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A partnering program betweenthe

and the

Occupational Safety and Health Division
of the Minnesota Department of Labor and Industry
February 24, 2003
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J~n Jenkins, AG~"SI~,

CEO
Committee Chair

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Patricia Todd, Director ofMNOSHA Compliance

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~ Minnesota CHASE Committee

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Doug S.fenson,AGC Minnesota CHASE Committee

AGC of Minnesota and Minnesota OSHA's Partnership Program (CHASE) Construction Health and Safety ExcellenceProgram Definition Page
(Accident) An undesirable eventthat resultsfrom a failure to meetacceptable standards and causes harm to people,property,or processes. (A W AIR) A workplaceaccidentand injury reductionprogram. (OSlll) OccupationalSafetyand Health mvestigator.

(CHASE) ConstructionHealth and SafetyExcellence. (Designated SafetyPersonnel)A person,throughtraining and experience, mustbe ableto recognizehazards and will havethe authority to takeprompt correctiveaction. (ERTK)
Employee Right- To-Know Program.

(Field ConstructionSupervisoryPersonnel) definedas anyonein the field that is authorized to assignor makedecisionsaboutthe work task. (Near-Miss)An incident creates hazardthat may, or may not, result in an accident. a It is a failure to meet acceptable standards. (Programmed Inspection)is aimedat high-risk areas basedon OSHA's targetingand priority methods,basedon factorssuchas workers' compensation claims or current specialemphasis programs. (Qualifying Inspection)is ajobsite inspectionto detenninedegreeof excellences the level for the applicantis seeking. (Unprogrammed Inspection)is perfonnedonly in response reportsof imminent danger, to fatalities/catastrophes, fonnal complaints. and

Definitions of CHASE Program Award Levels of Participation
(Red Level) is the basiclevel in the CHASE programfor applicantswantingto meetthe basicminimum requirements a Safetyand Health Program. of (White Level) is the intennediatelevel in the CHASE programfor applicants desiringa more comprehensive SafetyandHealth Program.

(Blue Level) is the peak level in the CHASE programfor applicantsstriving to be an industry leaderwith a very comprehensive SafetyandHealthprogram.

AGC of Minnesota and Minnesota OSHA's Partnership Program (CHASE) Construction Health and Safety ExcellenceProgram I.
PARTNERSHIP BACKGROUND

In October, 2002, the AssociatedGeneralContractorsof Minnesota and the OccupationalSafety and Health Division of Minnesota OSHA met to discussa partnershipcharterthat mutually recognizedthe importanceof providing a safe and healthful work environmentin the constructionindustry in addition to formalizing a long standing relationship betweenour two organizations. advanceour mutual goal, we strongly agreedon the To need to develop a working relationship that createsmutual trust and respect for the respectiveroles of each organization in the constructionsafety process.It was agreedupon that the ConstructionHealth and Safety Excellence(CHASE) partnershipagreement would be the basisfor our local agreement.

n.
1.

CBASE-MINNESOT A PARTNERSHIP Program Expectations.

This partnership agreementhas been negotiated between the AGC of Minnesota and MNOSHA Office representingMinnesota. Owners, Labor and other organizationsare encouraged endorseand participate as to signatorypartnersin the CHASE-MINNESOTA program. A. Implementationof this program is expectedto result in decreased serious injuries. illnesses.and fatalities for participating contractorsand the improvementof existing safety and health programs within the Stateof Minnesota. B. This agreement provides for incentivesto constructioncontractorsthat voluntarily participatein the programand demonstrate implementation effective safetyandhealthprograms. of C. This agreement will not in any way affect the employer'sor the employees'ability to exercisetheir rights under the OSHA Act and OSHAIMNOSHA regulations.

2. SpecificGoalsof the Partnership.
A To reduce by 3% annually the number of injuries, illnesses, and fatalities affecting participant employers,with an emphasis reducinginjuries and fatalities resulting from thosehazards on that are the four leading causesof death on construction sites (falls, struck-by, caught in/between and electrocutions).
B.

To increasethe nwnber of generaland specialty contractorswho implement effective safety and health programsand provide effective safety and health training for management, supervisorsand employees.

C. To recognize those contractorswith exemplary safety and health programs and effective sitespecific safetyandhealthplans.

D. To promote open lines of communicationbetween MNOSHA and the ConstructionIndustry in
pursuit of safety.

3.

Program Implementation.

