I. Partnership Background
On March 12, 1998, the Associated General Contractors of America (AGC) and the Occupational Safety
and Health Administration (OSHA) signed a partnership charter that mutually recognized the
importance of providing a safe and healthful work environment in the construction industry. To
advance our mutual goal, we strongly agreed on the need to develop a working relationship that
creates mutual trust and respect for the respective roles of each organization in the construction
safety process. On January 9, 2001 the AGC of America and OSHA entered into the Construction Health
and Safety Excellence (CHASE) partnership agreement, which was to serve as a template for AGC
Chapters and OSHA Area Offices. The CHASE partnership agreement described within this document
between the Florida East Coast Chapter of AGC and the OSHA Fort Lauderdale and Tampa Area Offices is
the direct result of the 1998 partnership charter and the January 9, 2001 national partnering
agreement.
II. CHASE Partnership
- Program Expectations
This agreement between the Florida East Coast Chapter of AGC and the Occupational Safety and Health
Administration, Fort Lauderdale and Tampa Area Offices, is intended to serve as the Construction
Safety and Health Excellence partnership between the two organizations. Member contractors and
associate specialty contractors wishing to participate will sign on as signatory partners. Owners,
Labor and other organizations are encouraged to endorse and participate as signatory partners in the
CHASE program.
- Implementation of this program is expected to result in decreased serious injuries, illnesses,
and fatalities for participating contractors and improvement of existing safety and health programs.
- This agreement provides for incentives to construction contractors that voluntarily participate
in the CHASE program and demonstrate implementation of effective safety and health programs.
- This agreement will not in any way affect employees’ ability to exercise rights under the OSH Act
and OSHA regulations, including walk-around rights.
- Specific Goals of CHASE
- To reduce by 5% annually the number of injuries, illnesses, and fatalities affecting participant
employers, with an emphasis on reducing injuries and fatalities resulting from those hazards that
are the four leading causes of death on construction sites (falls, struck-by, caught in/between and
electrocutions).
- To increase the number of general and specialty contractors who implement effective safety and
health programs and provide effective safety and health training for management, supervisors and
employees.
- To recognize those contractors with exemplary safety and health programs and effective
site-specific safety and health plans.
- To enable the OSHA office to leverage the agency’s resources. Because the program is designed to
reduce job related deaths, injuries and illnesses without the need for OSHA to devote significant
resources, they will be able to reach a greater number of employers/employees and accomplish greater
worker protection.
- Program Implementation
Once this agreement is established between the Florida East Coast Chapter of AGC and the OSHA Fort
Lauderdale and Tampa Area Offices, the Chapter Safety Committee or designated Chapter Safety
Director will inform members who have successfully completed the application process and are thus
eligible for participation in the partnership. The chapter will then follow the procedures in this
agreement to inform the OSHA Area Director of the qualified contractors.
- Eligibility Requirements for the Multi-Step Program: RED, WHITE AND BLUE
- The CHASE Program will be implemented in three levels: RED, WHITE and BLUE.
- Applications may be submitted at the beginning of each quarter. Eligibility status must be
renewed on an annual basis. New and renewal applicants will:
- Complete the two-part CHASE application form.
- The first part of the form will request data from the summary of the contractor’s OSHA 300 log.
The second part of the form will be a self-audit evaluation checklist (see Appendix A), which will
require applicants to answer a series of questions related to their safety program.
- The Chapter’s Safety and Health committee or the Chapter’s Safety Director will administer the
self-audit evaluation of the CHASE Program. The safety and health committee is comprised of
representatives from Florida East Coast AGC member companies, will be appointed by the Florida East
Coast Chapter of AGC member companies and will either approve or reject the CHASE application. The
local OSHA area office will serve in an advisory capacity to the Chapter Safety and Health
Committee.
- The CHASE Program has three award levels. Entry into the RED and WHITE and BLUE Levels are
based on answering “yes” to all of the questions on the self-audit evaluation administered by AGC.
In order to determine the contractor’s level of eligibility, the contractor must provide the Chapter
Safety Committee with evidence of conformance with each requirement for each level.
