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STRATEGIC PARTNERSHIP AGREEMENT BETWEEN
OSHA, IBEW, ELECTRICAL TRANSMISSION & DISTRIBUTION
CONSTRUCTION CONTRACTORS, AND TRADE ASSOCIATIONS
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Identification of the Partners: The partners to this agreement include:
- Asplundh Tree Expert Co., Henkels & McCoy, Inc., MDU Construction Services
Group, Inc., MYR Group, Inc., Pike Electric, Inc., Quanta Services, Inc.
(hereinafter collectively “the Electrical Construction Contractors”);
- International Brotherhood of Electrical Workers (IBEW);
- the National Electrical Contractors Association (NECA) and Edison Electric
Institute (EEI) (hereinafter collectively “the Trade Associations”); and
- the United States Department of Labor, Occupational Safety and Health
Administration (OSHA).
When referring to agreements, activities, or roles specific to all of the
partners except OSHA, this document refers to agreements, activities, or roles
of the "Industry Partners."
Commitment: OSHA, the Electrical Construction Contractors, the IBEW and the
Trade Associations, through a common vision, are committed to providing
contractor employees in the electrical transmission and distribution industry
(the “Industry”) a safe and healthful work place and to demonstrating
leadership, responsibility and accountability in furthering worker health and
safety.
Goals: The universal goal of the Partnership is to reduce the number of
fatalities, injuries, and illnesses in the Industry. The proposed goals,
strategies, and metrics for obtaining this universal goal are set forth in
Appendix A. The Partnership encourages other non-partnership members in the
industry to reduce and eliminate serious injuries and fatalities.
Cooperation: The specific impetus behind this Partnership is to provide a safer
and more healthful work environment for union and non-union contractor workers
in the Industry.
To that end, the Industry Partners undertake this Partnership pursuant to a
non-competition, non-admission and non-aggression agreement by which all
Industry Partners agree to mutual cooperation and to put aside differences in
whatever form they may take (union vs. management; company vs. company;
non-union vs. union), in order to focus on the reduction of injuries and
fatalities in the Industry as a whole.
This Partnership is consistent with OSHA’s efforts to develop employer
/labor/government strategic partnership approaches to further occupational
safety and health. It allows for effective use of OSHA resources, innovation in
safety management, and encourages participation in the safety process by
industry members, employees, and other interested parties. OSHA will provide
resources appropriate to assist the Industry Partners in achieving the goal of
reducing the number of fatalities, injuries, and illnesses in the Industry. In
executing this agreement, OSHA does not forfeit any of its responsibilities or
obligations to administer and enforce the OSH (Occupational Safety and Health)
Act.
The Partnership will review and potentially integrate concepts developed by
existing efforts such as:
- NECA / OSHA Alliance
- The Utility Industry Group (UIG)
- SELCAT / NECA / OSHA Southeast Alliance
- California IBEW / NECA Safety Committee Initiatives
- Entergy / Entergy Transmission & Distribution Contractors Safety Council / OSHA Baton Rouge Area Office Alliance
- National Joint Apprenticeship Training Committee
Roles and Responsibilities: The Partnership will involve a multi-tiered approach
utilizing an Executive Team, a Steering Team, and Task Teams to develop findings
and recommendations that will then be reviewed and adopted by consensus.
The Executive Team will be comprised of the Chief Executive Officer (“CEO”) or
designated top official of each Industry Partner. The Executive Team will meet
at least bi-annually to consider findings and recommendations and to adopt
consensus solutions which then may be implemented by the relevant Industry
Partners. The Executive Team will be comprised of a maximum of one (1) person
per Industry Partner. The Executive Team will have authority to resolve any
issues that arise at the Steering Team or Task Team levels. Actions on behalf of
the Partnership will not be undertaken absent consensus resolution of the
Executive Team. An OSHA representative will act as a non-voting partner to the
Executive Team. The OSHA representative’s role will be to offer consultation and
advice to the Executive Team, as appropriate.
