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PARTNERSHIP AGREEMENT
BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
AUSTIN AREA OFFICE
AND THE
ASSOCIATED GENERAL CONTRACTORS OF AMERICA (AGC)
SAN ANTONIO CHAPTER

The Occupational Safety and Health Administration (OSHA) agrees to a partnership with the Associated General Contractors of America (AGC), San Antonio Chapter to enhance workplace safety and health through the strategy of implementing written comprehensive safety and health programs. The overall goal will be to reduce serious injuries and illnesses (using as a minimum one percent per year) and to reduce the occurrence of the four major hazards in the categories of falls, electrocutions, struck-by and caught-between (using as a minimum ten percent per year). Measurements will be obtained from OSHA 300 logs and self inspections. Employers who are willing to accept this program will receive OSHA assistance and annual on-site enforcement inspections (in accordance with approved protocols) in lieu of programmed inspections. This partnership, Safety and Health Agreement Regarding Enforcement (SHARE) was initially approved on 29 January, 1999, reapproved 27 January, 2002, and reapproved 17 February, 2005.

Elements – 1989 Guidelines
The 1989 OSHA Guidelines (Safety and Health Management System, Issuance of Voluntary Guidelines, 1989, January 26) remain OSHA's primary example of a complete SHMS. While this partnership focuses on specific safety and health elements, partners are encouraged to implement a comprehensive SHMS based on these guidelines.

Selection criteria for participants:

Executive Commitment: Participants agree to submit a letter stating executive commitment to develop and maintain a safety and health program for construction projects (and associated staff housing, if applicable). The letter should be from the Chief Executive Officer (CEO) or equivalent. It should make clear such a program is a priority for the CEO and that he (or she) will personally track programs and hold managers accountable for administration of the program. The letter should be addressed to the OSHA Area Director. A similar letter should be addressed to managers and employees and posted for two months in the workplace. Such letters must also be translated (in writing) in the language of the workers.

Commitment to develop a safety and health program: below are the elements of such a program:

1. Management Commitment and Employee Involvement

Member agrees to:
  • State clearly a worksite policy on safe and healthful work and working conditions, so that all personnel with responsibility at the site (and personnel at other locations with responsibility for the site) fully understand the priority and importance of safety and health protection in the organization.
  • Establish and communicate a clear goal for the safety and health program and define objectives for meeting that goal so that all members of the organization understand the results desired and measures planned for achieving them.
  • Provide visible top management involvement in implementing the program so that all employees understand that management's commitment is serious.
  • Arrange for and encourage employee involvement in the structure and operation of the program and in decisions that affect their safety and health so that they will commit their insight and energy to achieving the safety and health program's goal and objectives.
  • Assign and communicate responsibility for all aspects of the program so that managers, supervisors, and employees in all parts of the organization know what performance is expected of them.
  • Provide adequate authority and resources to responsible parties so that assigned responsibilities can be met.
  • Hold managers, supervisors, and employees accountable for meeting their responsibilities so that essential tasks will be performed.
  • Review program operations at least annually to evaluate their success in meeting the goals and objectives so that deficiencies can be identified and the program and/or the objectives can be revised when they do not meet the goal of effective safety and health protection.
2. Worksite Analysis

Member agrees to:
  • Conduct periodic workplace inspections/audits for the purpose of identifying and correcting safety and health hazards. Fall, electrical, struck by and caught between hazards will be documented and corrected.
  • Inspections/audits will be conducted as frequently as deemed necessary by the company, but in no case less than once every month
  • The company will utilize the services of the AGC Safety Representative or their designee to perform these inspections/audits in addition to their own inspection/audit.
  • Analyze planned and new facilities, processes, materials, and equipment.
  • Perform routine job hazards analyses.
  • Provide a reliable system for employees to notify management personnel about conditions that appear hazardous and to receive timely and appropriate responses and encourage employees to use the system without fear of reprisal. This system utilizes employee insight and experience in safety and health protection and allows employee concerns to be addressed.
  • Investigate accidents and "near miss" incidents so that their causes and means of prevention can be identified.
  • Maintain records of recordable injuries and illnesses as required by OSHA.
  • Analyze injury and illness trends to identify work practice improvements or material modifications necessary to prevent accidents.
  • The safety and health official will prepare an annual analysis of the company's safety and health program. This will include a summary of all major hazards found and corrected through inspection and safety committee efforts, those still uncorrected, injury/illness trends, and recommendations for safety and health improvements.
  • The analysis will be submitted to the CEO or equivalent.
3. Hazard Prevention and Control