- The Chapter Safety and Health Committee or Chapter’s Safety Director will inform the Chapter
members who have successfully completed the application process and are eligible to participate in
the partnership program.
- The top level, BLUE, will be open to those companies whose achievements in the area of worksite
safety are outstanding. Acceptance into the BLUE level will require additional validation of safety
and health program efficacy through a comprehensive onsite qualifying inspection. The Chapter Safety
and Health Committee will conduct the qualifying inspection on at least one active job site.
- Contractors who are accepted into the CHASE Program receive incentives from OSHA, as listed in
Section (7) of this document.
- RED: Applicants seeking RED status must meet the following requirements:
- Develop and implement a written safety and health program that addresses those hazards that are
the four leading causes of death on construction sites (falls, struck by, caught in/between and
electrocutions);
- Conduct weekly employee safety meetings.
- Implement safety and health programs and training, which address at a minimum: fall protection,
electrical safety, procedures for working around machinery and vehicles, lead, silica, noise
exposure, hazard communication and respiratory protection. These meetings and programs must be
presented in a manner such as but not limited to formal oral, or written test, observations, or
through discussion in which non-English speaking employees will understand the program’s content.
- Conduct and document self-audits.
- Implement a 100 percent fall protection policy, either conventional or a system, when working at
heights above six feet regardless of the operation.
- Promote and nurture employee involvement in day-to-day implementation of their safety and health
program. Examples of such activities would be to have employees participate in conducting weekly
safety meetings, accident investigation, hazard recognition activities and safety and health
committee activities.
- On unionized work sites, all effected unions must be involved with the program. The effected
companies along with the Florida East Coast Chapter of the AGC will solicit the union organization
for signatory participation or written endorsement of the program.
- WHITE: Applicants seeking WHITE status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the ANSI A10.38-1991
Guidelines or OSHA’s 1989 Safety and Health Program Management Guidelines;
- Assign at least one trained employee with responsibility for employee safety to administer the
participants safety and health program and to conduct documented safety and health inspections of
ongoing work; training equivalent to the AGC Safety Management Course or equivalent will be deemed
satisfactory;
- Conduct an orientation of all new employees in the safety and health program of the company, and
show evidence of effective employee training for avoidance of hazards specific to the contractor’s
work site(s);
- Conduct weekly employee safety meetings.
- Implement safety and health programs, which address at a minimum: fall protection, electrical
safety, procedures for working around machinery and vehicles, lead, silica, noise exposure, hazard
communication and respiratory protection. These meetings and programs must be presented in a manner
such as but not limited to formal oral, or written tests, observations, or through discussion in
which non-English speaking employees will understand the program’s content.
- Implement a 100% fall protection policy, either conventional or a system, when working at heights
above six feet regardless of the operation.
- Conduct and document self-audits;
- Show evidence of employee involvement in the safety and health program; for example,
participation in self-audits, inspections, job hazard analysis, safety and health program reviews,
safety training, and mishap investigations;
- Develop and maintain a Substance Abuse Program;
- Provide all field construction supervisory personnel with training equivalent to the AGC
Supervisor Safety Competency Training Course or OSHA 10 hour construction safety course;
- Maintain a total case injury/illness incidence rate that is 10% less than the most current Bureau
of Labor Statistics national rate for the construction industry;
- Promote and nurture employee involvement in day-to-day implementation of their safety and health
program. Examples of such activities would be to have employees participate in conducting weekly
safety meetings, accident investigation, hazard activities and safety and health committee
activities;
- On unionized work sites, all effected unions must be involved with the program. The effected
companies along with the Florida East Coast Chapter of the AGC will solicit the union organization
for signatory participation or written endorsement of the program.
- BLUE: Applicants seeking BLUE Status must meet the following requirements:
- Implement a comprehensive written safety and health program based on the ANSI A10.38-1991
Guidelines or OSHA 1989 Safety and Health Program Management Guidelines. Ensure that written,
site-specific, safety and health plans are used by all contractors on their project:
- Applicant achieving BLUE status agrees to serve as a mentor for contractors on its projects who
have yet to attain the same level of recognition within the partnership. BLUE participant companies
will agree to maintain a copy of the specialty contractors’ safety and health plan, hazard
communication plan, and fall protection plan, or the BLUE participant could require all specialty
contractors to follow its programs.
