comprehensive written safety and health program based on ANSI
A10.38-1991 or the OSHA 1989 Safety And Health Program Management Guidelines, and has site specific
safety plans for all of the contractor's worksites.
|
|
|
- Contractor maintains a copy of it's specialty contractor's safety and health plan, hazard
communication plan, and fall protection plan (where applicable) or contractor requires specialty
contractor to follow participant's plan.
|
|
|
- Contractor has a employee who administers the firm's safety and health program and conduct's
documented safety inspections. The employee has completed the OSHA 30-Hour Construction Course
Outreach or equivalent within the previous three years.
|
|
|
- Contractor has designated safety personnel at each site who conduct documented safety
inspections of all work on the contractor's projects and through training and experience, can
recognize hazards and have authority to take prompt corrective action. Training equivalent to the
Course is satisfactory.
|
|
|
- Contractor has trained all field supervisory personnel to the equivalent of at least OSHA 10Hr
construction safety course and has provided additional training for competent persons in such areas
as scaffolding, excavation, fall protection, crane operations, etc. (This additional training will
be predicted by the type and scope of the work the contractor routinely conducts.)
|
|
|
- Contractor provides a safety and health program orientation for all new employees and trains
employees for hazard recognition specific to the contractor's work sites.
|
|
|
- Contractor has evidence of employee involvement such as, but not limited to, participation in
self-audits, site inspections, job hazard analyses, safety and health program reviews, safety
training and mishap investigations.
|
|
|
- Contractor maintains a substance abuse program.
|
|
|
- Contractor conducts and documents weekly employee safety meetings.
|
|
|
- Contractor conducts and documents self-audits.
|
|
|
- Contractor has a six-foot fall protection policy.
|
|
|
- Contractor maintains a total case injury/illness incidence rate that is 10% less the most
current Bureau of Labor Statistics national Rate for it's SIC.
|
|
|
- Contractor has not had any willful violations in the last three years.
|
|
|
- Contractor has not had any repeated serious violations in the last 1 year.
|
|
|
- Contractor has not had any fatalities or catastrophes within the last three years that resulted
in citations related to the incident.
|
|
|
If the applicant has answered "no" to any of the questions listed above, then the
applicant may not be eligible to become a partnership participant. If the applicant has
answered "yes" to all of the questions, then the applicant is eligible to apply for the
Cooperative Agreement for one year. The Builder's Association & OSHA must complete an inspection
of at least on representative job site before the applicant is accepted into the program.
|
|
|
|
COOPERATIVE SAFETY PROGRAM
|
I. Program Summary/Overview - Statement of Purpose
II. Participants in Program and Their Commitment
III. Goals
IV. Incentives
V. Acceptance into Program
VI. Implementation
VII. Partnership Evaluation
VIII. Termination
IX. Term and Location of Partnership
I. Program Summary/Overview - Statement of Purpose
The Associated Builders and Contractors, Inc. (ABC) and its member companies; QUOIN, a chapter of
Associated General Contractors of America (AGC) and its member companies; and the Dallas and Fort
Worth Offices of the Occupational Safety and Health Administration of the United States Department
of Labor (OSHA), all mutually recognize the importance of ensuring a safe and healthful work
environment in the construction industry. To advance this mutual goal, this Cooperative Safety
Program (CSP) has been established to formalize a cooperative effort between these entities
committed to encouraging companies to voluntarily improve their safety and health performance,
providing methods to assist them in their efforts, and recognizing companies with exemplary safety
and health programs.
The cooperative effort will provide benefits to participating companies who voluntarily improve
their safety and health performance and demonstrate the implementation of an effective safety and
health program. Benefits will include special recognition from OSHA, i.e., priorities in compliance
assistance activities and inspection incentives such as focused inspections and applicable penalty
reduction factors.
The cooperative effort will be conducted within the jurisdictional areas of the OSHA Dallas/Fort
Worth Area Office. Participation is strictly voluntary and is available to any member company of the
two sponsoring organizations, ABC and AGC, which meets the qualification requirements of this
program.