The Steering Team will be comprised of one member from each of the Partners, who
is the person principally responsible for employee safety and health for that
Industry Partner. The OSHA representatives will act as a non-voting partner to
the Steering Team. The OSHA representative’s role will be to offer consultation
and advice to the Steering Team, as appropriate.
The purpose of the Steering Team is to perform activities to manage the
Partnership including but not limited to: develop an implementation plan,
conduct incident trend analysis, collect and review data and reports, develop
and track training initiatives, clarify compliance strategies, approve goals and
timetables, evaluate the Partnership and establish and coordinate the activities
of the Task Teams. The Steering Team will meet at least quarterly, and more
frequently as appropriate, to resolve issues that arise with respect to the
Partnership. In addition, the Steering Team members designated by the Industry
Partners will review and revise findings and recommendations received from Task
Teams, and when appropriate, will forward findings and recommendations to the
Executive Team for consideration as Partnership consensus solutions.
Task Teams will be given assignments by the Steering Team to focus on one or
more discrete topics. The Task Teams will be given a set of goals and a
timetable for reporting back to the Steering Team its findings and
recommendations. These working groups shall be relatively small and efficient in
reviewing all available private and public sector data. These working groups are
open to members of the Trade Associations (for example, NECA or EEI member
companies) and other outside resources identified by the task team to assist it
in its efforts. The OSHA representatives will act as non-voting liaisons to the
Task Teams. The OSHA representatives' role will be to offer consultation and
advice to the Task Teams, as appropriate. To the extent that resources are
available and consistent with statutory obligations and limitations, OSHA also
will provide appropriate resources to support Task Team efforts.
Objective: The Partners agree to construct a Partnership based on mutual respect
and trust that leverages the resources of the Partners through the systematic
anticipation, identification, evaluation, and control of health and safety
hazards during electrical construction transmission and distribution work,
thereby continuously reducing worker fatalities, injuries, and illnesses in the
Industry.
Partnership Assessment and Measurement System: The goals, strategies, and
metrics to assess and measure the progress of this Partnership are identified in
Appendix A. The goals, strategies, and metrics may be subject to review and
modification by the Executive Team, with OSHA input, as appropriate. The
Partners will be responsible for the Partnership’s Annual Evaluation Report
pursuant to established evaluation format set forth in Appendix C of the OSHA
Strategic Partnership Directive, and will include recommendations for
improvement for the following year. The evaluation is due every year on or about
the anniversary of the Partnership signing date.
OSHA will conduct annual offsite evaluations of the Partnership concurrently
with the Executive Team’s annual Partnership evaluation. To perform its annual
evaluation, OSHA will review data gathered and reports generated by the
Partnership as the Partnership works to achieve the goals specified in Appendix
A.
Safety and Health Management System: Each of the Electrical Construction
Contractors represent that they have a written and implemented formal safety and
health management system employing health and safety professionals at the
operations and corporate levels. The Electrical Construction Contractors further
represent that these safety and health management systems include all the
elements described in “OSHA’s Safety and Health Management Guidelines” dated
January 26, 1989. With respect to unionized Electrical Construction Contractors,
each represent that they have formal commitment statements from management and
the IBEW leadership and/or affected IBEW local unions in every collective
bargaining agreement (CBA) by and between the various Electrical Construction
Contractors and unions. The leadership of the Electrical Construction
Contractors, whether union or non-union, and the IBEW recognize the need to
continuously improve in health and safety efforts. These efforts are supported
by the Trade Associations through their safety and health programs and
alliances.
