Department of Labor Seal photos representing the workforce - digital imagery© copyright 2001 photodisc, inc.
Department of Labor Seal www.osha.gov  [skip navigational links] Search    Advanced Search | A-Z Index
<<< Back to Region X Printing InstructionsPrinting Instructions
 
Strategic Partnership Agreement
Between
Crowley Petroleum Distribution Alaska
United Steelworkers Union Local 4959
and
Occupational Safety and Health Administration

  1. Identification of Partners. Crowley Petroleum Distribution Alaska Operations, United Steelworkers Union Local 4959 of Alaska and the Occupational Safety and Health Administration, Anchorage Area Office exclusively.

    As determined by Crowley Petroleum Distribution Alaska and as agreed upon by union representation proposed sites under the agreement will be proposed and evaluated individually. The first two sites to be prepared and evaluated will be the marine terminals located in Nome, Alaska and Bethel, Alaska.

    This agreement provides the background and procedures for a partnership program for Crowley Petroleum Distribution Alaska and the United Steelworker Union Local 4959 with regard to marine terminal activities.

  2. Purpose/Scope. The Anchorage Area Office initiated the Crowley Petroleum Distribution Alaska partnership in an effort to reduce injuries and illnesses, improve hazard recognition of all employees, supervisors and managers and assist the employer in upgrading their safety and health program to improve the overall conditions and working environment in the marine terminal industry they service The partnership will assist the employer in improvements of their safety and health program and identify strengths and weaknesses in order to build a stronger base for all partners. Also to be improved and strengthened will be more open and trusting communications between union, management and OSHA.

  3. Goals and Strategies. This agreement promotes an employer and union partnership with OSHA under which Crowley Petroleum Distribution Alaska must adhere to identified requirements for managing site safety and health, and demonstrate this in advance to OSHA through a comprehensive safety and health program and effective site management. The Area Office will also verify that partnership requirements are met and program goals are being attained, by reviewing evidence of regular and effective safety audits, accident investigations and injury/illness data. The project goals are:

    Goals:

    1. To continue to reduce maritime facility worker injuries and illnesses in Alaska through OSHA intervention actions and through the development of an effective partnership with qualifying terminal managers and union participants under this program.

    2. To continue to improve employer safety and health programs through preliminary
      assistance in readying the employer through site visits and increased hazard
      recognition training and identification.

    3. To better utilize Anchorage Area Office resources as a partnership tool to reduce the need for some on-site visits, while still achieving worker safety and health.

    4. Provide maximum leverage of inspection resources by promoting more active employer action and responsibility in safety and health management.
    Strategies:

    1. Through interventions focusing on the identification of hazards, the changing of work attitudes and involvement in changing work habits and practices the agreement will serve to reduce injuries and illnesses.

    2. Through the use of site evaluations, record and program reviews, and hazard recognition presentations the preliminary site visits will serve to assist the employer and employees in meeting the requirements of the partnership agreement.

    3. Through the use of the Anchorage Area Office resources the employer and employees will have access to and increased understanding of OSHA and the standards required for the work performed at the jobsites.

    4. Through the increase in site evaluations, employer-sponsored and OSHA supported training and the participation by all employees an increased understanding of safety and health management and standards will be achieved.
  4. Performance Measures. The quantitative performance measurement tool that will be utilized for evaluating the effectiveness of the partnership agreement will include the reduction of workplace injuries and illnesses, increasing the numbers and effectiveness of worksite evaluations by the employer and increasing the response time of the employer to correct hazards adequately in the workplace. Additionally, a qualitative measurement tool through written and verbal surveys will be implemented to measure the understanding of safety and health requirements and the improved attitude and cultural safety acceptance within the workplace.