Once a partnershiphas beenestablished betweenAGC of Minnesotaand the MNOSHA Office, the Minnesota AGC Safety & Health Committee or designatedrepresentatives will infonn individual memberswho have successfullycompletedthe application processand are thus eligible for participation in the Partnership.The AGC of Minnesota will then follow the proceduresdeveloped in the statewide partnershipto infonn the MinnesotaOSHA Area Director of the qualified contractors. 4. Eligibility Requirements for the Multi-Step Program: RED, WHITE AND BLUE. A The CHASE-Minnesota Programwill be implemented threelevels:RED, WHITE and BLUE. in B. Applications may be submittedat the beginningof eachquarter.Eligibility statusmust be renewed on an annualbasis.New and renewalapplicantswill: 1) Complete the two-part CHASE-Minnesotaapplication fonn (see Appendix A). The first part of the fonn will requestdata from the summaryof the contractor'sOSHA's Fonn 300 Log of Work-RelatedInjuries and illnesses.The secondpart of the fonn will be a self-audit evaluationchecklist, which will require applicantsto answera seriesof questionsrelatedto their safetyprogram. 2) The Minnesota AGC Safety & Health Committee or the Chapter's designated representative will administerthe self-audit evaluationof the CHASE-MinnesotaProgram. The Committee is comprised of representativesfrom AGC member companies, or a designated representative appointedby the AGC membercompanies. Either will approveor reject the CHASE-Minnesotaapplication. Local MNOSHA area offices will serve in an advisory capacity to the AGC Safety & Health Committee or its designated representative. 3) The CHASE-MinnesotaProgramhas three award levels. Entry into the RED, WHrrE and BLUE Levels are based on answering "yes" to all of the questions on the self-audit evaluationadministered AGC. In order to determinethe contractor'slevel of eligibility, by the contractormust provide the committeeor its designated representative with evidenceof conformance with eachrequirementfor eachlevel. 4) Once the CHASE-Minnesotapartnershiphas beenestablished betweenAGC of Minnesota and the MNOSHA areaoffices, the AGC or designated Chapterrepresentative will infOrnl the chapter memberswho have successfullycompleted the application process and are eligible to participatein the partnershipprogram. 5) The top level, BLUE, will be open to those companieswhoseachievements the areaof in worksite safety are outstanding.Acceptanceinto the BLUE level will require additional validation of safety and healthprogramefficacy through a comprehensive onsite qualifying inspection. The qualifying inspectionwill be conductedon at least one activejobsite (the chosenjobsite will be a representation the applicant's larger projects,i.e. within the top of 1/3 by volume or by number of subcontractors) the Minnesota OSHA Compliance by OccupationalSafety and Health Division, in conjunction with the AGC Safety & Health Committee, or designatedrepresentative. Contractorswho are acceptedinto the CHASEMinnesotaprogramreceiveincentivesfrom OSHA, as listed in Section7 of this document.

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C. RED: Applicants seekingRED statusmust meetthe following requirements: 1) Develop and implement a written safety and health program that addresses those hazards that are the four leading causesof death on construction sites (falls, struck-by, caught in/between and electrocutions);Also to be included, a written (AWAIR) A Workplace Accident and Injury Reduction program and (ERTK) Employee Right-to-Know program.The written programshall incorporatein its entirety 29CFR 1926SubpartC of the GeneralSafety& Health Provisions. 2) Conductand document weekly employeesafetymeetings.(pROVIDE RESOURCES) 3) Conduct and documentself-audits.Self-audits must be conductedas often as neededto assuresafety,but for the purposes this partnership,audits must be documented, least, of at on a weekly basis.Sizeof job will dictatemore frequentdocumentation.(SEE APPENDIX FOR SAMPLE INSPECTIONFORM) 4) Applicants would be subjectto jobsite review by the AGC Safetyand Health Committeeor the committee'sdesignated representatives.