Knowledge and Technology Transfer: OSHA, the Electrical Construction
Contractors, the IBEW and the Trade Associations have conducted health and
safety research regarding the causes of accidents and fatalities in the
Industry. This effort is undertaken on a non-judgmental basis and all
information shall be submitted without company identifiers. OSHA pledges to use
its available databases to develop data on accidents involving death or serious
injuries over the last five years for the purpose of analyzing potential causes
of serious incidents and fatalities. The Electrical Construction Contractors and
the IBEW will make available information on their accidents. The Trade
Associations will make available accident information voluntarily supplied by
their members. Accident information will be provided in a manner that can be
used effectively to identify the cause(s) of the accident and to prevent future
accidents, but shall not include company or other individual identifiers.
Nothing in the agreement will require Partners to disclose information related
to open investigations, open cases (i.e. those not subject to a Final Order of
the Occupational Safety and Health Review Commission or the relevant court of
competent jurisdiction), or information subject to privilege.
OSHA Inspections: The Industry Partners recognize that this Partnership does not
preclude OSHA inspections to investigate compliance with the OSH Act in
accordance with OSHA enforcement procedures. This Partnership does not affect
the manner in which OSHA will respond to complaints regarding workplace safety
and health hazards; OSHA’s inspection and investigation practices are detailed
in the effective OSHA instruction concerning complaint policies and procedures.
The agency's general policies provide for good-faith penalty reductions for
effective safety and health management systems. Penalties generally will not be
assessed against Industry Partners for non-serious violations, provided that
they are abated the same day as the inspection. Inspections of limited scope may
be conducted with respect to the industry in accordance with OSHA policy and
shall reflect all significant hazards in the industry as identified by OSHA with
input from the other partners.
Initiation and Termination of Agreement/Continued Participation: The Partnership
agreement is effective on the date of signing and will remain in effect until
midnight two years from the date of signing. After year two of this Partnership,
the Partners will have an option to extend this Partnership. Without regard to
the two year term, thirty days or more after providing all partners with notice,
any Partner can terminate its involvement in the Partnership and its obligations
pursuant to the Partnership and to the other Partners. Continued participation
in the Partnership is contingent on a Partner’s continued ability and
willingness to act in a manner designed to achieve the Goals established in the
Agreement and to comply with the terms of the Agreement. Such determinations
shall be made by consensus of the Executive Team.
Modifications and Changes To Agreement: Any modifications or changes to the
Partnership Agreement shall be subject to the consensus approval of the
Executive Team. To the extent that additional organizations desire to join the
Partnership, they must submit a Letter of Intent to Participate (Appendix B) and
their approval and the extent of their participation (i.e. membership on the
Executive Team) shall be subject to objective criteria established by the
Executive Team, including: the employment or representation of workers in the
Industry; the willingness to develop and implement a written safety and health
management system, as detailed in this agreement; and the ability and
willingness to further the goals established in this agreement. Such
determinations shall be made by consensus of the Executive Team.
State Plans: The Electrical Construction Contractors and OSHA recognize that
certain worksites of the Electrical Construction Contractors are and will be
located in states which have assumed authority for the enforcement of OSHA
standards pursuant to Section 18 of the OSH Act. State agencies that enforce
OSHA standards in states with approved OSHA plans will be encouraged to
participate in the Partnership in a manner that will further the goals
established in this Agreement.
Rights and Obligations of the Partners and Employees: The provisions of this
agreement shall not modify any legal or contractual rights, obligations, or
remedies. This Partnership does not preclude employees from exercising any right
provided under the OSH Act, nor does it abrogate any responsibility to comply
with rules and regulations adopted pursuant to the Act. All OSHA undertakings
under this agreement are subject to the availability of appropriated funds.
Effect on Pending Litigation: Neither the fact of this agreement, nor the
adoption of any consensus solutions pursuant to this agreement, may be used by
any Partner (or entity related to a Partner) to advance its interests in any
litigation (criminal or civil) that is pending on the date that the Partnership
is executed.
Signature Page
Based upon a mutual interest to reduce fatalities, injuries and illnesses, the
Partners below, on behalf of their respective organizations, agree to the above
terms of an OSHA Partnering Agreement.
Signed this 16th day of September 2008.