  5. Evaluation. The annual evaluation of each specified worksite under Crowley Petroleum Distribution Alaska will be completed within 30-days from the completion of the one-year agreement anniversary date of signing. All responsible partners will assist in organizing documentation, self-inspections, training records and organizational programs prior to the evaluation for review by OSHA. Utilizing the standard report identified as Appendix B will standardize the format, improve efficiency, simplify the data collection process and enhance OSHA's ability to report results. By the anniversary date of each year that this project remains active, an evaluation of the project shall be conducted by the Anchorage Area Office. If all elements of the partnership agreement remain satisfied in accordance with the annual evaluation, this partnership agreement will continue if all parties agree to continue to honor the stipulations herein.

    NOTE: If the project is determined to be ineffective after the above evaluation it will be discontinued. In this case, the employer and union representative who has entered into a partnership with OSHA will be formally notified in writing. If at any time, the employer or union representation deems it necessary to address concerns or chooses to discontinue the agreement, OSHA will be formally notified in writing.

  6. Benefits. Benefits are a valuable component of OSPs that draw interest and provide appropriate positive treatment based on the partner's undertakings. This OSP agreement will serve to increase knowledge of employees and management in hazard recognition, improve element aspects of the Crowley Petroleum Distribution Alaska safety and health program, improve the quality of facility self-evaluations and upgrade communication between all parties of the agreement. Upon the successful completion of the onsite evaluation, the selected sites will also be removed from all programmed inspection targeted lists for a period of one year.

  7. Verification Procedures. OSHA will verify that OSP participants are upholding their responsibilities under the agreement. Accordingly, the verification procedures will be assessed in accordance with the following method:

    OSHA will utilize the onsite enforcement verification method while conducting a review of the worksites and internal self-audits in an enforcement capacity to assess the implementation of the OSP agreement. The interaction provides opportunities for a partner to highlight OSP efforts, and discuss challenges and plans for improvements, and allows OSHA to review efforts. OSHA worksite observations should be sufficient to confirm the partner's worksite is operating a safety and health management system that adequately ensures the protection of employees. During such verification visits, if OSHA personnel identify hazards categorized as other-than-serious, they will not be cited, although must be corrected. Any high-greater violations will result in a citation to the employer.

  8. Management and Operation of the Strategic Partnership.

    Crowley Management/Competent Persons
    will conduct a monthly informal site audit by focusing on fall hazards, struck-by hazards, caught-in/between hazards and electrical hazards. They will also include other areas of high hazard when appropriate, such as but not limited to marine terminals operations including access and loading of barges, confined spaces and chemical hazards. Where serious hazards are noted during the informal site audit, they will be appropriately documented. Crowley Petroleum Distribution Alaska will complete and provide an annual report to OSHA on or before the renewal date each year so that OSHA may evaluate the program and determine whether the employer continues to qualify for partnership. Appendix B is the format for the report. The employer should review the report topics in advance, to be sure that they are maintaining the information needed for year-end reporting.

    Union Representation and Employees will fully participate in and support the agreement while assisting the employer in the success of the agreement. All employees, regardless of union participation will uphold the requirements of the agreement and assist management in their commitment for furthering the safety and health programs and practices of the organization. All participants of this agreement are tasked with the responsibility of learning, acknowledging and upholding all changes to the employer's safety and health program and its work practices while working at the Crowley facilities. All employees must take an equal and vested interested in implementing and strengthening the partnership agreement

    OSHA Area Office Representatives will conduct annual evaluations of the worksites in the presence of management, union representation and employees for the purpose of determining whether the agreement requirements have satisfactorily been met and/or improved upon from the original condition. OSHA will also conduct two preliminary assistance visits per site of the employer for the purpose of assisting the participants in readying the site for a formal evaluation under the agreement. OSHA will assist the employer in reviewing their programs and work practices, along with OSHA logs to evaluate strengths and weaknesses within the organization. OSHA will be available to all participants for clarity and intervention if issues should arise.

    Partnership Banner for Crowley Petroleum Distribution Alaska may be displayed at their partnership site advertising their partnership. They may also advertise the partnership on company letterhead or on information sheets submitted with bid proposals.

