- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- Provide maximum leverage of inspection resources by promoting more active employer action and
responsibility in safety and health management.
Strategies:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- A Regional press release elaborating on the efforts of the new partnership agreement.
- Enlisting the support and help of various organizations to promote the awareness of the
project.
- 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.
- 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.
- 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 _________________________________
APPLICATION REQUIREMENTS |
YES |
NO |
1. Appendix A has been appropriately completed? |
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2. A current copy of each safety & health program is attached? |
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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. |
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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. |
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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. |
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3. Have you been in business for three or more years?
If no, you may not apply at this time. |
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MANAGEMENT COMMITMENT: |
YES |
NO |
NA |
1. Does management participate in the safety program? |
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2. Does management set objectives for safety? |
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3. Does management budget for and provide necessary funds? |
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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. |
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MANAGEMENT POLICY STATEMENT ON SAFETY: |
YES |
NO |
NA |
1. Does a policy exist? |
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2. Has the policy been explained to all employees? |
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3. Do all employees know the policy? |
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4. Does the policy set boundaries for the safety and health
program? |
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5. Does the policy emphasize management's approach to safety? |
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6. Is the policy signed by the owner or the president of the
company? |
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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. |
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RESPONSIBILITY FOR SAFETY DEFINED: |
YES |
NO |
NA |
1. Is the responsibility for safety defined for all levels of the
company? |
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2. Is it in writing and made a part of the safety and health
manual? |
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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. |
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EXPERIENCE MODIFICATION RATE (EMR): |
YES |
NO |
NA |
1. Is the EMR at 1.0 or below? |
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2. Is a copy of the insurance document documenting the company's EMR attached? |
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SAFETY BUDGET: |
YES |
NO |
NA |
1. Does the employer have a site specific safety budget
established? |
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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. |
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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)? |
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2. Are the goals and objectives published? |
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3. Has a strategy been developed to accomplish the safety program
goals? |
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4. Does the safety program require feedback from those
responsible for
achieving safety results? |
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5. Are results discussed at least annually? |
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6. Are audits conducted to measure the performance of the goals? |
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7. Are long term and short term goals considered in the safety
program? |
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MANAGEMENT SUPERVISORY MEETINGS: |
YES |
NO |
NA |
1. Are meetings held by management with supervisors where safety
is on the agenda? |
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2. Does management give an overview of safety activities? |
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3. Is information given to supervisors on safety? |
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4. Do supervisors give a status report on job site safety
activities? |
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5. Are serious accidents and near misses reviewed in these
meetings? |
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PRE-PLANNING FOR JOB-SITE SAFETY: |
YES |
NO |
NA |
1. Is pre-job safety planning required at the bid stage? |
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2. Is pre-job safety planning required prior to mobilization for
every job? |
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3. Is a check list used by the supervisor to assure that safety
requirements
for the job site are considered? |
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4. Is necessary equipment provided? |
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5. Are job supervisors trained in pre-job safety and health
planning? |
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EMPLOYEE PARTICIPATION: |
YES |
NO |
NA |
1. Is an employee participation program in place? |
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2. Are employees encouraged to participate in activities and to
report near-misses? |
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3. Are employees required to participate in: tool box talks,
hazard
recognition/reporting, site inspections, new hire & formal safety training? |
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4. Are employees encouraged to participate in safety rule
development/
revision and accident investigations? |
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5. Is there an employee suggestion/comment program in place? |
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NEW HIRE ORIENTATION: |
YES |
NO |
NA |
1. Is a formal orientation program in effect for all new or
transferred
employees? |
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2. Are records maintained showing: date, person conducting
orientation,
areas covered, and signature of the employee and the person conducting the training? |
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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? |
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4. During the new hire orientation, is the company's disciplinary
policy for violating safety and health rules clearly communicated? |
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5. Is management concern for safe job performance communicated? |
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SAFETY RULES: |
YES |
NO |
NA |
1. Are the safety rules published? |
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2. Does management make all employees aware of the safety rules? |
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3. Are copies of the rules posted at the work site? |
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4. Are the safety rules concise and easy to understand? |
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5. Are rules enforced equally among all employees? |
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6. Are rules updated on a regular basis? |
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7. Are safety rules reviewed on annual basis for possible
updating? |
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EMPLOYEE SAFETY TRAINING: |
YES |
NO |
NA |
1. Does management conduct a work force safety training needs
assessment? |
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2. Is formal safety and health training provided (when required)
in the
areas such as, but not limited to: |
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a) Hazard recognition? |
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b) First aid/CPR? |
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c) Hazard communication and material safety data sheets? |
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d) Fall protection? |
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e) Confined space entry? |
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f) Safe equipment operation? |
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g) Industrial truck operations? |
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h) Electrical safety? |
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i) Lockout/tagout? |
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j) Personal protective equipment? |
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k) Trade specialty safety and health? |
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3. Is there documentation that training is provided?
If yes, does it show: |
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a) Date? |
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b) Signature of person conducting the training? |
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c) Qualification of the person conducting the training? |
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d) Areas covered? |
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e) Signature of the employee? |
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4. Is employee training comprehension/understanding of training
verified and documented? |
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SAFETY TOOL BOX MEETINGS: |
YES |
NO |
NA |
1. Are meetings held at least weekly? |
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2. Are these meetings conducted by a supervisor? |
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3. Are records kept showing attendance and topics presented? |
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4. Do employees participate in the meetings? |
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5. Are employees asked to present safety topics at the meetings? |
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INSPECTIONS: |
YES |
NO |
NA |
1. Are job site inspections conducted daily? |
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2. Are these inspections conducted by a site supervisor? |
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3. During these inspections are critical safety items identified
and checked? |
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4. Are safety and health deficiencies documented? |
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5. When possible, are safety and health deficiencies corrected
immediately? |
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6. When safety and health deficiencies are not corrected
immediately, are
interim controls initiated to ensure no employee exposure to the hazard? |
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SUPERVISORY TRAINING: |
YES |
NO |
NA |
1. Does the company provide supervisory training? |
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2. Are all levels of supervisors trained? |
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3. Are supervisors trained in first aid/CPR? |
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4. Are supervisors trained in hazard recognition? |
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5. Are supervisors trained in emergency reporting procedures? |
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6. Do supervisors receive the OSHA training in maritime
standards? |
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7. Are supervisors (when required) trained in respiratory
protection? |
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8. Are supervisors (when required) trained in confined space
entry? |
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9. Are supervisors (when required) trained in scaffold safety? |
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10. Are supervisors (when required) trained in ladder safety? |
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11. Are supervisors (when required) trained in trench and
excavation safety? |
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12. Are supervisors (when required) trained in monitoring the
atmosphere
for toxic, flammable mixtures, and/or oxygen levels? |
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13. Are supervisors (when required) trained in fall protection
requirements? |
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14. Is there documentation that training is provided?
If yes, does it show: |
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a) Date? |
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b) Signature of person conducting the training? |
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c) Qualification of the person conducting the training? |
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d) Areas covered? |
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e) Signature of the employee? |
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ACCIDENT INVESTIGATION: |
YES |
NO |
NA |
1. Are all accidents and near misses immediately investigated? |
|
|
|
2. Are reports completed on all accidents and near misses? |
|
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3. Does the owner, president or other corporate officer review
the accident investigation report? |
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4. Does management try to determine the cause of the accident? |
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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? |
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|
6. Is there a follow-up system in place to assure corrective
action has been taken to prevent another similar accident? |
|
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|
7. Is the information learned from an accident shared with all
other job sites to help prevent further accidents? |
|
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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? |
|
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|
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? |
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-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 |
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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: _________________ |
|