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AGREEMENT ESTABLISHING AN ALLIANCE BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
U.S. DEPARTMENT OF LABOR
AVENEL, HASBROUCK HEIGHTS, MARLTON AND PARSIPPANY AREA OFFICES
AND
THE UTILITY AND TRANSPORTATION CONTRACTORS ASSOCIATION OF NEW
JERSEY (UTCANJ); ASSOCIATED GENERAL CONTRACTORS OF NEW JERSEY
(AGCNJ); LABORERS’ INTERNATIONAL LOCALS 472 & 172; NEW JERSEY
LABORERS’ HEALTH AND SAFETY FUND; NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR
SERVICES; THE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE
DEVELOPMENT, ON-SITE CONSULTATION SERVICE AND THE
NEW JERSEY DEPARTMENT OF TRANSPORTATION
HERINAFTER REFERRED TO AS THE NEW JERSEY SILICA OUTREACH AND RESEARCH (NJSOAR) ALLIANCE

The Occupational Safety and Health Administration (OSHA), and the NJSOAR Alliance partners recognize the value of establishing a collaborative relationship to foster safer and more healthful American workplaces OSHA and the NJSOAR Alliance partners hereby form an Alliance to provide NJSOAR members and others with information, guidance, and access to training resources that will help them protect employees’ health and safety, particularly in reducing and preventing excessive exposure to respirable crystalline silica while performing tasks in general industry and the construction industry that are known to result in overexposures. In developing this Alliance, OSHA and the NJSOAR Alliance Partners recognize that OSHA’s State Plan and Consultation Project partners are an integral part of the OSHA national effort.

NJSOAR Alliance Partners will work together to achieve the following training and education goals:
  • Work with OSHA to provide expertise to develop training and education programs for employers and employees regarding the hazards of crystalline silica exposure and protective measures that can be taken to minimize or eliminate exposure, and to provide expertise in communicating such information to employers and employees in industries where this exposure is prevalent. These training and education programs will be delivered in other languages, where necessary and feasible, for employers and employees.

  • Provide expertise to develop a training and education program designed to educate employers and employees in all aspects of effective engineering controls that have been identified or developed by the NJ Silica Partnership and NJSOAR Alliance for crystalline silica and other particulates.
NJSOAR Alliance Partners will work together to achieve the following outreach and communication goals:
  • Promote and encourage the development and use, by controlling organizations (contracting entities) such as county governments, municipal governments, and engineering firms, of contract language, similar to that which was developed by the NJ Silica Partnership for the NJDOT, that provides specific protection of employees from exposure to crystalline silica.

  • Provide outreach to private organizations, such as trade and contractor associations, that represent private contracting entities, to promote and encourage the use of contract language mentioned above for contracts that require activities that can create excessive crystalline silica exposure.

  • Develop and disseminate information, such as sample tool box talks and the training program developed by the Laborers’ Union on Road Construction Hazards Awareness, through print and electronic media, including electronic tools and links from OSHA’s and other NJSOAR Alliance partners’ Web sites.

  • Speak, exhibit, or appear at NJSOAR Alliance partners’ conferences and local meetings regarding NJSOAR activities and the hazards of crystalline silica exposure.

  • Cross-train OSHA personnel and industry safety and health professionals in NJSOAR Alliance identified best practices or effective approaches to controlling exposure to crystalline silica, as jointly determined by OSHA and the NJSOAR Alliance partners.

  • Share information on best practices, as jointly determined by NJSOAR Alliance partners, with others in the industry and publicize the results through outreach, such as early morning mini-seminars for contractors, delivered by NJSOAR Alliance partners using OSHA and/or NJSOAR Alliance Partner developed training programs and materials.

  • Encourage employers to build relationships with NJSOAR Alliance participants and OSHA’s Regional and Area Offices to address health and safety issues, including crystalline silica exposure.