- Assign a minimum of one employee who will administer the firm’s safety and health program. This
person must have attended the AGC Safety Management Training Course or equivalent in the previous
three years;
- Ensure designated safety personnel conduct documented safety and health inspections of all work
on their project(s). Personnel, through training and experience, must be able to recognize hazards
and will have the authority to take prompt corrective action. Training curriculum equivalent to the
OSHA 30-Hour Construction Outreach Course will be deemed to be satisfactory;
- Train all field construction supervisory personnel. In addition to the Supervisory Safety
Competency Course, additional training shall be provided for competent persons in such areas as
Scaffolding, Excavation, Fall Protection, etc. (this additional training will be predicated by the
type and scope of work the applicant routinely conducts);
- Provide evidence of employee involvement in all levels of the safety and health program, such as
self-audits, site inspections, job hazard analysis, safety and health program reviews, safety
training and mishap investigations;
- Provide a safety and health program orientation for all new employees and show evidence of
effective employee training for avoidance of hazards specific to the contractor’s work site(s);
- Conduct weekly employee safety meetings.
- Implement safety and health programs and training, which address at a minimum: fall protection,
electrical safety, procedures for working around machinery and vehicles, lead, silica, noise
exposure, hazard communication and respiratory protection. These meetings and programs must be
presented in a manner such as but not limited to formal oral, or written tests, observations, or
through discussion in which non-English speaking employees will understand the program’s content.
- Implement and maintain a substance abuse program;
- Conduct and document self-audits;
- Implement a 100 percent fall protection policy, either conventional or a system, when working at
heights above six feet regardless of the operation.
- Maintain a total case injury/illness incidence rate that is 10% less than the most current Bureau
of Labor Statistics national rate for the construction industry;
- Receive a qualifying inspection of at least one representative job site by the chapter safety
committee or the chapter’s designated representatives;
- Have no willful violations in the last three years;
- Have no repeated serious violations in the last three years; and have no fatalities or
catastrophes within the last three years that resulted in serious or willful citations related to
the incident;
- Promote and nurture employee involvement in day-to-day implementation of their safety and health
program. Examples of such activities would be to have employees participate in conducting weekly
safety meetings, accident investigation, hazard recognition activities and safety and health
committee activities.
- On unionized work sites, all effected unions must be involved with the program. The effected
companies along with the South Florida Chapter of the AGC will solicit the union organization for
signatory participation or written endorsement of the program
- Program Confidentiality
Information submitted by contractors as part of the application or renewal process, as well as
information obtained by virtue of the contractor's application or participation in the program, will
be held in strict confidence within the confines of the partnership program. The information will be
used only to measure the effectiveness of the partnership program. However, in the event of an OSHA
inspection, such information that is relevant to any element of the investigation and normally is
available will be provided to OSHA upon request.
- Program Oversight
- The AGC National Director for Safety and Health is responsible for the following program
monitoring activities:
- Periodic reviews of participatory AGC Chapter Partnering activities to ensure compliance with the
partnership requirements, including random onsite visits of participant contractor work sites.
- Recommendations to the AGC Safety and Health Committee for program improvements.
- The Fort Lauderdale and Tampa Area Offices of OSHA will conduct verification inspections of a
random number of Blue Participants. This is to insure that Blue Level participants have implemented
the Blue Level requirements on their jobsites. The number of verification inspections conducted by
the area offices to Blue Level Participants will not be more than 15% of total Blue Level
Participants. In addition, any OSHA inspection of a Blue Level Participants job site can serve as a
verification inspection.
- Incentives
Upon acceptance as a partnership participant, the OSHA Area Office will provide certain incentives
to participants.
- RED Participants:
- Will not receive citations for other-than-serious violations, provided that the hazards are
abated at the time of the inspection;
- WHITE Participants:
- Will be given special recognition from OSHA and AGC designating the contractor as a participant
in the CHASE Program;
- Will not receive citations for other-than-serious violations, provided that the hazards are
abated at the time of the inspection;
- Will be given the maximum good faith penalty reductions currently available in current OSHA
policy.