The administration and funding of the CSP will be by the two sponsoring organizations.
Participating member companies retain all rights guaranteed under the Occupational Safety and Health
Act (OSH Act), including the right to appeal or contest citations issued by OSHA.
This agreement will not in any way affect employees' exercise of rights under the OSH Act and OSHA
regulations, including walk-around rights. As an integral part of an effective safety and health
program, the opportunity for employees to exercise their rights 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-200/300 log, and
medical exposure records will not be infringed. It is anticipated that routine employee involvement
in daily implementation of worksite safety and health programs will be assured, including employee
participation in employer self-audits, site inspections, job hazard analysis, safety and health
program reviews, and mishap investigations.
II. Participants in Program
The following are identified as participants in the Cooperative Safety Program:
- OSHA
The Dallas/Fort Worth area Occupational Safety and Health Administration of the United States
Department of Labor (OSHA) shall:
(1) Upon notification by either sponsoring organization, visit one of the nominated member company
sites within 30 calendar days to verify that the member company's program requirements are in place
and then proceed to a focused construction inspection. The inspection focus will address hazards
related to the four major causes of fatalities and serious injuries in Texas (falls, struck-by,
caught-in/between mishaps, and electrocution).
(2) Once the evaluation inspection is successfully completed, the member company will be placed on a
members list in participating OSHA area offices.
(3) Not issue citations for non-serious violations provided the violations are abated immediately or
within a reasonable time limit as agreed to by OSHA and the participating member company.
(4) If cited, give the maximum good faith and size penalty reduction available in current OSHA
policy.
(5) Give special recognition designating the member company as a participant in this program.
(6) As participating companies will receive monthly safety inspections by their sponsoring
organization, OSHA will conduct an evaluation inspection on an annual basis.
(7) After such verification inspections, OSHA will conduct un-programmed inspections as follows:
- If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed
in II.A. 1, or hazards covered by a Local or National Emphasis Program.
- If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 2.103
(Field Inspection Reference Manual).
- If OSHA receives a complaint Policies and Procedures (OSHA Instruction CPL 2.115). When the
phone and fax procedure is utilized, it will be the responsibility of the participating member
company to provide a copy of the complaint(s) to parent sponsoring organization within twenty-four
(24) hours of receipt.
(8) Notify safety personnel representing the parent sponsoring organization of the inspection and
the parent sponsoring organization's safety personnel can accompany OSHA personnel on the site visit
along with the project superintendent or other member company representative.
(9) Cite any apparent violations in accordance with OSHA interpretation as stated in the Guidance to
Compliance Officers for Focused Inspection in the Constructions Industry. If cited, OSHA will give
full consideration in evaluating maximum good faith in giving penalty reductions available in
current OSHA policy.
(10) Give priority status to member companies and their participating specialty or trade contractors
for compliance assistance and outreach activities.
- Sponsoring Organizations
- Associated Builders and Contractors, Inc. (ABC)
- QUOIN, a chapter of Associated General Contractors of America (AGC)
The above-noted sponsoring organizations shall:
(1) Evaluate applicant companies to ensure they meet the requirements to participate in the CSP.
(2) Perform periodic reviews of participating companies to ensure program requirements are
continuing to be met.
(3) Make random on-site verification of participant members.
(4) Recommend termination of CSP membership if findings indicate unacceptable performance or
submission or falsified documentation.
(5) Make random verification of the effectiveness of member companies' safety and health programs
verified through onsite inspection by OSHA. Any OSHA inspection of a member company can serve as a
verification inspection.
(6) Provide OSHA with a list of qualifying member companies and results of verification inspections
conducted by the sponsoring organization.
(7) Participate in the collection, review and transmitting of documentation to OSHA required of the
member company to qualify for participation in the CSP.
(8) Have safety personnel representing the parent sponsoring organization make a minimum of one site
program verification inspection each month to one of the projects being performed by each member
company.
(9) Offer regular sessions of behavior-based safety, safety ethics and safety coaching training in
addition to ongoing CSS Courses and OSHA 10 and 30 hour training sessions to make it easier
for member companies to adhere to terms of this program.