    Outreach activities by the Anchorage Area Office will be carried out through various outreach activities to introduce this partnership to the predetermined sites of the employer to discuss the benefits of cooperative partnership programs when working together with industry and collective bargaining representatives. Efforts will be made to include all management, supervisory, union and employees into the pre-evaluation efforts and during the initial site evaluation in accordance with the requirements of the OCP agreement. These activities may include:

    1. A Regional press release elaborating on the efforts of the new partnership agreement.

    2. Enlisting the support and help of various organizations to promote the awareness of the project.

    3. Providing safety and health resources/guidance at the Anchorage Area Office level to assist Crowley Petroleum Distribution Alaska in the development of a more effective safety and health program.
  9. Employee and Employer Rights. This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, not does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act.

  10. Term of Partnership. This agreement will terminate on ___________, which is three years from the date of the signing. If any signatory of this agreement wishes to terminate their participation prior to the established termination date, written notice of the intent to withdraw must be provided to all other signatories.

    Paragraphs E, G, and H of this agreement identify the eligibility and program requirements for the partnership, including the requirement for the applicant's safety and health program self-evaluation, and the requirement for an annual report. Appendix A provides a sample copy of the partnership agreement that would be signed by OSHA, Crowley Petroleum Distribution Alaska and United Steelworkers Union representation.

    Renewal. Partnership agreements will require renewal action every three years. Crowley Petroleum Distribution Alaska will be evaluated annually by OSHA to assure that they continue to meet the partnership requirements identified paragraph J of this instruction.

    OSHA will review applicant's violation history with OSHA and with State programs (e.g., Washington's DOSH and Alaska's AKOSH) and may disqualify applicants in advance.

    • "Willful" or "Failure-to-Abate" citation received subsequent to partnership will always result in termination of the partnership agreement.

    • "Repeat" violation may result in termination of the partnership, agreement depending on the circumstances of the repeat violation.

    • OSHA inspection resulting in numerous violations or in high gravity "Serious" violations may also result in termination of the partnership agreement.

//original signed//
Scott Ketcham
Anchorage Area Director


CONCURRENCE:


//original signed//
Richard S. Terrill
Regional Administrator


 
APPENDIX A
CROWLEY PETROLEUM DISTRIBUTION ALASKA
SELF EVALUATION AND APPLICATION/RENEWAL

Auditor Name ________________________________________ Date ______________

Company Name ______________________________________ Tel. # _____________

Physical Address______________________________________ FAX # ____________

City __________________________ State _____________ Zip ______________

Mailing Address __________________________________________________________

City __________________________ State _____________ Zip ______________

Submitted by ___________________ Title _____________ Tel. # ____________

Type of Employer _________________________________

 
Comments:





 
 
APPLICATION REQUIREMENTS YES NO
1. Appendix A has been appropriately completed?    
2. A current copy of each safety & health program is attached?    
3. A list of active marine terminal sites is attached?
NOTE: The list will contain a brief description of the functions of the particular site work being performed.
   
 
PRE-QUALIFICATION REQUIREMENTS: YES NO
1. Have you had a willful citation within the last three years?
If yes, you may not apply at this time.
   
2. Have you had a repeat citation within the last three years?
If yes you may apply; however, please attach a brief statement explaining why
this repeat citation should not prevent you from applying.
   
3. Have you been in business for three or more years?
If no, you may not apply at this time.
   
 
MANAGEMENT COMMITMENT: YES NO NA
1. Does management participate in the safety program?      
2. Does management set objectives for safety?      
3. Does management budget for and provide necessary funds?      
4. Does management require feedback on safety program?
NOTE: Management that does not participate in their safety program, has a hands-off approach, or leaves safety to the safety coordinator or supervisory personnel fails to meet the minimum acceptable level for management commitment.
     
