The NPS and OSHA enters into this Agreement pursuant to the authority of the NPS Organic Act of 1916, 16 USC 1-4, sections 19 and 24 of the Occupational Safety and Health Act of 1970 and Executive order 12196 that allows OSHA to give help to specific sites categorized as National Parks, National Recreation Areas, and National Seashores. This agreement describes the scope of assistance that will be provided by the Eau Claire OSHA Area Office to the St. Croix National Scenic Riverway that has been collaboratively selected by NPS and OSHA.

I. BACKGROUND

In the past, the National Park Service (NPS) has experienced the highest employee injury and illness rates of all Department of Interior (DOI) bureaus. Recognizing this problem, the NPS approached the Occupational Safety and Health Administration (OSHA) asking for help in improving the employee safety and health management system at establishments with high lost time case rate (LTCR).

II. IDENTIFICATION OF PARTNERS

National Park Service – St. Croix Falls, Wisconsin
Occupational Safety and Health Administration – Eau Claire, Wisconsin


III. GOALS/MEASUREMENTS

1. GOAL: Develop and implement an effective comprehensive safety and health management system in accordance with 29 CFR Part 1960 - Basic Program Elements for Federal Employee Occupational Safety and Health Programs, and OSHA's 1989 Safety and Health Management Guidelines.
   
   MEASUREMENT: Program in place.
    
2. GOAL: Reduce the total case rate by 3% per year, while at the same time increasing the timeliness of reporting new injuries and illnesses to ESA/OWCP for this park by 5% per year.
   
   MEASUREMENT: OSHA 300 form and date entered into the reporting data base.
    
3. GOAL: Improve the safety and health management system to become qualified and eligible to participate in OSHA's Voluntary Protection Program (VPP) within five (5) years.
   
   MEASUREMENT: Park receives VPP approval.

OUTCOMES

1. Identify and correct the primary causal factors in employee injuries and illnesses.
    
2. Improve employee productivity and quality of life by providing safe and healthful occupational environments.

IV. Annual Evaluation

The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format measurement system as specified in Appendix C of OSHA Directive CSP 03-02-002.

It will be the responsibility of the NPS to gather required participant data to evaluate, and track the overall results and success of the partnership program. This data will be shared with OSHA.

It will be the responsibility of OSHA to conduct, write and submit the annual evaluation, with input received from the partners.

V. OSP Management/Operation

OSHA and the NPS agree to work in partnership to improve the employee safety and health at St. Croix National Scenic Riverway, St. Croix, Wisconsin. Accordingly, they make the following commitments:

1. The Eau Claire OSHA Area Office agrees to:
    
   1. Help identify programmatic needs at this site by reviewing the NPS Occupational Safety and Health Program and provide practical help in implementing the program.
       
   2. Help identify the primary causal factors in injuries and illnesses at this site and develop countermeasures for correcting those hazards.
       
   3. Provide access to training resources including:
      1. One safety management training session for division chiefs.
      2. Access to OSHA Training Institute Courses (OTI).
      3. Guidance to other available sources of training.
      4. Seminars on specific safety and health topics.
   4. Guidance on visitor safety issues.
       
   5. Help mentor NPS safety and health professionals and offer technical assistance at this site by arranging an Agency Technical Assistance Request (ATAR) so that NPS safety and health professionals could accompany OSHA compliance officer on inspections for training purposes. Technical assistance may include:
      1. Practical abatement assistance.
      2. Technical equipment loans.
      3. Air monitoring assistance.
      4. On-site Office Ergonomic Review
   6. Assist NPS with becoming an active member of the Minneapolis/St. Paul Field Federal Safety and Health Council (FFSHC). As a member, NSP safety and health professionals will have the opportunity to network with other federal agency safety professionals, receive training, safety and health resources, and information through the council.
       
   7. Accept the findings, if satisfactory, of NPS investigations and inspections of complaints and referrals that would normally be handled by OSHA. These will be conducted in accordance with OSHA Instruction CPL 2.103: Field Inspection Reference Manual (FIRM).
       
2. The Superintendent of St. Croix National Scenic Riverway agrees to:
    
   1. Provide a written policy statement from the Superintendent as a part of the introduction to the NPS Occupational Safety and Health Program that identifies safety as the first priority for every job.
       
   2. Post copies of this signed agreement and the written safety policy at key locations.
       
   3. Have top management officials, including division heads and union leadership; attend a program presented by OSHA on basic safety management.
       
   4. Begin a comprehensive training program designed to achieve the goal of educating all employees on the current safety record and need for improvement.
       
   5. Commit to implementing the NPS Occupational Safety and Health Program and achieving the objectives of this agreement.
       
   6. Encourage employee participation in developing and managing the safety and health management system through:
      1. Hazard identification and abatement;
      2. Employee training;
      3. Participation in implementing a comprehensive safety and health management system at the establishment;
      4. Employee attendance at all related meetings; and
      5. Support of existing safety and health committees.
          