(10) Have safety personnel representing the sponsoring organizations model the best in "safety
coaching" practices when they are visiting project sites of member companies with an emphasis
on reinforcing positive safety practices and behaviors and less of an "enforcement"
posture.
(11) Offer new ways member companies can take preventative actions in identifying hazards before
something happens by helping them collect jobsite data to create baseline(s) for safety performance.
- Member Companies of Sponsoring Organizations
A member company of either of the sponsoring organizations that meets the qualifications laid out by
its parent sponsoring organization and in this agreement shall:
(1) Meet and continue to meet the requirements set forth by the parent sponsoring organizations to
qualify for this CSP in addition to the requirements set forth within the CSP itself.
(2) Set a positive example for desired safety behavior and establish goals and accountability for
safety excellence.
III. Goals
- Reduce by 3% annually the number of injuries, illnesses, and fatalities affecting participating
employers, with an emphasis on reducing injuries and fatalities resulting from falls, struck-by,
caught-in/between mishaps, and electrocution (focused four construction hazards).
- Increase the number of construction companies that implement effective safety programs.
- Decrease worker compensation costs and OSHA penalties for participating companies.
- Allow OSHA to focus resources on companies that require attention from OSHA, rather than
companies that have demonstrated existence of effective safety programs.
- Make safety and health resources available to all members of the participating organizations and
the construction industry.
- It is anticipated with minimal use of OSHA resources, this CSP will result in improved safety
and health programs, a higher level of employee safety and health training, and as a secondary
benefit, improved job site safety and health program commitments by other companies working with/for
the CSP participants.
- Foster open and continuing communication.
- Share knowledge of the best practices.
- Cooperation in contractor and compliance officer training. Participating members will establish
a training goal for each year of participation in the partnership.
IV. Incentives
Participants in good standing will receive the following incentives:
- Special recognition from OSHA and the member's parent sponsoring organization designating the
member company as a participant in the CSP.
- It will not be necessary to conduct programmed construction inspection for up to twelve months
after successful conclusion of an OSHA verification inspection, conducted per the current policy for
focused inspections in construction.
- After such verification inspections, a participant will not be subject to programmed OSHA
inspections except as follows:
(1) If OSHA receives a report of an imminent danger situation or observes exposure to hazards listed
in II.A. 1-4, or hazards covered by a Local or National Emphasis Program.
(2) If OSHA receives a report of a fatality or catastrophe as defined in OSHA Instruction CPL 2.103
(Field Inspection Reference Manual).
(3) If OSHA receives a complaint or referral, it will be handled according to OSHA's Complaint
Policies and Procedures (OSHA Instruction CPL 2.115). When the phone and fax procedure is utilized,
it will be the responsibility of the participating member company to provide a copy of the
complaint(s) to the parent sponsoring organization within twenty-four (24) hours of receipt.
(4) During programmed OSHA inspections of non-participant employers, member companies whose program
has previously been verified by OSHA will not be included in OSHA inspections of non-participant
employers unless the OSHA compliance officer observes that, as a result of a member company's
actions, employees are exposed to serious hazards (such as falls, crushed by, struck by and/or
electrocution hazards).
(5) Will not receive citations for other-than-serious violation(s) from OSHA, provided that the
violation is abated within the prescribed period of time.
(6) Will be eligible to receive the maximum reductions allowed for good faith, size and history for
penalties assessed for serious OSHA citations as outlined within OSHA Instruction CPL 2.103 (Field
Inspection Reference Manual).
(7) May be eligible to receive available incentives based upon safety improvements made as a result
of this program.
V. Acceptance into Program
- Be engaged in the construction industry and be a member of either the Associated Builders and
Contractors, Inc. (ABC) or QUOIN, a chapter of the Associated General Contractors of America (AGC).
- Meet the requirements of the parent sponsoring organization to participate in the CSP, the
minimum of which are outlined below.