D. WHITE: Applicants seekingWHrrE statusmust meetthe following requirements:
1) Implementa comprehensive written safety and healthprogrambasedon the ANSI AI0.382000 Guidelinesor OSHA's 1989Safetyand Health ProgramManagement Guidelines;and must include a written (AWAIR) A Workplace Accident and Injury Reduction program and (ERTK) Employee Right-to-Know program. The written program shall incorporate in its entirety 29CFR 1926 Subpart C of the General Safety & Health Provisions. 2) Assign at least one trained employeewith responsibility for employeesafetyto administer the participant's safety and health program and to conduct documentedsafety and health inspectionsof ongoing work. Training for this employeewill be deemedsatisfactoryby completing the AGC Basic Safety Management Training Course or an ~uiva1ent curriculum. (SeeAppendixB) 3) Conduct an orientation of all new employeesin the safety and health program of the company, and show evidence of effective employee training for avoidance of hazards specific to the contractor'sworksite(s). 4) Conductand documentweekly employeesafetymeetings. 5) Conduct and documentself-audits.Self-audits must be conductedas often as neededto assuresafety,but for the purposes this partnership,audits must be documented, least, of at on a weekly basis.Sizeof job will dictatemore frequentdocumentation. 6) Receivea qualifying inspectionof at leastone representative jobsite by the AGC Safetyand Health Committeeor the committee'sdesignated representatives. 7) Show evidence of employee involvement in the safety and health program. A safety committee, comprised of company employees and management,or participation of employeesin self-audits,site inspections,job hazardanalysis, safety and health program reviews, safety training, and incident near-miss or accident investigations would be acceptable.

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8) Develop, implement and maintain a prohibited substance policy and testing program that complies with applicable laws, statutes and agreements.A state licensed Employee Assistance Programshall be availableto any employeecoveredby the testingprogram. 9) Provide all field construction supervisorypersonnel with training equivalentto the OSHA to-Hour Training Coursefor Construction.(SeeAppendix B). 10) Maintain a total caseinjury/illness incidencerate that is at and/or below the most current Bureau of Labor Statistics State of MN rate for the applicant's two digits Standard Industrial Classification(SIC) Code. The most recent numberswill usually be those from the previouscalendaryear. 1) Applicants are strongly encouraged to participate in MNOSHA Workplace Safety ConsultationProgram

E. BLUE: ApplicantsseekingBLUE Statusmust meetthe following requirements:
1:

Implementa comprehensive written safetyand healthprogrambasedon the ANSI AI0.382000 Guidelinesor OSHA's 1989Safetyand Health ProgramManagement Guidelines;and must include a written (A WAIR) A Wofkplace Accident and Injury Reduction program and (ERTK) Employee Right-to-Know program. The written program shall incorporate in its entirety 29CFR 1926 Subpart C of the General Safety & Health Provisions.Ensure,through inspection,that any written, site-specific,safetyand healthplan is incorporated thosecontractors by that have a direct written contractwith the applicant.

2) Applicant achievingBLUE statusagrees serveas a mentor for contractorson its projects to who have yet to attain the same level of recognition within the partnership. BLUE participantcompanies will agreeto maintain a copy of the contractedspecialtycontractors' safety and health plan, and fall protection plan, or the BLUE participant could require all contractedspecialtycontractorsto follow its programs.If an applicantalreadyhasthe most current copy of a contractedspecialty subcontractors'program, a new program for every site is not needed, unlessit is a site-specificprogram. 3) Assign a minimum of one employeewho will administer the Firm's safety and health program. In addition, this person must complete the AGC Safety ManagementTraining Course(SeeAppendix B) or equivalentcurriculum within threeyearsfollowing application of BLUE level. 4) Ensuredesignatedsafetypersonnel conduct documentedsafety and health inspectionsof all work on their project(s). Personnel,through training and experience,must be able to recognizehazardsand will have the authority to take prompt corrective action. Training curriculum equivalentto the OSHA 30-Hour ConstructionOutreachCourse(SeeAppendix B) will be deemed be satisfactory. to 5) Train all field construction supervisorypersonnel (defined as anyone in the field that is authorized to assign or make decisions about the work). All personnel meeting this definition must completethe OSHA 10-hour course in construction(See Appendix B) or equivalent.Certification within the previous three yearswill be deemedto be satisfactory. The applicantagrees securethis training for a minimum of 30% of this group within the to first year after application.The balanceof this group will completethis requirementby the end of the secondyear after acceptance the BLUE level. into