PARTNERS
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For OSHA
_______________________________
Edwin G. Foulke, Jr.
Assistant Secretary of Labor |
For Henkels & McCoy, Inc.
_______________________________
T. Roderick Henkels
President and Chief Executive Officer |
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For International Brotherhood
of Electrical Workers, AFL-CIO
_______________________________
Jerry Westerholm
Director, Construction and Maintenance |
For Edison Electric Institute
_______________________________
Charles J. Kelly
Director of Industry Human Resource Issues
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For National Electrical
Contractors Association
_______________________________
John M. Grau
Chief Executive Officer |
For Asplundh Tree Expert Co.
_______________________________
George Graham
President, Asplundh-Utilicon Solutions, Ltd. |
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For MYR Group Inc.
_______________________________
William A. Koertner
President and Chief Executive Officer |
For Pike Electric, Inc.
_______________________________
J. Eric Pike
President and Chief Executive Officer |
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For Quanta Services, Inc.
_______________________________
John R. Colson
President and Chief Executive Officer |
For MDU Construction Services
Group, Inc.
_______________________________
John Harp
President and Chief Executive Officer |
Appendix A – Proposed Goals,
Strategies and Metrics
| Goals |
Strategies |
Metrics |
| 1. Perform data analysis as a
means to establish causes of fatalities, injuries, and illnesses for
electrical work in the Industry. (Data for work performed under both normal
and emergency situations will be included.) |
Through a specific Task Team:
- Obtain industry-specific Days Away from Work, Restricted Work
Activity, or Job Transfer (DART) and Total Case Incident Rate (TCIR) Rates
based upon partner recordable injuries and illnesses per man hour worked
annually.
- Develop a concise database of accidents and incidents involving
fatalities and serious injuries.
- Analyze accident and incident data to identify common causes for
fatalities, injuries, and illnesses suffered by linemen, apprentices, and
other appropriate job classifications. (The Steering Team will determine
the manner in which data will be collected and reported.)
Through the Steering Team:
- Based on collected data, identify and prioritize the target areas that
are causing serious injuries and fatalities. Areas covered may include PPE
requirements, approach distances, and grounding. The designated areas will
be assigned to specific Task Teams to develop strategies for addressing
these causes, including:
- Consensus Best Practices
- Training
- Outreach and communication
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Develop Metrics, including but
not limited to:
- Baseline DART and TCIR Rates for Partners compared to published BLS
averages for the industry, and any other metrics identified by the
Steering Team.
|
| 2. Develop Best Practices to
reduce the number of fatalities, injuries and illnesses that directly
correspond to the identified causes, as well as any other significant
hazards identified by the Partnership. |
Through a specific Task Team:
- Develop consensus Best Practices for each identified cause. These causes
will relate to the maintenance, repair, and construction of transmission and
distribution systems. (Procedures should be appropriate under both normal
and emergency situations.)
- Share Best Practices among Partners.
- Develop implementation strategies for each Best Practice. Implementation
strategies should include all major milestones, projected timelines, and
means of verification.
- Recognize implementation of Best Practices and post results on a common
Partnership website.
- Evaluate the media utilized by all members to present Best Practices.
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Develop Metrics related to
required work practices, including but not limited to:
- Number of consensus best practices developed.
- Number of consensus Best Practices posted on common website or through
other electronic tools.
- Number of best practices effectively implemented by Partners.
|
3. Ensure that the Industry
Partners’ employees are effectively trained to utilize
the established Best Practices, including:
(a) minimum qualifications of T&D construction linemen;
(b) standards for quality and consistency of training for:
- apprentices and
- in service training for lineworkers;
(c) minimum skill set qualifications for T&D construction foremen, general
foremen, and supervisors;
(d) retraining/refresher training of linemen, foremen, general foremen and
supervisors.
|
Through a specific Task Team,
in addition to training required pursuant to the OSH Act:
- Identify training criteria for foremen, general foremen, and supervisors,
including training to promote industry culture change to place value on
safety and health.