   7. Implement a system of accountability for safety that includes rewards, consequences, behavior modification, and inclusion of safety in all performance standards.
       
   8. Improve safety and health related communications within the establishment and with other similar sites, including sharing safety programs, accident investigation results, risk management information, and methods of abatement.
       
   9. Provide adequate resources to effectively implement the safety and health management system. However, nothing contained in this Agreement will be construed as obligating either OSHA or the park unit to expend in any one fiscal year any sum in excess of appropriations made by Congress.
       
   10. Implement a system of internal safety and health self audits including action items and follow-up.

VI. EMPLOYEE/EMPLOYER RIGHTS AND RESPONSIBILITIES

This partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act, nor does it abrogates any responsibility to comply with rules and regulations adopted pursuant to the Act.

VII. OSHA INSPECTIONS AND VERIFICATION

Partnership verification will be conducted. NPS will remain subject to OSHA inspections and investigations in accordance with agency procedures. OSHA will continue to investigate fatalities and catastrophes that occur at member companies.

VIII. BENEFITS

Participant benefits from OSHA may include:

1. Priority consideration for compliance assistance and offsite technical assistance (phone calls/faxes) by OSHA as resources allow.

IX. TERM OF AGREEMENT

This agreement will become effective 90 days after signing and continue for a period of five (5) years. The partners may modify this agreement at anytime by simple letter signed by signatories. The partners may renew this agreement at the end of the term by simple letter of renewal signed by the signatories.

X. PARTNERSHIP MANAGEMENT TEAM

A Partnership Management Team (PMT) will oversee and coordinate this partnership. The PMT will include the Eau Claire Area Office Area Director and the Superintendent of the St. Croix National Scenic Riverway and/or their respective representative(s). The team will determine partnership procedures, which will include measures to be used and data to be collected, hold quarterly conference calls and meet at least annually to evaluate the effectiveness of the agreement.

XI. FUNDS

It is not anticipated that any funding will be transferred between OSHA and the NPS. However, should there be a need for transfer of funds to accomplish the objectives of this agreement it will be done according to the policies of the agencies and the respective departments of which these agencies are a part.

XII. TERMINATION

This Partnership shall remain in effect as indicated in Section IX unless NPS or OSHA notifies the other partner in writing of its intent to withdraw from the partnership, in which case the Partnership will terminate in thirty (30) days following the receipt of such written withdrawal notice.


SIGNATURES

For OSHA:



_______________________________
Mark W. Hysell
Eau Claire Area OSHA Area Director

Date:___________________________

For NPS:



_______________________________
Christopher Stein
Superintendent
St. Croix National Scenic Riverway

Date:___________________________



APPENDIX I

Frequently Used OSHA Terms

Agency: The highest operational level of an organization. For example, the Department of Labor is an agency.

Agency safety and health official: The agency or sub agency safety and health manager (not the Designated Agency Safety and Health Official).

Agency Technical Assistance Request (ATAR): A request by a Federal agency for onsite assistance, which may include hazard abatement advice, training, a partial or comprehensive inspection, and program assistance.

Baseline Questionnaire: A comprehensive questionnaire prepared to assess an agency/sub agency compliance with 29 CFR 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters.

Catastrophe: The hospitalization of three or more employees resulting from a work-related incident.

Complaint: Notice of an alleged hazard over which OSHA has jurisdiction, a violation of the Act or 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters, reported by a past or present employee, employee representative, or any other individual knowledgeable of the alleged hazardous condition.

1. Complaint Inspection: A complaint inspection is an inspection that is initiated primarily as a result of a complaint, is conducted by an OSHA compliance officer at the agency's worksite, and meets at least one of the criteria listed below.
    
   1. The complaint was reduced to writing, is signed by a current employee or employee representative, and states the reason for the inspection request with reasonable particularity. In addition, there are reasonable grounds to believe that a violation of a safety or health standard or danger exists.
       
   2. The complaint alleges that physical harm, such as disabling injuries or illnesses, has occurred as a result of the complained of hazard(s) and there is reason to believe that the hazard or related hazards still exist.
       
   3. The complaint is based on an allegation of an imminent danger situation.
       
   4. The complaint identifies an establishment or an alleged hazard covered by a local or national emphasis program.
       
   5. The employer fails to provide an adequate response to a complaint investigation, or the complainant provides evidence that the agency's response is false or does not adequately address the hazard(s).
       
   6. The establishment that is the subject of the complaint has a history of egregious, willful, or failure-to-abate notices, within area office jurisdiction and within the last three years. The Area Director may determine not to inspect a facility when good quality abatement evidence has been provided and programs have been implemented to prevent a recurrence of hazards.
       
2. Complaint Investigation: A complaint investigation is conducted for other complaints that do not meet one of the above complaint inspection criteria. It does not include an on-site-inspection of the workplace.
   Establishment: A single physical location where business is conducted or where services or operations are performed. Typically, an establishment refers to a field activity, regional office, area office, installation, or facility.