 
MANAGEMENT POLICY STATEMENT ON SAFETY: YES NO NA
1. Does a policy exist?      
2. Has the policy been explained to all employees?      
3. Do all employees know the policy?      
4. Does the policy set boundaries for the safety and health program?      
5. Does the policy emphasize management's approach to safety?      
6. Is the policy signed by the owner or the president of the company?      
7. Does the policy authorize employees to participate in the company's safety and health program?
NOTE: If no policy exists the company fails to meet the minimum acceptable level for management policy statement on safety.
     
 
RESPONSIBILITY FOR SAFETY DEFINED: YES NO NA
1. Is the responsibility for safety defined for all levels of the company?      
2. Is it in writing and made a part of the safety and health manual?      
3. Do operating supervisors have key responsibilities for safety incorporated in their job descriptions?
NOTE: If the only person who has responsibility for the results of safety program is the safety coordinator, if the operating supervisors look to the safety coordinator to perform all safety activities, or the responsibility for safety has not been defined within the firm the company fails to meet the minimum acceptable level for responsibility for safety.
     
 
EXPERIENCE MODIFICATION RATE (EMR): YES NO NA
1. Is the EMR at 1.0 or below?      
2. Is a copy of the insurance document documenting the company's EMR attached?      
 
SAFETY BUDGET: YES NO NA
1. Does the employer have a site specific safety budget established?      
2. Is the budget based on planned activities for the specific project?
NOTE: In order to satisfy this element, the company must allocate funding to ensure that personal protective equipment is provided and that equipment is maintained and used in a safe manner.
     
 
SAFETY PROGRAM GOAL SETTING: YES NO NA
1. Are safety goals and objectives set to be achieved through the safety
program (based on needs or problems)?
     
2. Are the goals and objectives published?      
3. Has a strategy been developed to accomplish the safety program goals?      
4. Does the safety program require feedback from those responsible for
achieving safety results?
     
5. Are results discussed at least annually?      
6. Are audits conducted to measure the performance of the goals?      
7. Are long term and short term goals considered in the safety program?      
 
MANAGEMENT SUPERVISORY MEETINGS: YES NO NA
1. Are meetings held by management with supervisors where safety is on the agenda?      
2. Does management give an overview of safety activities?      
3. Is information given to supervisors on safety?      
4. Do supervisors give a status report on job site safety activities?      
5. Are serious accidents and near misses reviewed in these meetings?      
 
PRE-PLANNING FOR JOB-SITE SAFETY: YES NO NA
1. Is pre-job safety planning required at the bid stage?      
2. Is pre-job safety planning required prior to mobilization for every job?      
3. Is a check list used by the supervisor to assure that safety requirements
for the job site are considered?
     
4. Is necessary equipment provided?      
5. Are job supervisors trained in pre-job safety and health planning?      
 
EMPLOYEE PARTICIPATION: YES NO NA
1. Is an employee participation program in place?      
2. Are employees encouraged to participate in activities and to report near-misses?      
3. Are employees required to participate in: tool box talks, hazard
recognition/reporting, site inspections, new hire & formal safety training?
     
4. Are employees encouraged to participate in safety rule development/
revision and accident investigations?
     
5. Is there an employee suggestion/comment program in place?      
 
NEW HIRE ORIENTATION: YES NO NA
1. Is a formal orientation program in effect for all new or transferred
employees?
     
2. Are records maintained showing: date, person conducting orientation,
areas covered, and signature of the employee and the person conducting the training?
     
3. Does the new hire orientation include training on: safety and health rules, hazard communication, possible safety and health hazard exposure on the job, emergency reporting procedures, and personal protective equipment?      
4. During the new hire orientation, is the company's disciplinary policy for violating safety and health rules clearly communicated?      
5. Is management concern for safe job performance communicated?      
 
SAFETY RULES: YES NO NA
1. Are the safety rules published?      
2. Does management make all employees aware of the safety rules?      
3. Are copies of the rules posted at the work site?      
4. Are the safety rules concise and easy to understand?      
5. Are rules enforced equally among all employees?      
6. Are rules updated on a regular basis?      
7. Are safety rules reviewed on annual basis for possible updating?      
 
