I. IDENTIFICATION OF PARTNERS
This strategic partnership will continue the cooperative relationship between:
- The Denver and Englewood Area Offices of the Occupational Safety and Health Administration
(OSHA); and,
- The Home Builders Association of Metro Denver (HBA of Metro Denver),
II. PURPOSE/SCOPE
HBA of Metro Denver supports OSHA’s efforts to reduce and/or eliminate hazards and recognize the
value of exerting leadership by bringing their respective skills to bear in a cooperative, focused
and voluntary effort to ensure a safe and healthful environment for all personnel at Home Safe
Master Builder construction sites. Towards that end, the Home Safe Colorado
Ten-Point List: A Guide to Safe Work Practices will be utilized by all Home Safe Colorado
partners to identify and abate hazards when they are present, as well as prevent hazards by educating
workers on proper safety procedures.
This partnership expands OSHA’s reach into the construction industry by mutual agreement with the
HBA of Metro Denver to facilitate the goal of reducing occupational-related fatalities and serious
injuries in the residential construction industry. The scope of this partnership is limited to Home
Safe Master Builder projects in Colorado.
III. GOALS/STRATEGIES
The Home Safe Colorado Partnership is created to encourage employers in the residential homebuilding
industry to strive for accident free job sites; through effective safety and health training, job
site audits, and enforcement. Companies that complete the Home Safe Colorado application packet and
score 3.0 or greater (4.0 top score) on their safety and health program audit form, and successfully
pass a job site audit conducted by the Home Safe Colorado Safety Committee, scoring a 2.0 or greater
(3.0 top score) will become a Provisional Member in the Home Safe Colorado Partnership. Companies
with a DART (Days Away, Restricted and Transferred) rate below the national average for the
builder’s 3-digit SIC (Standard Industrial Classification) will then receive an OSHA non-enforcement
verification inspection. Upon successful completion of the non-enforcement verification inspection
the company will achieve Master Builder status.
The goals of the Home Safe Colorado Partnership are the following:
- To maintain TCIR (Total Case Incident Rate )and DART rates for each Master Builder below the
national average for the builder’s 3-digit SIC, and to maintain the combined weighted average rate
for all Master Builders substantially (at least 10%) below the corresponding national average.
- To document improvement in Home Safe Colorado Partners’ Audit scores, both on an individual and a
program-wide average basis.
- To demonstrate an increase in the percentage of the Master Builders’ supervisors and
subcontractors who have received appropriate safety training.
- To demonstrate a decrease in the frequency of unprogrammed OSHA inspections among Master
Builders, along with a decrease in the frequency of serious hazards found during unprogrammed or
verification inspections (OSHA will provide HBA of Metro Denver with this data).
These goals will be accomplished through the following strategies:
- Improving and promoting worker safety and health at Home Safe Colorado member projects through
training, audits, and enforcement.
- Cooperatively addressing issues of concern related to safety and health within the residential
homebuilding industry.
- Updating the Home Safe 10 point booklet as needed to address trends of occupational-related
injuries.
- Immediately correcting all hazards, acts or conditions when observed or given notification of
such hazards.
- Ensure employee involvement in the day-to-day implementation of work site safety and health
programs.
- Enforcing a policy of non-discrimination against any employee who engages in safety and/or health
activities, and encouraging employees to exercise their rights to raise safety and/or health
concerns without fear of reprisal.
IV. PERFORMANCE MEASURES
Partnership measures will include at a minimum:
- Total Case Incident Rate (TCIR)
- Days Away, Restricted and Transferred (DART) Rate
- Experience Modification Rates (EMR)
- Master Builder/Provisional Member Audit Scores
- Number of English and Spanish workers completing OSHA 10-hour training and any other Partnership
sponsored safety training.
- Decrease in the number of unprogrammed inspections of Master Builders.
- Increase in the number of Master Builders
Data will be collected from all participating Master and Provisional Builders annually.
V. ANNUAL EVALUATION
Jointly, the partners will perform an annual evaluation of Partnership activity and success in
achieving the Partnership’s goals. The annual evaluation will follow the format and requirements of
Appendix C, OSHA Strategic Partnership Program for Worker Safety and Health, CSP 03-02-002. The HBA
OF METRO DENVER will have responsibility for gathering and providing the required data from the
participating members to OSHA by April 1st of each year. OSHA will have responsibility assembling
the data in the format of Appendix C; OSHA Strategic Partnership Program for Worker Safety and
Health, CSP 03-02-002, the evaluation is due on an annual basis, beginning one year after the OSP
signing.
VI. EMPLOYER BENEFITS
OSHA will provide the following benefits to any Home Safe Colorado Master Builder:
- As resources allow, OSHA personnel will assist with review, development, or improvement of safety
and health management systems, provide guidance in conducting audits and evaluations, and offer
technical assistance.
- When calculating the initial penalty reduction, OSHA may provide an additional 10% reduction for
good faith beyond the reductions provided in the FIRM (Field inspection reference manual) where HBA
Master Builder has implemented the provisions of partnership agreement. This additional reduction
will not apply to high gravity serious, willful, failure to abate or repeat citations. In cases
where the total penalty reduction is 100 percent or more, the minimum penalty provisions of the FIRM
will apply (see FIRM, Chapter IV.C.2.b).
- OSHA will use telephone or fax to handle all non-formal complaints at Master Builder jobsites,
except in those cases involving serious injuries or reports of imminent danger. When an inspection
of a non-formal complaint is deemed necessary, a copy of the complaint will be provided to the
Master Builder’s Safety Director or other designated representative at the time of inspection. OSHA
will not issue penalties for other-than-serious violations provided the violations are abated at the
time of the inspection.
