The Occupational Safety and Health Administration (OSHA) agrees to a partnership with the Associated
General Contractors, Austin Chapter to enhance workplace safety and health through the strategy of
implementing written comprehensive safety and health programs. The overall goal will be to reduce
serious injuries and illnesses one percent per year and to reduce the occurrence of the four major
hazards in the categories of falls, electrocutions, struck-by and caught-between ten percent per
year. Measurements will be obtained from OSHA 300 logs and self inspections. Employers who are
willing to accept this program will receive OSHA assistance and annual on-site enforcement
inspections (in accordance with approved protocols) in lieu of programmed inspections.
Elements – 1989 Guidelines
The 1989 OSHA Guidelines (Safety and Health Management System, Issuance of Voluntary Guidelines,
1989, January 26) remain OSHA's primary example of a complete SHMS. While this partnership focuses
on specific safety and health elements, partners are encouraged to implement a comprehensive SHMS
based on these guidelines.
Selection criteria for participants:
Executive Commitment: Participants agree to submit a letter stating executive commitment to develop
and maintain a safety and health program for construction projects (and associated staff housing, if
applicable). The letter should be from the Chief Executive Officer (CEO) or equivalent. It should
make clear such a program is a priority for the CEO and that he (or she) will personally track
programs and hold managers accountable for administration of the program. The letter should be
addressed to the OSHA Regional Administrator and endorsed by each member company. A similar letter
should be addressed to managers and employees and posted for two months in the workplace. Such
letters must also be translated (in writing) in the language of the workers.
Commitment to develop a safety and health program: below are the elements of such a program:
1. Management Commitment and Employee Involvement
Member agrees to:
- State clearly a worksite policy on safe and healthful work and working conditions, so that all
personnel with responsibility at the site (and personnel at other locations with responsibility
for the site) fully understand the priority and importance of safety and health protection in the
organization.
- Establish and communicate a clear goal for the safety and health program and define objectives
for meeting that goal so that all members of the organization understand the results desired and
measures planned for achieving them.
- Provide visible top management involvement in implementing the program so that all employees
understand that management's commitment is serious.
- Arrange for and encourage employee involvement in the structure and operation of the program
and in decisions that affect their safety and health so that they will commit their insight and
energy to achieving the safety and health program's goal and objectives.
- Assign and communicate responsibility for all aspects of the program so that managers,
supervisors, and employees in all parts of the organization know what performance is expected of
them.
- Provide adequate authority and resources to responsible parties so that assigned
responsibilities can be met.
- Hold managers, supervisors, and employees accountable for meeting their responsibilities so
that essential tasks will be performed.
- Review program operations at least annually to evaluate their success in meeting the goals and
objectives so that deficiencies can be identified and the program and/or the objectives can be
revised when they do not meet the goal of effective safety and health protection.
2. Worksite Analysis
Member agrees to:
- Conduct periodic workplace inspections/audits for the purpose of identifying and correcting
safety and health hazards. Fall, electrical, struck by and caught between hazards will be
documented and corrected.
- Inspections/audits will be conducted as frequently as deemed necessary by the company, but in
no case less than once every month.
- The company may utilize the services of a consultant or contractor to perform these
inspections/audits in addition to or in lieu of their own inspection/audit.
- Analyze planned and new facilities, processes, materials, and equipment.
- Perform routine job hazards analyses.
- Provide a reliable system for employees to notify management personnel about conditions that
appear hazardous and to receive timely and appropriate responses and encourage employees to use
the system without fear of reprisal. This system utilizes employee insight and experience in
safety and health protection and allows employee concerns to be addressed.
- Investigate accidents and "near miss" incidents so that their causes and means of prevention
can be identified.
- Maintain records of recordable injuries and illnesses as required by OSHA.
- Analyze injury and illness trends to identify work practice improvements or material
modifications necessary to prevent accidents.
- The safety and health official will prepare an annual analysis of the company's safety and
health program. This will include a summary of all major hazards found and corrected through
inspection and safety committee efforts, those still uncorrected, injury/illness trends, and
recommendations for safety and health improvements.