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Additional training shall be provided for competentpersonsin such areasas Scaffolding, Excavation,Fall Protection,etc. (this additional training will be predicatedby the type and scopeof work the applicantroutinely conducts). 6) Provide evidenceof employeeinvolvement in all levels of the safety and health program, such as self-audits,site inspections, hazardanalysis,safetyand healthprogramreviews, job safetytraining and incident near-miss or accident investigations. 7) Conduct an orientation of all new employeesin the safety and health program of the company and show evidence of effective employee training for avoidance of hazards specific to the contractor'sworksite(s). 8) Conduct and document weekly employee safety meetings. (SEE APPENDIX FOR SAMPLE INSPECTIONFORM) 9) Develop, implement and maintain a prohibited substancepolicy and testing program, including random testing, that complies with applicablelaws, statutesand agreements. A statelicensedEmployeeAssistance Programshall be availableto any employeecoveredby the testingprogram 10) Conduct and documentself-audits. Self-auditsmust be conductedas often as neededto assuresafety,but for the purposesof this partnership,audits must be documented, least, at on a weekly basis.Sizeof job will dictatemore frequentdocumentation. II) Implement a 6-loot Fall Protection Policy for work governed by OSHA Standardsfor Construction 1926, Subparts M, and R. This requirementwould be incorporatedfor the L, applicant'sdirect employees only. Subcontractors the applicantwill be requiredto follow to suit. 12) Applicants are required to participate in MNOSHA Workplace Safety Consultation Program.wheneverfeasible.
13) Maintain a total case injury/illness incidence rate that is 50% below the most current Bureau of Labor Statistics State of MN rate for the applicant's, two digits Standard Industrial Classification (SIC) Code. The most recent numbers will usually be those from the previous calendar year. 14) Receive a qualifying inspection, by the Minnesota OSHA Compliance Occupational Safety and Health Division, in conjunction with the AGC Safety Committee's designated representatives; of at least one representative active jobsite. The chosen jobsite will be a representation of the applicant's larger projects, i.e. within the top 1/3 by volume or by number of subcontractors. Verification inspections will be conducted per current MNOSHA policy for focused inspections in construction. The jobsite cannot receive a serious citation in the areas of (falls, struck by, caught in/between or electrocutions) during the qualifying inspection of the applicant's representative jobsite. Blue level applicants not passing the qualifying inspection the first time. May be given second opportunity with a different active jobsite to qualify for the blue level. The representative who will conduct this inspection must be experienced in construction safety. 15) Have no willful violations which became final in the last three years. 16) Have no repeated serious violations which became final in the last three years. 17) Have no fatalities or catastrophes within the last three years that resulted in serious or willful citations related to the incident.

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S. ProgramConfidential.
Information submitted by contractorsas part of the application or renewal process,as well as information I obtained by virtue of the contractor's application or participation in the program, will be held in strict confidencewithin the confines of the CHASE-Minnesotapartnershipprogram. The information will be used only to measurethe effectiveness the partnershipprogram.However, in the eventof a MNOSHA inspection, of information that is relevantto the investigation and normally is available (such as companysafety programs) will be provided to MNOSHA upon request.However, results of self-auditsmade by the applicant cannotbe usedfor the pwposesof issuingcitations.

6.

Program Oversight. A The AGC of Minnesota designated representativeis responsible for the following program monitoring activities: ) Periodic reviews of participatory finns activities to ensurecompliancewith the partnership requirements, including randomonsitevisits of participantcontractorworksites. 2) Recommendations the AGC Safetyand Health Committeefor programimprovements. to

B. The MinnesotaOSHA ComplianceOccupationalSafety and Health Division, in conjunction with
the AGC Safety Committee's designatedrepresentatives will conduct a qualifying/verification inspection of one worksite before conferring incentives listed in section 7.c.2-6 to the Blue Participant.

7.

Incentives.

Upon acceptance a partnershipparticipant, the MNOSHA Area Offices will provide certain incentivesto as participants. A. RED Participants: I) Will be given special written recognition from MNOSHA and AGC designating the contractorasa red level participantin the CHASE-Minnesota Program.
2) Will not receive a penalty assessmentfor citations related to other-thall-serious violations, provided that the hazards are abated within MNOSHA prescribed abatement period.

B. WHITE Participants:
) Will be given special written recognition from MNOSHA and AGC designating the contractoras a white level participantin the CHASE-Minnesota Program. 2) Will not receive citations for other-thall-serious violations, provided that the hazardsare abated within MNOSHA prescribedabatement period. 3) Will be given the maximum good faith penalty reductions currently available under MNOSHA policy.