VII. VERIFICATION
Companies applying for Master Builder Status shall provide a list of all their active job sites in
the State of Colorado to the HBA OF METRO DENVER. That list will be forwarded to OSHA by the HBA of
Metro Denver.
The appropriate OSHA office(s) will conduct one yearly inspection of each HBA Master Builder
worksite in a non-enforcement capacity to assess the implementation of the Partnership Agreement.
The interaction is intended to provide opportunities for a partner to highlight Partnership efforts,
discuss challenges and plans for improvements, and allow OSHA to review the partner’s 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
visits, if OSHA personnel identify serious hazards that site management refuses to correct, OSHA
will make a referral for an enforcement inspection.
VIII. PARTNERSHIP MANAGEMENT AND OPERATION
OSHA will:
- Provide technical assistance, as resources allow, in reviewing Home Safe Colorado members
site-specific safety and health management system. The Englewood Area Office Response Team Leader
(David Nelson) shall be the designated OSHA “Primary Contact” that advocates participation and
continuous improvement and articulates and promotes the goals and actions set out in this agreement.
- Help identify trends when reviewing the data that has been collected from the participating
members, and provide technical assistance as resources and OSHA policy allow in hazard correction.
- Provide information about training resources, including available OSHA Training Institute Courses
and information on other available sources.
- Participate in HBA training sessions and meetings as resources allow.
- Provide, as resources allow, outreach information and assistance as needed.
- Provide offsite technical assistance as resources allow.
- Ensure that OSHA staff that conduct inspections of Partnership sites be familiar with the terms
and scope of this Partnership.
HBA of Metro Denver will:
- Provide OSHA with a forum in the monthly meeting to announce and publicize agency information
related to construction safety and health.
- Ensure that each participating Home Safe Colorado member has a person assigned to be the primary
Partnership contact for each project. This individual shall ensure that the project(s) is/are
following the requirements of the Partnership agreement.
- Ensure that project-specific safety and health orientation training will be given to employees
and new hires to fit each subcontractor’s particular circumstances and situations. Appropriate
training will also be provided to all supervisors on site to ensure proper implementation of the
site’s safety and health management system.
- Each participating Home Safe Colorado member will develop and/or implement a safety and health
management system, following OSHA’s 1989 Safety and Health Program Management Guidelines.
The HBA of Metro Denver and the Jobsite Safety Committee will perform a variety of activities to
facilitate the success of the Home Safe Colorado Partnership, including:
- Determine Home Safe Colorado Partnership protocol and procedures.
- Hold Monthly Meetings.
- Track, analyze, and provide information on Partnership activities and results.
- Evaluate the effectiveness of the Partnership.
- Ensure that issues and concerns, as well as best practices and successes, are appropriately
communicated to participating members.
IX. EMPLOYEE AND EMPLOYER RIGHTS
This Partnership does not preclude employees and/or employers from exercising any right provided
under the OSHA Act, nor does it abrogates any responsibility to comply with rules and regulations
adopted pursuant to the Act.
X. TERMINATION
This agreement will terminate on August 31, 2008, which is three years from the date of the signing.
If either OSHA or HBA of Metro Denver wishes to withdraw their participation prior to the
established termination date, a written notice of the intent to withdraw from either signatory will
terminate this agreement 30 days after receiving such notice.
Master Builders and/or OSHA may terminate the Master Builders involvement at any time with written
notice describing the reason for termination. Additionally, the Master Builder may withdraw it’s
participation from the Partnership at any time with a written notice of the intent to withdraw to
the HBA of Metro Denver and OSHA.
XI. SIGNATURES
The Strategic Partnership established to nurture a cooperative relationship between Home Builders
Association of Metro Denver and the Occupational Safety and Health Administration is confirmed.
Signed: September 27, 2005
John Healy
Area Director, Englewood Area Office, OSHA |
Mark Krivel
President, Home Builders Association of Metro Denver |
Herb Gibson
Area Director, Denver Area Office, OSHA |
Brent Errickson
Chair Jobsite Safety Committee 2005, Home Safe Colorado Chair 2005 |
| Goal |
Strategy |
Measures/Products |
- Maintain the TCIR and DART rates of each Master Builder below the national average for the
builder’s 3-digit SIC, and to maintain the weighted average for all Master Builders substantially
(at least 10%) below the corresponding national average.
|
- Collect Master Builder TCIR and DART rates
- Collect Master Builder Experience Modification Rates (EMR)
- Collect Master Builders Loss Ratio’s, Note: TCIR, DART, EMR, and Loss Ratio’s will have
identifying data removed
|
- Use of 04 data already collected as baseline for TCIR and DART rates
- Comparison of baseline rates to annual rates
- Evaluate baseline EMR
- Comparison of baseline EMR to annual EMR
- Comparison of baseline Loss Ratio’s to annual Loss Ratio’s
|
- Improve the Master Builder audit scores both on an individual and a program-wide average
basis.
|
- HBA conduct third party audits and score audits
|
- Use 04 audit scores as baseline for audit scores
- Comparison of baseline audit scores to that of new Master Builders
|
- Increase the percentage of Master Builders’ supervisors and subcontractors who have received
appropriate safety training for both English and Spanish speaking workers.
|
- Schedule quarterly training opportunities in English and Spanish
- Development of 4 hour trade specific training
- Survey employees on training needs/improvement
|
- Use 04 data already collected as Baseline of those completing OSHA 10-hour training
- Comparison of baseline training to annual training
- Number of workers trained in English and Spanish
|
- Decrease the number of unprogrammed OSHA inspections among Master Builders
|
- Ensure each Master Builder site is staffed with a safety and health coordinator
|
- Use 04 data as baseline of unprogrammed inspections
- Establish a baseline to track the reduction of serious hazards addressed during OSHA
inspections
- Comparison of baseline with annual number of unprogrammed inspections
|
|
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