- The analysis will be submitted to the CEO or equivalent.
3. Hazard Prevention and Control
Member agrees to:
- Establish, at the earliest time, safe work practices and procedures that are understood and
followed by all affected parties. Understanding and compliance are a result of training, positive
reinforcement, correction of unsafe performance, and if necessary, enforcement through a clearly
communicated disciplinary system.
- Provide personal protective equipment
- Maintain the facility and equipment to prevent equipment breakdowns.
- Plan and prepare for emergencies, and conduct training and emergency drills, as needed, to
ensure that proper responses to emergencies will be "second nature" for all persons involved.
- Establish a medical program that includes first aid onsite as well as nearby physician and
emergency medical care to reduce the risk of any injury or illness that occurs.
4. Safety and Health Training
Member agrees to:
- Train their workforce (in the language of the workers) in the details of their safety and
health program.
- Train workers on fall protection and prevention of electrocutions, caught-between and struck-by
accidents
- Train select personnel in basic first aid and CPR
- Train personnel in hazard communications.
- Make material safety data sheets (MSDSs) available to any requesting employee.
- Train workers in any other aspects that will enable them to do their jobs safely.
Cooperation with OSHA
Participants agree to allow OSHA to conduct annual on site enforcement inspections in accordance
with this partnership agreement. These inspections may result in citations and penalties being
issued to the company.
Participants agree to cooperate with OSHA during all inspections and to share information on its
safety and health program, program analysis, recordkeeping data, and internal inspection/audit
results.
Participants agree to allow an employee representative to participate on OSHA inspections and to
allow interviews with workers.
Participants will post notices of imminent danger, when issued by OSHA, and then will immediately
correct the hazards or voluntarily remove workers from exposure.
OSHA Commitment and Partnership Benefits
So long as the company is meeting the intent of the partnership, OSHA on site enforcement
verification inspections will be limited in scope to a review and evaluation of the safety and
health program, analysis of injuries, interviews of select employees to verify quality, and then a
focused inspection to verify compliance. The enforcement inspections will be conducted within 6
months of the partner member signing. Obvious hazards will be cited. During OSHA inspections of
non-participant contractors, any partner members present will not be included in the inspection
unless obvious hazards are present.
Partnership members will be eligible for an additional 10% penalty reduction if cited by OSHA. This
is in addition to the reductions described in the OSHA field inspection reference manual.
OSHA will endeavor to support the company in reasonable requested training.
OSHA will furnish technical advice, publications and training material to the employer upon request.
Such requests will not cause an OSHA inspection.
Informal complaints (unsigned) --- participant will have an opportunity to resolve such complaints;
however, if corrections are inadequate, an inspection may be made to compel compliance.
OSHA will arrange quarterly conference calls among all active participants in the partnership.
Limited Scope Inspections
OSHA will conduct unprogrammed inspections in accordance with the current Agency enforcement
policies and procedures, as specified in the Field Inspection Reference Manual CPL 2.103
Verification Type and Deletion from Programmed Inspection Lists
OSP verifications must be performed in accordance with the OSP Program Directive, CSP [03-02-002].
Benefits are based on the verification protocols, as follows:
a. Single Worksite: Following a comprehensive onsite enforcement
verification inspection, the site may be deleted from programmed inspection lists for up to one year.
b. Multiple Worksites: Upon entry into the Partnership, each construction
participant will advise the applicable Area Offices of the number and location of active sites covered
by the partnership (NOTE: This list is updated annually). Based on this list and the criteria detailed
in Attachment A of OSHA's Clarification of Verification and Exemption Policies for OSPP Construction
Participants (June 1, 2006), OSHA will determine the number of onsite enforcement inspections each
participant must undergo to gain a programmed inspection exemption for all of its worksites within the
Area Office's jurisdiction. OSHA will conduct a minimum of one onsite enforcement inspection each year
to offer an OSP partner a programmed inspection exemption for all partner worksites located within the
jurisdiction of the Area Office. The exemption will be valid for one year from the date of the last
enforcement inspection closing conference. The number of onsite enforcement verification inspections
should not be more than the number of programmed inspections, including programmed focused
inspections, the Area Director would otherwise expect that participant to receive within the
geographic scope of the partnership in a given year.
