OSHA Strategic Partnerships Program: Region 10: #152 Partnership Agreement

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OSHA Strategic Partnerships Program > Region 10 > #152 Partnership Agreement

Printing Instructions

U.S. DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

REGION X

Seattle, Washington

SEATTLE REGIONAL INSTRUCTION TED 8.1
November 18, 1999
Office of Federal and State Operations

SUBJECT: Idaho Industrial Timberland Owner/manager Logging Partnership Project.

Purpose: This instruction provides the background and procedures to establish a strategic partnership between the Occupational Safety and Health Administration and Idaho Industrial Timberland Owners, Managers and their Contract Loggers. The goal of this partnership is to improve worker safety and health in the logging industry.
Scope: This instruction applies to logging operations in the State of Idaho.
Definition: Industrial timberland owner/manager (hereafter referred to as "timberland owner") is any entity that owns or manages timberlands for commercial harvest, and conducts harvest activities through contracted services of logging companies.
References:
1. OSHA Instruction CPL 2.102, March 28, 1994, Procedures for Experimental Programs.
2. OSHA Instruction TED 8-0.2, November 13, 1998, OSHA Strategic Partnerships for Worker Safety and Health.
3. Seattle Regional Instruction CPL 2.8, Local Emphasis Program (LEP) for Logging.
Action: The Boise Area Office will carry out the project following the procedures described in this instruction.
Background:

The logging industry has long been known as one of the most dangerous occupations in America. In the last decade, some improvement in logging safety has been realized. Logging employers that practice safety and health management experience notable improvements in safety performance. Much of the improvement is credited to the progressive actions of some industrial timberland owners that have created policies and processes to improve logging safety among their contract logging workforce. Even with improvements, the logging industry in Idaho still suffers a high rate of injury and death. In 1997 alone, 5 loggers were accidentally killed.

It has been very difficult and time consuming to target and find logging employers for compliance inspections. The geographic range of work site locations covers a vast area of the state, and logging employers are usually located at a specific work site for a relatively short duration. It is noted that some major timberland owners require contract loggers to adopt safety and health regulations that meet or exceed requirements. OSHA realizes the value in encouraging this approach.
Goals and Objectives:

This project promotes partnerships between OSHA and timberland owners and their logging contractors. To enter into a partnership, the contractors must agree to adhere to progressive requirements for managing site safety and health. Timberland owners must provide contractor oversight to ensure the contractors effectively manage site safety and health. The effective management of safety and health hazards on the logging sites will be determined by OSHA prior to establishing the partnership. OSHA will verify that partnership requirements are met and program goals are being attained by reviewing evidence of regular and effective safety audits and inspections, accident investigations and injury/illness data. The project goals are:
1. To reduce logging injuries and illnesses in Idaho through development of effective partnerships with qualifying timberland owners.
2. To improve employer safety and health programs.
3. To better utilize Boise Area Office resources by using a partnership tool to reduce the need for on-site visits while achieving a higher level of worker safety and health.
4. To provide maximum leverage of inspection resources by promoting more active employer action and responsibility in safety and health management.
5. To promote a cooperative relationship among timberland owners, logging contractors and OSHA.
Inspection Scheduling/Targeting Strategy:
1. The selection of logging sites for scheduled comprehensive inspections will be conducted in accordance with Seattle Regional Instruction CPL 2.8, March 1999, Local Experimental Program for Scheduling logging operations.
2. Logging contractors working on sites managed by timberland owners who have entered into a partnership agreement with OSHA will be inspected less frequently. This will be accomplished by deleting the first four logging operations covered by this agreement from inspection lists. After four contractors have been deleted from inspection lists, the fifth contractor will receive a focused inspection.
3. A focused inspection is a limited review of the employer's safety and health management program. The review will include an evaluation of the contractors ability to control the following hazards:
  1. Control of danger trees.
  2. Use of personal protective equipment.
  3. Worker spacing.
  4. Felling practices.
  5. Seat belt use in equipment.
  6. Yarding practices
  7. Energy control procedures
  If this limited review determines that the safety and health management program is effective, the inspection will be concluded. If the employer's safety and health management program does not appear to be effective, the inspection shall be expanded to a comprehensive inspection.
4. Unprogrammed inspections conducted in response to complaints, referrals, accidents, and fatalities shall be conducted in accordance with established Agency procedures. The scope of the inspection on a logging operation covered under this partnership will include the issue initiating the inspection, and a focused inspection as described in H.3.
Requirements for Partnership:

A partnership is a written agreement under which the timberland owner makes a commitment to ensure all logging companies contracted by that timberland owner create and maintain effective, comprehensive, written safety and health programs. The timberland owner must conduct regular site inspections and audits to ensure safety and health requirements are being followed at the site. In return, the Area Office will provide safety and health program advice and support and will conduct less frequent inspections as described in paragraph H. of this directive. The requirements for a timberland owner to qualify for the partnership agreement are:
1. The timberland owner must have a written policy that addresses contractor safety, to include requirements for assurance of compliance, safety training, site inspections, accident investigation, safety meetings, and other requirements of the Occupational Safety and Health Act of 1970. The policy will be reviewed by the Boise Area Office staff before the partnership is approved. The evaluation of this program will be in accordance with the guidelines in OSHA Instructions, as well as the guidelines listed below. Appendix A of this instruction is provided to assist the CSHO in the evaluation of candidates for partnerships.
2. Employees will be trained in hazard recognition specific to the logging industry, OSHA and other logging safety standards, timberland owner safety and health policies, and their rights and responsibilities under the OSH Act of 1970. The guidance for this training will be the OSH Act, OSHA regulations, other industry safety and health standards, and timberland owner policies and procedures. The goal of this training is that employers and employees will understand safety and health regulations and safe work practices, and will work together to reduce or eliminate workplace hazards. Timberland owners are encouraged to involve contract logging employers in identification and correction of safety and health concerns.
3. Timberland owners will perform and document comprehensive safety and health audits of each contract logging employer. Comprehensive audits will address all aspects of the logging contractors safety and health management program. The initial comprehensive audit will be conducted during the first 30 days on the job. Additional audits will be conducted on a periodic basis to monitor the continued effectiveness of the contractors program. The frequency of the audits will be determined by the timberland owner. Bi-annual audits are considered adequate. In addition to the comprehensive audits, frequent site inspections will be conducted and documented. These inspections will address at a minimum the following: felling practices, danger trees, seat belt use, personal protective equipment, emergency preparedness, line anchors, counterbalance clearance and worker spacing. Other high hazard areas will be included when appropriate. Site inspections should be conducted at least quarterly.
  
  Timberland owners will also be alert for potential hazards during all visits to logging sites. All hazards observed must corrected according to established policies as discussed in paragraph I.5.
4. Timberland owners will establish an effective policy for dealing with non-complying contractors. Hazards will be documented, including time, dates, employer name and representative, what action was taken to gain compliance. The timberland owner must ensure that hazards with a high probability of causing serious injury are immediately corrected and actions are taken to ensure the condition does not recur.
5. Partnership timberland owners agree to promote employee involvement by requesting that logging contractors encourage employee participation during safety meetings, and site inspections.
6. The partner shipped timberland owners will provide the following on or before February 15 each year to evaluate if they qualify to continue as a partner with OSHA:
  1. Information on logging accident investigations conducted by contractors during the previous year.
  2. OSHA 200 accident logs from those contractors that are required to maintain such records. These employers must also provide employee work hours for the year.
  3. Verification of safety audits. Verification would include the number of violations found by the timberland owner and how many employees were removed from the hazard.
  4. Worker Compensation rating information for all contractors working for timberland owners during the year. This information may be presented in summary form without identifying each contractor.
7. Timberland owners who partnership with OSHA may promote the agreement and status as a partner shipped entity.
  
  Note: Nothing in the above requirements for partnership will exempt the timberland owner from meeting their obligation to control the site and to promptly remove employees at the site from serious safety and health hazards. Additionally, the partnership agreement does not remove from the logging contractor the primary responsibility to maintain a safe and healthful workplace.
Outreach:

The Boise Area Office will carry out various outreach activities to introduce this project and to promote comprehensive employer safety and health programs through cooperative partnerships with timberland owners. Efforts will be made to contact all major timberland owners. These activities may include:
1. Information and training sessions sponsored by the Boise Area Office and/or partner shipped entities. These sessions will target interested timberland owners and logging contractors. The purpose of these sessions will be to discuss program specifications, obligations of OSHA, partner shipped entities and logging contractors, partnership as a choice, benefits of a comprehensive workplace safety and health program, and OSHA regulatory requirements.
2. Enlisting the support and help of various organizations to promote awareness of the project.
3. Compiling an inventory of resources for use in the development of safety and health programs for project participants.
4. Providing safety and health resources at the Boise Area Office level to assist employers in the development of effective safety and health programs.
5. Seeking support of timberland owners known to have successful policies in contract logger safety and health.
Partnership Agreements:

Appendix B provides a sample copy of the signed agreement between OSHA and the timberland owner. Either party can cancel partnership agreements by written notice. Partnership agreements will require renewal action every three years.
Disqualifications:

Timberland owners who have received a citation classified as willful or failure-to-abate which has become a final order within the last three years will not be accepted for partnership. In addition, partner shipped timberland owners who receive a willful or failure-to-abate citation will be terminated from the partnership agreement. Inspections conducted at partner shipped sites resulting in numerous violations or high gravity serious violations will be considered for disqualification by the area director.
Evaluation Protocol for Partnership Candidates:

Timberland owners entering into a partnership with OSHA will be evaluated in accordance with paragraph I of this instruction. Appendix A of this instruction provides a checklist for evaluating timberland owners for possible partnership agreements.