- Identify training criteria for linemen, including training to promote
industry culture change to place value on safety and health.
- Identify training criteria for apprentices, including training to promote
industry culture change to place value on safety and health.
- Develop a procedure for uniform evaluation and communication of skill
levels (i.e. SmartCard or like database system).
- Develop a procedure for certification or documentation of training prior
to starting a new or changed job with participants.
- Develop a means for Partners to address repeated failures to follow
training and violations of safety procedures.
- Create re-training/refresher standards for linemen, apprentices, foremen,
general foremen, supervisors, and any other relevant job classifications.
|
Develop Metrics related to
required training/retraining
and refresher training requirements, including but not
limited to:
- Number or percentage of supervisors receiving the minimum training and/or
re-training
- Number or percentage of lineman receiving the minimum training and/or
re-training
- Number or percentage of apprentices receiving the minimum training and/or
re-training
- Number or percentage of linemen and supervisors receiving certification,
when developed.
- Number or percentage of employees who have successfully mastered skills
and procedures established in Best Practices.
|
| 4. Effectively communicate
safety and health Best Practices, and other useful safety and health
information, within the Industry. |
Establish a clear, strong
means of communication to promote a cooperative approach between employers,
employees and government, including, but not limited to:
- Create a centralized Partnership database or web page that includes the
established Best Practices.
- Share information with OSHA compliance personnel regarding the electric
utility industry in general and the power line contracting segment in
particular.
|
Develop Metrics, including but
not limited to:
- Number of Partner-lead meetings held to communicate Industry information
to OSHA compliance personnel.
- Number of OSHA personnel attending training sessions conducted by the
Partners.
- Number of database/web hits to centralized Best Practices site.
|
| 5. Establish an effective
evaluation strategy to ensure that the goals of the OSP are met. |
- The Steering Committee is to
regularly review collected data against the goals laid out in the OSP.
- Both the Steering Committee and the Executive Team, with assistance from OSHA, are to track the Partnership’s progress against the agreed upon BLS
national averages in regards to fatalities, injuries, and illnesses.
- Via the Annual Evaluation Report, OSHA and its Partners are to determine
if goals are met and strategies properly implemented based on the analysis
of collected data. (AER will not contain Partner-specific information.)
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Develop metrics, including but
not limited to:
- Number of injuries and illnesses experienced by Partnership employees
compared to the Partnership’s employees’ past frequency rate as measured per
100 man-hours worked annually. Where as: N x 200,000 / total hours worked.
(N = Electrical/flash injuries).
- Other types of data collection, such as employee surveys and employee
interviews during inspections, will be considered to measure intangible
improvements, such as work safety culture evolvements.
- Number of safety and health management systems implemented/improved.
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Appendix B
LETTER OF INTENT TO PARTICIPATE
ELECTRICAL TRANSMISSION & DISTRIBUTION ELECTRICAL CONSTRUCTION CONTRACTORS
SAFETY PARTNERSHIP
Name of Organization:________________________________________________________
Organization
Representative:___________________________________________________
We have read the terms of the Transmission & Distribution Electrical
Construction Contractors Safety Partnership and agree with all aspects of the
program, including the submission of the required information. Specifically,
we recognize the need to meet the following requirements:
- Establishment of a written safety and health management system including
the following elements: management leadership, worker involvement, worksite
analysis, hazard prevention and control, and safety and health training.
- Compliance with the OSH Act and all current OSHA standards.
- Provision of visible leadership by management and supervisors in
implementing the safety and health program.
- Participation in Task Teams in order to accomplish the objectives and
strategies of the Partnership.
Based upon the mutual interest to reduce fatalities, injuries and illnesses in
the industry, we agree to the terms of the OSHA Partnering Agreement.
Signed this ___ day of ________________, 200__.
_______________________________
_______________________________
(Title)
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