- Submit to the parent sponsoring organization (ABC/QUOIN CHAPTER) a list of all active
construction projects within the jurisdiction of the Dallas and Fort Worth OSHA Area Offices on a
quarterly basis.
- Have a total case injury/illness incidence rate, for the previous year, that is 10% less than
the rate for it's SIC code, as published by the most current Bureau of Labor Statistics.
An Incidence rate of occupational injuries and illnesses can be calculated quickly and easily. The
formula requires:
(1) The number of nonfatal injuries and illnesses.
- Count the number of OSHA recordable cases for the year from the Log and Summary of Occupational
Injuries and Illnesses (Log) OSHA No. 200/300;
- or the TOTALS line for the yearly total on the Log for nonfatal injuries and illnesses with lost
workdays, and injuries and illnesses without lost workdays.
- The number of injuries and illnesses can also be obtained from the BLS Survey of Occupational
Injuries and Illnesses form, if your company was surveyed for the calendar year for which incidence
rates are desired.
(2) The number of hours all employees actually worked.
- Use payroll or other time records. "Hours worked" should not include any non-work
time, even though paid, such as vacation, sick leave, holidays, etc.
- If actual hours worked are not available for employees paid on commission, by salary, or by the
mile, etc., hours worked may be estimated on the basis of scheduled hours or 8 hours per workday.
An incidence rate of injuries and illnesses may be computed from the following formula:
(Number of injuries and illnesses X 200,00) / Employee hours worked = Incidence rate)
(The 200,000 hour in the formula represents the equivalent of 100 employees working 40 hours per
week, 50 weeks per year, and provides the standard base for the incidence rates.)
- If a member company of ABC the member company must have received and maintained a STEP
Evaluation Rating of either Platinum or Gold Level.
- Member companies shall submit a statement from their insurer that verifies the applicant's
self-evaluation score.
- Member companies shall have no construction-related fatalities or catastrophes in the last 3
years which resulted in OSHA citations.
- Have no Repeat OSHA citations for the previous year and no Willful citations for the past 3
years.
- Provide OSHA and the parent sponsoring organization the OSHA 200/300 Logs for the three previous
years plus the current year. This information will assist in measuring the impact on safety and
health during this agreement.
- Submit to the parent sponsoring organization, within 15 days after the end of each quarter, a
summary of the number of inspections made by the member company's Safety Director (or their
designee) and any third party. The report shall be broken down into the four major categories of
fatality hazards. The report shall show the number of items within the four categories that were
corrected.
- Have designated safety personnel to conduct documented safety inspections. Personnel will have a
minimum of one year's experience managing a construction safety and health program and have
sufficient training to be able to recognize existing and predictable hazards in the workplace.
Safety personnel shall have the authority to take prompt corrective action.
- Agree to permit a visit by an OSHA or parent sponsoring organization representative to any
construction site without requiring a warrant.
- Each member company and any participating specialty or trade contractors at each construction
site must agree to develop and implement a comprehensive safety and health program that adheres to,
or exceeds, both the OSHA Safety and Health Program Management Guidelines to include a mandatory six
foot (6') fall protection program for all trades. All trades onsite will work toward implementing a
"zero tolerance" safety practice in order to help achieve the desired reduction of
worksite incidents.
- The member company must make each of their construction projects available for monthly
inspections by safety personnel employed by/through their parent sponsoring organization.
(1) These monthly program verification inspections are independent from any other site inspections
and are not meant to replace the frequent and regular inspections of work areas required of each and
every employer by both OSHA standards and the Safety and Health Program Management Guidelines. Also,
these inspections are independent of the required weekly documented inspections.
(2) All hazards identified by these inspections shall be documented, dated, and communicated to all
applicable contractors via the member company, and resolved by documented corrective actions.
(3) At any time the designated representative performing the monthly verification inspection
concludes that the member company is apparently not fulfilling the agreed upon stipulations of the
agreement, the member company may be referred to the parent sponsoring organization. If the parent
sponsoring organization finds just cause for termination of the member company's participation in
the program, written notice shall be provided by the parent sponsoring organization to the
corresponding local OSHA Area Office.