EMPLOYEE SAFETY TRAINING: YES NO NA
1. Does management conduct a work force safety training needs assessment?      
2. Is formal safety and health training provided (when required) in the
areas such as, but not limited to:
     
a) Hazard recognition?      
b) First aid/CPR?      
c) Hazard communication and material safety data sheets?      
d) Fall protection?      
e) Confined space entry?      
f) Safe equipment operation?      
g) Industrial truck operations?      
h) Electrical safety?      
i) Lockout/tagout?      
j) Personal protective equipment?      
k) Trade specialty safety and health?      
3. Is there documentation that training is provided?
If yes, does it show:
     
a) Date?      
b) Signature of person conducting the training?      
c) Qualification of the person conducting the training?      
d) Areas covered?      
e) Signature of the employee?      
4. Is employee training comprehension/understanding of training verified and documented?      
 
SAFETY TOOL BOX MEETINGS: YES NO NA
1. Are meetings held at least weekly?      
2. Are these meetings conducted by a supervisor?      
3. Are records kept showing attendance and topics presented?      
4. Do employees participate in the meetings?      
5. Are employees asked to present safety topics at the meetings?      
 
INSPECTIONS: YES NO NA
1. Are job site inspections conducted daily?      
2. Are these inspections conducted by a site supervisor?      
3. During these inspections are critical safety items identified and checked?      
4. Are safety and health deficiencies documented?      
5. When possible, are safety and health deficiencies corrected immediately?      
6. When safety and health deficiencies are not corrected immediately, are
interim controls initiated to ensure no employee exposure to the hazard?
     
 
SUPERVISORY TRAINING: YES NO NA
1. Does the company provide supervisory training?      
2. Are all levels of supervisors trained?      
3. Are supervisors trained in first aid/CPR?      
4. Are supervisors trained in hazard recognition?      
5. Are supervisors trained in emergency reporting procedures?      
6. Do supervisors receive the OSHA training in maritime standards?      
7. Are supervisors (when required) trained in respiratory protection?      
8. Are supervisors (when required) trained in confined space entry?      
9. Are supervisors (when required) trained in scaffold safety?      
10. Are supervisors (when required) trained in ladder safety?      
11. Are supervisors (when required) trained in trench and excavation safety?      
12. Are supervisors (when required) trained in monitoring the atmosphere
for toxic, flammable mixtures, and/or oxygen levels?
     
13. Are supervisors (when required) trained in fall protection requirements?      
14. Is there documentation that training is provided?
If yes, does it show:
     
a) Date?      
b) Signature of person conducting the training?      
c) Qualification of the person conducting the training?      
d) Areas covered?      
e) Signature of the employee?      
 
ACCIDENT INVESTIGATION: YES NO NA
1. Are all accidents and near misses immediately investigated?      
2. Are reports completed on all accidents and near misses?      
3. Does the owner, president or other corporate officer review the accident investigation report?      
4. Does management try to determine the cause of the accident?      
5. Does the accident investigation focus on what deficiency in the company's safety and health program may have allowed this accident to occur, i.e., management commitment, hazard identification /determination, hazard elimination/control, emergency response planning, first aid/medical, or training?
NOTE: Simply stating it was an unsafe act by the employee or unsafe condition does not meet the requirements for this element. If it is an unsafe condition, what element of your program allowed it to exist or be created? If it is an unsafe act, why did the employee perform this unsafe act? Was he or she not trained, or was it employee misconduct? If it was employee misconduct, what disciplinary actions were taken?
     
6. Is there a follow-up system in place to assure corrective action has been taken to prevent another similar accident?      
7. Is the information learned from an accident shared with all other job sites to help prevent further accidents?      
 
