The Occupational Safety and Health Administration (OSHA) agrees to a partnership
with Associated General Contractor Houston Chapter (AGC-HC) to enhance workplace
safety and health through the strategy of implementing fully written safety and
health programs. The overall goal will be to reduce serious injuries and
illnesses (using as a minimum 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 through self audits and prompt corrective actions.
Measurements will be obtained from OSHA 300 logs and self inspections.
Selection criteria for participants:
- Executive Commitment: Participants agree to submit a letter of commitment to OSHA through the AGC Partnership Committee stating executive commitment to
develop and maintain a safety and health program for construction projects. The
letter should be addressed to the OSHA Regional Administrator and endorsed by
Chief Executive Officer (CEO) or equivalent. A similar letter should be
addressed to managers and employees.
- Commitment to a Formal Safety and Health Program. Only subcontractors with an
established, effective, and written safety and health programs meeting or
exceeding the OSHA Guidelines for Safety and Health Programs published in 1989
are eligible for this program. Such written programs will effectively address:
- Employee Involvement
- Meaningful input and involvement from employees meeting or exceeding the OSHA
Guidelines for Safety and Health programs published in 1989.
- Periodic Safety and Health Inspections/Audits
- Training and Education
- Employee training for avoidance of hazards specific to construction and the
subcontractors work site(s).
- Providing construction site supervisors with safety training.
- Have policies in place that requires their sub-contractors to adhere to
company safety policy including designated competent persons when required by an OSHA standard.
- Employment of a Safety and Health Professional
- The company safety and health representative must have at a minimum one year
of experience in managing an effective construction safety and health program
and have had appropriate training in identifying construction hazards and
methods to correct identified hazards in order to be a partnering company. The
safety and health representative will have the authority to affect safety and
health corrections and to shut down operations that pose an imminent danger
risk.
- Annual Evaluation of the Safety Program. The safety and health representative
will prepare an annual review of the company’s safety and health program which
will include hazards found and corrected, injury and illness trends, and
recommendations for improvements. The review will be submitted to, or discussed
with, the CEO or equivalent
- Minimum Partnership Benchmarks. Only companies meeting these criteria are
eligible to apply for the Exemplary Associates partnership:
- TCIR and DART rates at least 15% below the most current rates published by the
Bureau of Labor Statistics (BLS) for their industry
- A three year average Experience Modification Rate (EMR) of .85 or less as
shown on a NCCI Form issued by the company’s workers compensation carrier
- Have had no willful violations in the previous three years
- Successful completion of a site safety audit conducted by the AGC safety
representative and recommendation by the AGC Partnership Committee
- Successful completion of a one year term in the Texas AGC/Region VI state-wide
partnership.
- Cooperation with OSHA. Applicants and participants agree to allow OSHA to
conduct annual verification 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, and
recordkeeping data, and any 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 will immediately correct the hazards or
voluntarily remove workers from exposure.
All participating subcontractors will be evaluated within (1) one month of
receipt of their application for this program by OSHA. Once the evaluation
inspection is successfully completed, the participating subcontractor will be
placed on a secondary inspection list in each Houston OSHA Area Office
jurisdiction. Inspections will be Focus Construction Inspections to verify the
partnering subcontractor’s performance under the agreement. Should the
subcontractor fail the evaluation inspection and/or have a fatality or
catastrophe at any jobsite during the term of the partnering agreement, the
subcontractor may upon review be removed from this program. The subcontractor
will still be subject to inspection(s) in cases of catastrophe(s), fatalities,
or formal complaints and local and National initiative inspections (i.e. fall
protection, silica, etc.)
- The partnering subcontractor may cancel this Agreement upon written
notification. When a Safety / Health Representative or Safety / Health Committee
is specifically required by a collective bargaining agreement between union(s)
and the partnering subcontractor, the authorized Employee / Labor / Management
Safety / Health Representative(s) may petition OSHA for cancellation of this
Agreement.
- Upon completion of an inspection where OSHA determines that a subcontractor
does not meet the requirements of this partnership, The Area Director will
contact the Associated General Contractors, of America, Inc. – Houston Chapter
Safety Director to discuss the inspection. Unless the parties are able to agree
upon a satisfactory arrangement to insure that the participant member will meet
the requirements of this partnership, an employer’s participation will be
terminated and OSHA will be informed if one or more of the following occurs:
- An inspection reveals a significant deviation from program criteria;
- The employer has falsified information on the application or supporting
records;
- The employer’s injury/illness rate becomes less than 15% below the BLS
average and/or the employer’s three year average EMR becomes greater than .85.
- The employer takes other such actions that may be determined to be grounds
for termination by the AGC Partnership Task Force and OSHA;
- Prior to final termination of an employer’s status, the following will occur:
- The employer will be notified in writing of the intent to terminate;
- The notice will include an explanation of the reasons for termination;
- The employer will have an opportunity to reply to the written notice within a
period of thirty (30) days; and
- The employer will have the right to make an appearance before the AGC-HC and
OSHA Area Offices.
- Employer takes other such actions that may be determined to be grounds for
termination by the AGC-Houston Chapter.
- OSHA and AGC jointly will have the authority to reinstate the employer if
determined that the employer'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 party may terminate participation in this agreement by providing thirty
(30) days written notice to the other parties.
OSHA Commitment and Partnership Benefits. So long as the company is meeting the
intent of the partnership, OSHA 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, and then a focused inspection to
verify compliance during the first partnership verification and alternating
years afterwards. Interim year site verification inspections will consist of a
safety and health program review which includes a review of the OSHA 300A Log
and training programs. Obvious serious hazards identified during verification
inspections will be cited. Successful completion of the annual verification
inspection will remove the partnering company from the primary programmed
inspection list for a period of one year. OSHA will limit the scope of accident
and complaint investigations to information relevant to the accident or
complaint (including records) and will not expand the inspection to other areas
unless obvious serious hazards are observed.