- Member companies will have the following:
(1) A comprehensive written safety and health program, which will:
- Include Employee Involvement
- Include Effective Employee training for avoidance of hazards specific to the member company's
work site(s)
- Provided construction site supervisors with training equivalent to OSHA's 10-hour construction
safety course
- Have designated safety personnel who, through training and experience, are able to recognize
work hazards and have the authority to take prompt corrective action. Training curriculum equivalent
to the OSHA 30-hour course will be deemed to be satisfactory.
- Require comprehensive fall protection for all activities above 6 feet.
(2) A designated competent person at all workstie(s).
(3) Weekly documented safety training at all worksite(s).
VI. Implementation
All companies with a current membership with one of the sponsoring organizations noted herein
interested in participating in the CSP must submit an application to its parent sponsoring
organization for review and consideration for participation in the CSP.
Member companies that qualify and accept the established requirements of the CSP will be enrolled
for a period of twelve months. A member company must reapply thirty days prior to their annual
renewal date, providing the documentation needed by their parent sponsoring organization indicating
the member company still meets the current established criteria.
The application/approval process is roughly outlined in the following flowchart.
VII. Cooperative Safety Program Evaluation
- The partnership will be evaluated annually to determine whether the annual goal of a 3%
reduction in the number of injuries, illnesses and fatalities has been met. The sponsoring
organizations are responsible for collating baseline and annual performance data upon which the CSP
will be measured. This aggregated data will be reported to the Dallas/Fort Worth Area OSHA Office.
- Member company aggregate injury/illness incidence rates (total case rates) and fatality rates
will be compared with the most current BLS published data to determine whether goals have been met.
- If all signatory partners agree, member company criteria may be revised annually based on
recommendation for continuous improvement.
VIII. Termination
- Any of "the participants" to this Agreement may terminate participation by providing
thirty (30) days written notice to the other participants.
- If any of "the participants" to this Agreement are shown to not be participating in
"good faith" according to the commitments spelled out for each party to this Agreement.
- A member company's participation will be terminated by the parent sponsoring organization and
OSHA will be informed if one or more of the following occurs:
(1) An inspection by OSHA or the member company's sponsoring organization's representatives reveals
a significant deviation from program criteria (the member company will remain subject to OSHA
inspection).
(2) The member company has falsified information on the application or supporting documentation.
(3) The member company's total case injury/illness incidence rate rises above the established
criteria.
(4) The member company takes any other such actions that may be determined to be grounds for
termination by the parent sponsoring organization.
(5) A fatality or catastrophic event (defined as three or more employees admitted to the hospital
due to exposure to the same event) occurs at the site.
(6) Any member company requires a warrant of OSHA prior to commencement of an on-site program
verification or other inspection activity.
- Prior to the final termination of a member company's status, the following will occur:
(1) The member company will be notified in writing of the intent to terminate.
(2) The written notice will include an explanation of the reasons for termination.
(3) The member company will have an opportunity to reply to the written notice within thirty days;
and will have the right to make and appearance before the parent sponsoring organization and be
represented by counsel.
- The parent sponsoring organization has the authority to reinstate a member company if it
determines the member company's experience was unusual and not necessarily inconsistent with a sound
safety and health program.
- Any member company may terminate its participation in the program at any time by providing
thirty days written notification of intent to the parent sponsoring organization.
IX. Term and Location of Partnership
- The CSP will cover the Dallas/Fort Worth, Texas, area and will be for a period of three years.
At the end of the three years, the Dallas/Fort Worth Area OSHA Offices, and the sponsoring
organizations, will make a joint determination of whether or not to continue the partnership
program.
- Any participant to this CSP may withdraw from the agreement at any time after submitting written
notification of intent to the other participants by providing a thirty-day written notice to the
other member(s) of the program, and the CSP agreement will terminate. Any participant may also
propose modification or amendment to the program subject to concurrence by the other participants to
the agreement.
- The CSP pilot shall have an initial term of three years and may be renewed if all participants
concur.
|
Back to Top