PERSONAL PROTECTIVE EQUIPMENT (PPE): YES NO NA
1. Does the company conduct an analysis to determine the PPE
requirements?
     
2. Is the employee informed on what PPE is required?      
3. Are employees trained in the use and maintenance of the PPE?      
4. Does the company provide the PPE?      
5. Has the employee been made aware of disciplinary consequences for not using the required PPE?      
 
SUBSTANCE ABUSE POLICY: YES NO NA
1. Does the company have a policy regarding drug or alcohol abuse?      
2. Are supervisors trained in the hazards of drugs and alcohol on the job?      
3. Is drug testing conducted for pre-hire, post accident, and cause?      
 
RECORD KEEPING: YES NO NA
1. Does the company (when required) maintain an OSHA 300 log of injuries and illnesses?      
2. Does the company maintain an OSHA 301 or equivalent workers
compensation form for the first report of the injury?
     
3. Does the company maintain accident investigations?      
4. Does the company maintain records of the hazards noted during self
inspections?
     
5. Does the company maintain copies of written reports of unsafe conditions created by outside employers working on your property that your employees could be exposed to?      
6. Were the reports above forwarded to the creating employer?      
7. Are cranes used on the construction site?
If yes, are the following records maintained for each crane on site?:
     
a) Is a copy documenting a thorough annual inspection by either a competent person or a person recognized by the U.S. Department of Labor maintained on site?      
b) Are copies of the daily to monthly inspections maintained on site?      
c) Is a copy of the operator's and maintenance manual maintained on site for each crane in service?      

 
-Appendix B-

ANNUAL REPORT
FOR
CROWLEY PETROLEUM DISTRIBUTION ALASKA PARTNERSHIP PROJECT

(Due 30 days prior to anniversary date EACH YEAR)

1. Company name submitting this report: ________________

2. This report is for calendar year: ________________

3. Have you had any lost time accidents, property damage YES NO NA
exceeding $5,000, or near misses?

4. List the name of the company(s) involved in these incidents:
______________________________________________
______________________________________________
______________________________________________

5. If your answer to question number 3 is yes, have you attached a
copy of each accident investigation? YES NO NA

6. Transfer the previous year's summary totals from your OSHA 300
log to the following table:

OSHA 300 LOG Information

Location _______________________________

Average Number of Employees _____________

Hours Worked __________________________

 
G H I J K L M1 M2 M3 M4 M5 M6
                     
 

7. Insurance Experience Modification Rate: _______________

8. Number of sites audited during the previous year: _______________

9. Number of audits conducted during the previous year: _______________

10. Number of violations found by your audits during the _______________
previous year:

11. Number of outside employers who worked on your
Property or for your company during the previous year ________________

12. Top three reoccurring violations corrected during the previous year:
______________________________________________
______________________________________________
______________________________________________


______________________________________________           _______________
                             Signature Date


 
APPENDIX C

PARTNERSHIP AGREEMENT
BETWEEN
CROWLEY PETROLEUM DISTRIBUTION ALASKA
UNITED STEELWORKERS UNION LOCAL 4959
AND OSHA

The undersigned parties mutually agree to the goals and strategies described in paragraph C of this Partnership Agreement. 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 signed agreement. The undersigned employer agrees to meet the requirements of paragraphs E, G and H of this instruction to qualify for a partnership.

The undersigned parties understand that this agreement can be canceled by any party by written notice. In addition, the undersigned parties understand that this agreement will require renewal action annually in accordance with paragraph J of this instruction. The undersigned employer is aware of the disqualification clause specified in paragraph J of this instruction.

 


 
Mr. Robert E. Cox
Manager Alaska Division
Crowley Petroleum Distribution


 
Mr. Glenn Trimmer
United Steelworkers Union
Local 4959


 
Mr. Scott Ketcham
OSHA Area Director
Anchorage Area Office


Date: _________________


Date: _________________


Date: _________________
 
 
Back to TopBack 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: 05/23/2008