OSHA will endeavor to support the company with reasonable requested training,
technical advice, publications and training material to the employer upon
request. Such requests will not cause an OSHA inspection.
Participants will have an opportunity to resolve informal (unsigned) complaints;
however, if corrections are inadequate, an inspection may be made to compel
compliance. OSHA and the AGC partners will meet periodically to discuss
partnership issues.
If cited by OSHA, Exemplary participants in good standing will be eligible for
the maximum good faith, size and history penalty reductions currently available
in the OSHA FIRM (CPL 2.103 Field Inspection Reference Manual).
During OSHA inspections of non-participant General Contractors, Partnership
participants whose program has been previously verified by an OSHA inspection
will not be included in the inspection unless the compliance officer documents
that the participant is responsible for employee exposure to serious hazards
related to falls, struck-by, caught-between, or electrocution.
Participants will receive recognition through press release and/or other
publications.
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 and investigations of formal (signed) complaints
and informal (unsigned) complaints that do not result in voluntary and adequate
corrections by the employer.
This partnership does not preclude employees and/or employees from exercising
any right provided under the OSHA Act nor does it abrogate any responsibility to
comply with the Act. Employees will not be discriminated against as a result of
participation in the safety and health program, submitting complaints, or
exercising their rights under the OSH Act.
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. Each
partnering company will submit to the AGC Safety representative the numbers of
self inspections and the number of falls, struck-by, caught-between, and
electrical hazards identified and corrected, a list of the partnering company’s
current active job sites, and OSHA 300A Log summary by January 31st each year.
The information will then be forwarded to the designated OSHA Compliance
Assistance Specialist for evaluation.
Partnership Management: Individual partners will be responsible for providing
the required data to the AGC Safety Representative for review by the AGC
Partnership Committee. Once an application is reviewed and approved, an on-site
audit will be conducted by the AGC safety representative. Upon successful
completion of the on-site inspection and the recommendation of the AGC
Partnership Committee, the application package will be forwarded to the OSHA
Compliance Assistance Specialist assigned to the partnership. Annual evaluations
will be completed and submitted in a timely manner to the Directorate of
Cooperative and State Programs (DCSP) by the OSHA Compliance Assistance
Specialist. Meetings will be held on a regular basis and face-to-face meetings
will be held annually as resources permit.
All individual subcontractor partnerships will extend from October 1st of the
qualifying year. Partners entering the partnership at other times of the year
will be rolled into the recurring cycle. Individual partnerships will last for a
period of two years.
Partners will maintain a copy of their current partnership agreement at their
job sites within the geographical area of the partnership.
Partnering companies in the AGC Exemplary Associates Partnership are eligible
for participation in the AGC State-Wide partnership. In lieu of a state-wide AGC
partnership agreement the Designated Geographical Area (DGA) of the Exemplary
Associates partnership is the State of Texas.
Partnership Termination
This partnership will expire five years from the date of signing.
The AGC Exemplary consists only of signatory participants. Partnering companies
will have individual partnership agreements under the AGC Exemplary Partnership
and will remain in effect through the term of the AGC Exemplary 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.
Any partnering company having a fatality or catastrophe during the term of the
partnership will be re-evaluated for continued membership in the partnership by
the AGC Partnership Committee in consultation with OSHA. A partner removed or
disqualified from the Exemplary Partnership must wait a minimum of one year
before re-applying and begin the process in the same manner as a new applicant
to the partnership.
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.
Prior to termination of a partnering company, the following will occur:
- The employer will be notified in writing of the intent to terminate;
- The notice will include an explanation of the reasons for termination;
- The employer will have an opportunity to reply to the written notice within a
period of thirty (30) days; and
- The employer will have the right to make an appearance before the AGC-HC and
OSHA Area Offices.
- Employer takes other such actions that may be determined to be grounds for
termination by the AGC-Houston Chapter.
OSHA and AGC jointly will have the authority to reinstate the employer if
determined that the employer'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 party may terminate participation in this agreement by providing thirty (30)
days written notice to the other parties.
Associated General Contractors of America – Houston Chapter
United States Department of Labor
Occupational Safety and Health Administration
Safety and Health Associated General Contractor (AGC) Exemplary Partnership
The Associated General Contractors of America, Houston Chapter, and the
Occupational Safety and Health Administration agree to enter into a Safety and
Health Partnership to increase Occupational Safety and Health Awareness and to
reduce injuries and illness at Associate Contractor Sites located in and around
Houston, Texas. This Partnership will include Associated General Contractors of
America, Houston Chapter Associate Contractor Members at the partnering job
sites and the Occupational Safety and Health Administration, Houston North Area
Office and Houston South Area Office.
Signed this Fifteenth Day of February, Two Thousand and Eight in Houston, Texas.
Joe Reina
Deputy Regional Administrator, Region VI
Occupational Safety and Health Administration
|
Jerry Nevlud
President/CEO
Associated General Contractors of America – Houston Chapter
|
John Lawson
Area Director, Houston North
Occupational Safety and Health Administration
|
Douglas Watson
Office Director of Safety
Associated General Contractors of America – Houston Chapter |
Mark Briggs
Area Director, Houston South Office
Occupational Safety and Health Administration
|
|
US Department of Labor
|
 |
 |
|
Back to Top
Printing Instructions