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C. BLUEParticipants:
After successfulconclusion of a quality assurance inspection,MNOSHA will provide the following incentives: 1) Will be given special written recognition from MNOSHA and AGC designating the contractoras a blue level participantin the CHASE-Minnesota Program. 2) BLUE participantjobsites within the MNOSHA jurisdiction in the Stateof Minnesotawill not receive a programmed inspection within the next twelve months after acceptance into the BLUE level of the partnership. (Providing the blue level participant is actively involved with MNOSHA WorkplaceSafetyConsultationProgram). 3) BLUE participantswill receive unprogrammedinspectionsonly in response reports of to imminent danger, fatalities/catastrophes, and formal coml2laints. MNOSHA will use telephoneor fax to handleall other complaintsexceptthosecases involving seriousinjuries. When an inspection of a non-forn1al complaint is deemed necessary,a copy of the complaint will be provided to the participant's Safety Director or other designated representative the time of inspection. at 4) MNOSHA will not issue citations or other-thaD-serious violations provided the violations are abatedwithin MNOSHA prescribedabatement period. 5) If cited by MNOSHA, BLUE participantswill receivethe maximum good faith and history penalty reductionscurrently availableunder existingMNOSHA policy. 6) During an MNOSHA inspection,BLUE participantswhose program has previously been verified by a quality assurance inspectionwill not be included in the inspectionunlessthe Compliance Officer documents that the participant is responsible for any employee exposuresto serious hazardssuch as falls, struck by; caught in/betweenor electrocution hazards. 7) Becausethe partnering contractorservesas a mentor for the specialty contractorson the site, the Partneringcontractorwill not receivemulti-employercitations exceptfor potential citations following a fatality, catastrophe, a seriousinjury investigation. or 8) If inspection of a partner is deemednecessary any reason,MNOSHA will allow the for designated employerrepresentative be presentduring the inspection. to 9) MNOSHA Area Directors agreeto meetwith AGC on a quarterlybasisthroughoutthe terms of this agreement assure to openlines of communication with all partneringcontractors.

8.

Partnership Evaluation. A. It is the responsibility of eachchapter-designated representative gatherrequiredparticipant data to to evaluatethe overall success the program. of B. The partnershipwill be evaluatedannually to detenninewhetherthe annualgoal of a 3% reduction in the number of injuries, illnessesand fatalities has been met. AGC Chaptersare responsiblefor collating baselineand annualperformancedata upon which the partnershipwill be measured. This aggregated datawill be reportedto the MNOSHA Directorateof Constl:Uction.
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c.

Participant aggregateinjury/illness incidence rates (total case rates) and fatality rates will be comparedwith BLS publisheddata to detemrlnewhether goalshave beenmet at the chapterand/or national level.

D. Participant incidence of injuries from the hazardsthat are the four leading causesof death on construction sites (falls, struck-by, caught in/between,and electrocutions)will be measuredand comparedagainsta baselineestablished the first year of the partnership. in

E. If all signatory partners agree, partnership criteria may be revised annually based on
recommendations continuousimprovement for
9.

Contractor Termination. A. A contractor's participation will be terminated by the AGC Chapter, and MNOSHA will be infOntledof the terminationif one or more of the following occurs: 1) An inspection by the Safety and Health CHASE Conunittee or MNOSHA reveals a significantdeviationfrom programcriteria. 2) The contractorhasfalsified information on the applicationor supportingrecords. 3) The contractor's total case injury/illness incidence rate rises above criteria set in paragraph 4.D.I0 for White level participants or paragraph 4.E.13 for Blue level participants;or 4) The contractor takes other such actions that may be detennined to be grounds for terminationby the chapterSafetyand Health CHASE Committee. B. Prior to final tenninationof a contractor'sstatus,the following will occur: The contractorwill be notified in writing of the intent to terminate. 2) The notice will include an explanationof the reasons termination. for 3) The contractorwill have an opportunity to reply to the written notice within a period of thirty (30) days;and 4) The contractorwill have the right to appearbefore the AGC Safety and Health CHASE Committee.
c.

The AGC SafetyandHealth CHASE Committeewill have the authority to reinstatethe contractorif it detenninesthat the contractor's experiencewas unusual and not necessarilyinconsistentwith a sound safety and health program. In this event, another quality assuranceinspection may be perfonned.

D. Any contractormay tenninateparticipationin the programat any time. 10. Term and Location of Partnership. A. The partnershipwill have an initial term of three yearsand may be renewedif all signatoryparties concur. B. Any signatory party to the partnership may withdraw from the agreementat any time after submittingwritten notification of intent to the AGC Safetyand Health CHASE Committee. 8