Member agrees to:
  • Establish, at the earliest time, safe work practices and procedures that are understood and followed by all affected parties. Understanding and compliance are a result of training, positive reinforcement, correction of unsafe performance, and if necessary, enforcement through a clearly communicated disciplinary system.
  • Provide personal protective equipment
  • Maintain the facility and equipment to prevent equipment breakdowns.
  • Plan and prepare for emergencies, and conduct training and emergency drills, as needed, to ensure that proper responses to emergencies will be "second nature" for all persons involved.
  • Establish a medical program that includes first aid onsite as well as nearby physician and emergency medical care to reduce the risk of any injury or illness that occurs.
4. Safety and Health Training

Member agrees to:
  • The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.
  • Train workers on fall protection and prevention of electrocutions, caught-between and struck-by accidents
  • Train select personnel in basic first aid and CPR
  • Train personnel in hazard communications.
  • Make material safety data sheets (MSDSs) available to any requesting employee.
  • Train workers in any other aspects that will enable them to do their jobs safely.
Cooperation with OSHA

Participants agree to allow OSHA to conduct annual on site enforcement verification visits in accordance with this partnership agreement. These inspections may result in citations and penalties being issued to the company.
Participants agree to cooperate with OSHA during all inspections and to share information on its safety and health program, program analysis, recordkeeping data, and internal inspection/audit results.
Participants agree to allow an employee representative to participate on OSHA inspections and to allow interviews with workers.
Participants will post notices of imminent danger, when issued by OSHA, and then will immediately correct the hazards or voluntarily remove workers from exposure.

OSHA Commitment and Partnership Benefits

So long as the company is meeting the intent of the partnership, OSHA on site enforcement verification visits will be limited in scope to a review and evaluation of the safety and health program, analysis of injuries, interviews of select employees to verify quality, and then a focused inspection to verify compliance. The enforcement verification visits will be conducted within 6 months of the partner member signing. During OSHA inspections of non-participant contractors, any partner members present will not be included in the inspection.
Partnership members will be eligible for penalty reductions described in the OSHA field inspection reference manual.
OSHA will endeavor to support the company in reasonable requested training.
OSHA will furnish technical advice, publications and training material to the employer upon request. Such requests will not cause an OSHA inspection.
Informal complaints (unsigned) --- participant will have an opportunity to resolve such complaints; however, if corrections are inadequate, an inspection may be made to compel compliance.
OSHA may arrange quarterly conference calls among all active participants in the partnership.

Verification Type and Deletion from Programmed Inspection Lists
OSP verifications must be performed in accordance with the OSP Program Directive, CSP [03-02-002]. Benefits are based on the verification protocols, as follows:

Upon entry into the Partnership, each construction participant will advise the Austin Area Office of the number and location of active sites covered by the partnership. Based on the active number of active sites and the criteria detailed in Attachment A of OSHA's Clarification of Verification and Exemption Policies for OSPP Construction Participants (June 1, 2006), OSHA will determine the number of onsite enforcement inspections each participant must undergo to gain a programmed inspection exemption for all of its worksites within the Area Office's jurisdiction. OSHA will conduct a minimum of one onsite enforcement inspection each year to offer an OSP partner a programmed inspection exemption for all partner worksites located within the jurisdiction of the Area Office. The exemption will be valid for one year from the date of the last enforcement verification visit closing conference. The number of onsite enforcement verification visits should not be more than the number of programmed inspections, including programmed focused inspections, the Area Director would otherwise expect that participant to receive within the geographic scope of the partnership in a given year.

Partnership Limitations

It is stipulated that partnering employers remain subject to OSHA inspections and investigations in accordance with established Agency procedures.

Limited Scope Inspections
OSHA will conduct unprogrammed inspections in accordance with the current Agency enforcement policies and procedures, as specified in the Field Inspection Reference Manual CPL 2.103
OSHA will conduct accident investigations.
OSHA will conduct investigations of formal (signed) complaints and informal (unsigned) complaints that do not result in voluntary and adequate corrections by the employer.

Partnership Review:

Partnership agreement will be reviewed in the event of a fatality, catastrophic event, or poor performance identified in an OSHA evaluation. The review will determine whether the agreement will continue.