Partnership Limitations
It is stipulated that partnering employers remain subject to OSHA inspections and investigations in
accordance with established Agency procedures.
OSHA will conduct accident investigations.
OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints
that do not result in voluntary and adequate corrections by the employer.
Partnership Review:
Partnership agreement will be reviewed in the event of a fatality, catastrophic event, or poor
performance identified in an OSHA evaluation. The review will determine whether the agreement will
continue.
Partnership Evaluation:
The partnership will be evaluated by the OSHA Area office on an annual basis, in accordance with
established Agency procedures. OSHA may ask that the following information be provided by the
company during the on-site verification inspection, for review or collection by OSHA:
- OSHA 300 Log of Injuries and Illnesses
- Exposure assessment data for all hazardous chemicals to which employees may exposed
- Number of employee complaints, number of training sessions held, and number of employees and
supervisors/managers trained
- Number of and results of safety /health audits and inspections, which may include hazards
identified and corrected
- Documentation of employee involvement, including minutes of safety meeting
- Documentation of communication between management and employees (may include computer memos,
feedback on each suggestion, or other appropriate documentation)
- Consultation (OSHCON) visits received
- Participation in health or safety seminars (i.e. 10 and 30-Hour Construction Safety and Health
Courses, Safety and Health Fair, Trade Shows, etc)
Partnership Management:
Partner members will provide quarterly listings of job sites to OSHA Area Offices in their site
jurisdictions. The AGC Austin Chapter will be responsible for providing the required data to the
Compliance Assistance Specialist at the OSHA office which coordinates the agreement on a monthly
basis. Annual evaluations will be completed and submitted in a timely manner to OSHA Directorate of
Cooperative and State Programs (DCSP). Face-to-face meetings will be held quarterly.
Partnership Termination
This partnership will expire three years from the date of signing.
For non-signatory participants of the strategic partnership, OSHA may terminate the participant's
membership at any time with written notice. Additionally, the participant may withdraw from the
strategic partnership at any time with a written notice to OSHA.
OSHA will terminate the agreement for any sustained willful violation or any sustained
failure-to-abate situations.
OSHA will terminate the agreement for any major identified program discrepancy that is not improved
within a reasonable and agreed upon time frame.
OSHA will terminate the agreement in the event of proven and unresolved discrimination against
employees who exercise their protected safety and health rights under the OSH Act.
Signatures
Eric S. Harbin
Area Director |
Phil Thoden
President & CEO |
SAMPLE COMMITMENT LETTER
Date: Dear Mr. McDaniel
We have been working with Joann Natarajan of your Austin Area office on a proposed partnership, as a
preliminary step to applying for VPP. (Name of Company) would like to join the AGC Austin Chapter
partnership with OSHA We are committed to developing a comprehensive safety and health program that
will involve employees at all levels. It is our goal to include the employee in safety and health
inspections, and safety and health program analysis.
The AGC Austin Chapter partnership will focus our efforts on providing safety and health training to
our employees in the four areas where most accidents occur in the construction industry; falls,
struck by, caught in between and electrocutions hazards. To accomplish this goal, each of the
companies will hire a Safety and Health professional that will keep records of all injuries
occurring in the work place, conduct inspections of the work place and provide training to all
employees.
The AGC Austin Chapter partnership will cooperate with OSHA by allowing safety inspections on any of
our sites without delay.
Name
Title
SELF INSPECTION
Name of Project
Inspection Date(s): ____________________________
Total number of employee's on-site _______________
Accident Information:
Number of lost time cases __________
Number of restricted cases __________
Hazards identified and corrected:
Falls _____________
(floors, platforms, roofs)
Electrical _____________
(overhead power lines, power tools and cords, outlets, temporary wiring)
Struck By _____________
(falling objects and vehicles)
Caught-in/Between _____________
(cave-ins, unguarded machinery, equipment)
Other hazards _____________
Inspection Conducted by: ________________________________
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