- BLUE Participants: After successful conclusion of an OSHA verification inspection, OSHA will
provide the following incentives:
- Will be given special recognition from OSHA and AGC designating the contractor as a participant
in the CHASE Program;
- BLUE participant job sites within the Area Office jurisdiction will not receive another scheduled
programmed inspection within the next twelve months;
- BLUE participants will receive inspections only in response to reports of imminent danger,
fatalities/catastrophes, and formal complaints. OSHA will use telephone or fax to handle all other
complaints except those cases involving serious injuries. When an inspection of a non-formal
complaint is deemed necessary, a copy of the complaint will be provided to the participant’s Safety
Director or other designated representative at the time of inspection;
- OSHA will not issue citations for other-than-serious violations provided the violations are
abated at the time of the inspection;
- If cited by OSHA, BLUE participants will receive the maximum good faith and history penalty
reductions currently available under existing OSHA policy;
- During an OSHA inspection, BLUE participants whose program has previously been verified by an
OSHA inspection will not be included in the inspection unless the Compliance Officer documents that
the participant is responsible for any employee exposures to serious hazards such as falls, struck
by; caught in/between or electrocution hazards.
- Partnership Evaluation
- It is the responsibility of the chapter safety committee or safety director to gather required
participant data to evaluate the overall success of the program. Aggregated data will be reported to
AGC National.
- The partnership will be evaluated annually to determine whether the annual goal of a 5% reduction
in the number of injuries, illnesses and fatalities has been met. AGC National is responsible for
collating baseline and annual performance data upon which the partnership will be measured. This
aggregated data will be reported to the OSHA Directorate of Construction.
- Participant aggregate injury/illness incidence rates (total case rates) and fatality rates will
be compared with BLS published data to determine whether the goals have been met at the chapter and
national level.
- Participant incidence of injuries from the hazards that are the four leading causes of death on
construction sites (falls, struck-by, caught in/between, and electrocutions) will be measured and
compared against a baseline established for each hazard by analyzing data from participants in the
first year of the partnership.
- The partnership criteria may be revised annually based on recommendations for continuous
improvement.
- Contractor Termination
- A contractor's participation will be terminated by the AGC Chapter, and OSHA will be informed if
one or more of the following occurs:
- An inspection by the AGC chapter, the AGC National Office or OSHA reveals a significant deviation
from program criteria set forth in the self audit evaluation form;
- The contractor has falsified information on the application or supporting records;
- Prior to final termination of a contractor's status, the following will occur:
- The contractor will be notified in writing of the intent to terminate;
- The notice will include an explanation of the reasons for termination;
- The contractor will have an opportunity to reply to the written notice within a period of thirty
(30) days; and
- The contractor will have the right to appear before the chapter safety committee.
- The chapter safety committee will have the authority to reinstate the contractor if it determines
that the contractor'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 contractor may terminate participation in the program at any time.
- Term and Location of Partnership.
- The partnership will have an initial term of three years and may be renewed if all signatory
parties concur.
- 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.
- If OSHA chooses to withdraw its participation in the partnership, the entire agreement is
terminated. Any party may also propose modification or amendment to the agreement.
| FOR OSHA: |
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LUIS SANTIAGO, Area Director
Fort Lauderdale Area Office - OSHA
8040 Peters Road, Bldg H-100
Ft. Lauderdale, FL 33324
Telephone: (954) 424-0242
Fax: (954) 424-3073 |
Date |
LES GROVE, Area Director
Tampa Area Office - OSHA
5807 Breckenridge Parkway, Suite – A
Tampa, FL 33610-4349
Telephone: (813) 626-1177
Fax: (813) 626-7015 |
Date |
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| FOR AGC: |
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GARY HENNINGS, President
Florida East Coast Chapter
The Associated General Contractors of America |
Date |
MICHELLE R. ANAYA, Acting Director
Florida East Coast Chapter
The Associated General Contractors of America |
Date |
FRANK KNAPFEL, Safety Director
Florida East Coast Chapter
The Associated General Contractors of America |
Date |
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