Partnership Evaluation:

The partnership will be evaluated by the OSHA Area office on an annual basis, in accordance with established Agency procedures. OSHA may ask that the following information be provided by the company during the on-site enforcement verification visit, for review or collection by OSHA.

OSHA 300 Log of Injuries and Illnesses
Exposure assessment data for all hazardous chemicals to which employees may exposed
Number of employee complaints, number of training sessions held, and number of employees and supervisors/managers trained
Number of and results of safety /health audits and inspections, which may include hazards identified and corrected
Documentation of employee involvement, including minutes of safety meeting
Documentation of communication between management and employees (may include computer memos, feedback on each suggestion, or other appropriate documentation)
Consultation (OSHCON) visits received
Participation in health or safety seminars (i.e. 10 and 30-Hour Construction Safety and Health Courses, Safety and Health Fair, Trade Shows, etc)

Partnership Management:

Partner members will provide a SHARE Application Site Information Form to the AGC of partnership job sites. The AGC will then forward the site information to the OSHA Area Office. The AGC will be responsible for providing the required data to the Compliance Assistance Specialist at the OSHA office which coordinates the agreement. Annual evaluations will be completed and submitted in a timely manner to OSHA Directorate of Cooperative and State Programs (DCSP). Conference calls will be held on a quarterly basis and face-to-face meetings will be held annually as resources permit.

Partnership Termination

This partnership will expire three years from the date of signing.

For non-signatory participants of the strategic partnership, OSHA may terminate the participant's membership at any time with written notice. Additionally, the participant may withdraw from the strategic partnership at any time with a written notice to OSHA.

OSHA will terminate the participant's agreement for any sustained willful violation or any sustained failure-to-abate situations.

OSHA will terminate the participant's agreement for any major identified program discrepancy that is not improved within a reasonable and agreed upon time frame.

OSHA will terminate the participant's agreement in the event of proven and unresolved discrimination against employees who exercise their protected safety and health rights under the OSH Act.

Signed on February 28, 2008.

 



 
David E. Baer
President, Board of Directors
Associated General Contractors of America
San Antonio Chapter
 



 
Eric S. Harbin
Area Director
Austin Area Office
U. S. DOL – OSHA
 


SHARE Management Commitment Letter
SHARE APPLICATION SITE INFORMATION
SHARE SELF INSPECTION
Associated General Contractors Occupational Safety and Health Administration
Mr. Eric S. Harbin
U.S. Department of Labor – OSHA
1033 La Posada Drive, Suite 375
Austin, TX 78752

Dear Mr. Harbin,

__(Employer Name)___ is a member of the AGC San Antonio Chapter. We are committed to developing a comprehensive safety and health program that will involve employees at all levels. It is our goal to include the employee in safety and health inspections, and safety and health program analysis.

__(Employer Name)___ will focus our efforts on providing safety and health training to our employees in the four areas where most accidents occur in the construction industry: falls, struck by, caught in between and electrocutions hazards. To accomplish this goal, we will utilize the AGC Safety professional to assure that we will keep records of all injuries occurring in the work place, conduct inspections of the work place and provide training to all employees.



Signature
Title
Company Name
Date


 
SHARE APPLICATION SITE INFORMATION

Employer Name ____________________________

Name of Project ____________________________

Address site ____________________________

____________________________

Contact Person ____________________________

Email address ____________________________

Phone ____________________ Fax _____________________

Start Date: ____________________________

Completion Date: ____________________________


 
SHARE SELF INSPECTION

Employer Name ____________________________

Name of Project ____________________________

Inspection Date(s): ____________________________

Total number of employee's on-site _______________

Accident Information:

Number of lost time cases __________

Number of restricted cases __________

Hazards identified and corrected:

Falls
_____________
(floors, platforms, roofs)

Electrical _____________
(overhead power lines, power tools and cords, outlets, temporary wiring)

Struck By _____________
(falling objects and vehicles)

Caught-in/Between _____________
(cave-ins, unguarded machinery, equipment)

Other hazards _____________

Training (optional)

# of employees ________________ X # of hours ______________ = Total Hours ___________

# of managers _________________ X # of hours ______________ = Total Hours ___________


Inspection Conducted by:
________________________________


 
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Page last updated: 07/14/2008