Candidates for a partnership with OSHA will provide, upon request, a list of active logging sites for the next 90 days with an estimated date of completion. A site from this list will be selected for a evaluation inspection to determine if they qualify for a partnership. The evaluation process for potential companies will be conducted at the selected site. An OSHA 1 will be completed and marked as a partial inspection. The case file will remain open as long as the partnership is active.
Recording on IMIS:

Evaluation for potential partnership inspections will be coded as LOG PARTNER in block 25C of the OSHA 1.
Evaluation of the Project:

By March 1 each year that this project remains active, an evaluation of the project shall be conducted which will examine the following:
1. Number of successful partnerships.
2. Number of contract logging companies covered by a partnership.
3. Incident/frequency rate of partner shipped pools of logging contractors versus overall state average.
4. Number of fatal accidents on partner shipped sites.
5. Evaluation of safety and health program implementation compared to non partnered contractors.
6. Hazards corrected and employees removed from risk on partner shipped sites.
Note: If the project is determined to be ineffective after the above evaluation it will be discontinued. In case of this determination, timberland owners who have entered into a partnership with OSHA will be formally notified in writing.

APPENDIX A

CHECKLIST FOR EVALUATING TIMBERLAND OWNERS FOR A PARTNERSHIP

MANAGEMENT COMMITMENT AND LEADERSHIP	YES	NO
1. Policy statement : goals established, issued, and communicated to employees.
2. Program reviewed/revised annually.
3. Participation in safety inspections by contract supervisors.
4. Commitment of resources is adequate.
5. Safety rules and procedures incorporated into site operations.
6. Contract supervisors observe, communicate, and enforce safety rules.

ASSIGNMENT OF RESPONSIBILITY	YES	NO
1. Contract supervisors knowledgeable and accountable.
2. Contract supervisor safety and health responsibilities are understood
3. Logging contractor/employees follow safety rules and appropriately enforced

IDENTIFICATION AND CONTROL OF HAZARDS	YES	NO
1. Periodic documented safety inspections (monthly) by contract supervisors.
2. Documented safety meetings (at least monthly) conducted by logging contractors
3. Preventative controls in place (PPE, maintenance, engineering controls)
4. Action taken to address hazards.
5. Technical references available.
6. Enforcement procedures by timberland owner.

TRAINING AND EDUCATION	YES	NO
1. Contract supervisors, contract loggers and employees receive basic training
2. Specialized training taken when needed.
3. Employee training program exists, is ongoing, and is effective.
4. Training is certified and records are maintained.

RECORD KEEPING AND HAZARD ANALYSIS	YES	NO
1. Records are maintained of employee illnesses/injuries, and communicated.
2. Supervisors perform accident investigations, find causes and initiate corrective action.
3. Safety audits and inspections are documented.
4. Policy established for enforcement of rules and policies.
5. Contractor safety and health programs are reviewed by timberland owner.

FIRST AID AND MEDICAL ASSISTANCE	YES	NO
1. First aid supplies and equipment, including stretcher, are available.
2. Employees are trained in first aid.
3. Geographic location is available at the work site.
4. Emergency procedures are understood by employees.

OTHER SAFETY/HEALTH PROGRAMS WHICH MAY BE REQUIRED	YES	NO	N/A
1. Hazard Communication Program
2. Hearing Conservation Program
3. Energy Control Program

EVALUATION COMMENTS	YES	NO
Written program meets the requirements for a partnership.
Comments attached.
Site inspection meets requirements for a partnership.
Comments attached.
Recommend a partnership approval.
Comments attached.

___________________________
Reviewed by (signature)

_______________________
Date

APPENDIX B

PARTNERSHIP AGREEMENT BETWEEN THE UNDERSIGNED
TIMBERLAND OWNER AND OSHA

The undersigned parties mutually agree to the goals and objectives described in paragraph G of this instruction. We are committed to employee safety and health through the proper implementation of this agreement. The undersigned parties agree to operate within the scope of this instruction. The undersigned timberland owner or manager agrees to meet the requirements of paragraph I of this instruction to qualify for a partnership.

The undersigned parties understand that this agreement can be canceled by either party by written notice (in accordance with paragraph K of this instruction). In addition, the undersigned parties understand that this agreement will require renewal action every three years (in accordance with paragraph K of this instruction). The undersigned timberland owner or manager is aware of the disqualification clause specified in paragraph L of this instruction.

Timberland Owner/Manager:	_________________________________________
OSHA Area Director:	_________________________________________

Date: _______________________

Expiration date: ______________________

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