  • Participate in research with the goal of identifying existing engineering controls and development of new engineering controls for hazardous tasks that have been identified as creating excessive crystalline silica exposure in all industries including the heavy highway construction industry and sharing the information gleaned from such activities with the affected industries.
OSHA and the NJSOAR will work together to achieve the following goals related to promoting the national dialogue on workplace safety and health:
  • NJSOAR Alliance partners will, as a united front, endeavor to raise others’ awareness of, and demonstrate their own commitment to, workplace safety and health whenever NJSOAR Alliance leaders address appropriate groups.

  • Develop effective ways to increase dialogue relating to engineering controls for the reduction of exposure to crystalline silica as well as other safety and health issues. An example would include, but not be limited to, enlisting the assistance of equipment and material suppliers and municipal/county governments to engage road and highway contractors, especially small and mid-sized contractors in discussions regarding the hazards and controls for crystalline silica exposure.

  • Develop means to bring national attention to the need for engineering controls for high-risk tasks in street and highway construction and other industries through dialogue with governmental and private entities at the national level such as national associations, OSHA, NIOSH, and the Federal Highway Administration.

  • Develop and disseminate case studies illustrating the efficacy of engineering controls that are found to be effective in controlling crystalline silica exposure through local and national publications such as NJ Association newsletters, OSHA’s and NIOSH’s Web sites and national safety and health publications.

  • Convene or participate in forums, round table discussions, stakeholder meetings and other activities on silica-related issues including the development and/or identification of effective engineering controls, silicosis prevention programs and personal protective equipment to enhance the development of innovative silica hazard control solutions.

  • Engage construction equipment manufacturers and suppliers to encourage increased development and availability of engineering controls for the equipment they manufacture, distribute or lease, that has been associated with crystalline silica exposure, including but not limited to, pneumatic hammers, concrete saws, demo saws, concrete drilling equipment, etc.
OSHA’s Alliances provide parties an opportunity to participate in a voluntary cooperative relationship with OSHA for purposes such as training and education, outreach and communication and promoting a national dialogue on workplace safety and health. These Alliances have proved to be valuable tools for both OSHA and its Alliance participants. By entering into an Alliance with a party, OSHA is not endorsing any of that party’s products or services; nor does the Agency enter into an Alliance with the purpose of promoting a particular party’s products or services.

An implementation team made up of representatives of all NJSOAR Alliance signatory member organizations will meet to develop a plan of action, determine working procedures, and identify the roles and responsibilities of the participants. In addition, they will meet or conference at least quarterly to track and share information on activities and results in achieving the goals of the Alliance. The National Institutes for Occupational Safety and Health (NIOSH) is also invited to participate as a key member of the implementation team as resources permit.

This agreement will remain in effect for two years from the date of signing. Any signatory may terminate it for any reason at any time, provided they give 30 days written notice. This agreement may be modified at any time with the concurrence of all signatories.

Signed on this 13th day of April, 2006.

 



 
Patricia K. Clark
Regional Administrator
U.S. Department of Labor
 


 
Brian Tobin
Executive Director
Associated General Contractors of
New Jersey
 



 
Robert D. Kulick
Area Director
Avenel Area Office
 


 
Eric Larkin
Director of Safety
Utility and Transportation Contractors Association of New Jersey
 



 
Gary W. Roskoski
Area Director
Marlton Area Office
 


 
Louis Giammarino
President
Heavy and General Construction Laborers Local 472
 



 
Lisa Levy
Area Director
Hasbrouck Heights Area Office
 


 
E. Frank DiAntonio
President and Business Manager
Construction and General Laborers
Local 172
 



 
Philip M. Peist
Are Director
Parsippany Area Office
 


 
Eddy A. Bresnitz, MD, MS
Deputy Commissioner/State
Epidemiologist
New Jersey Department of Health &
Senior Services
 



 
Leonard Katz
Assistant Commissioner
Labor Standards and Safety
Enforcement
New Jersey Department of Labor and Workforce Development
 


 
Joseph A. McNamara
Director
New Jersey Laborers’ Health & Safety Fund
 
   


 
Anker Winther
Supervising Engineer
New Jersey Department of Transportation Office of Capital Project Safety
 
 
 
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