~

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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Patricia Todd, Director ofMNOSHA Compliance

J~n Jenkins, AG~"SI~, Committee Chair

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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 undesirableeventthat resultsfrom a failure to meetacceptablestandards
and causesharm to people,property,or processes.

(A W AIR) A workplaceaccidentand injury reductionprogram.

(OSlll) OccupationalSafetyand Health mvestigator.

(CHASE) ConstructionHealth and SafetyExcellence.

(DesignatedSafetyPersonnel)A person,throughtraining and experience,mustbe

ableto recognizehazardsand 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 createsa hazardthat may, or may not, result in an accident.

It is a failure to meet acceptablestandards.

(ProgrammedInspection)is aimedat high-risk areasbasedon OSHA's targetingand priority

methods,basedon factorssuchas workers' compensationclaims or current
specialemphasisprograms.

(Qualifying Inspection)is ajobsite inspectionto detenninedegreeof excellencesfor the level

the applicantis seeking.

(UnprogrammedInspection)is perfonnedonly in responseto reportsof imminent danger,

fatalities/catastrophes,
and fonnal complaints.

Definitions of CHASE Program Award Levels of Participation

(Red Level) is the basiclevel in the CHASE programfor applicantswantingto meetthe

basicminimum requirementsof a Safetyand Health Program.

(White Level) is the intennediatelevel in the CHASE programfor applicantsdesiringa more

comprehensiveSafetyandHealth Program.

(Blue Level) is the peak level in the CHASE programfor applicantsstriving to be an

industry leaderwith a very comprehensiveSafetyandHealthprogram.
 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.To advanceour mutual goal, we strongly agreedon the
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) partnershipagreementwould be the basisfor our local agreement.

n. CBASE-MINNESOT A PARTNERSHIP

1. Program Expectations.

This partnership agreementhas been negotiated between the AGC of Minnesota and MNOSHA Office
representingMinnesota. Owners, Labor and other organizationsare encouragedto endorseand participate as
signatorypartnersin the CHASE-MINNESOTA program.

A. Implementationof this program is expectedto result in decreasedserious injuries. illnesses.and

fatalities for participating contractorsand the improvementof existing safety and health programs
within the Stateof Minnesota.

B. This agreementprovides for incentivesto constructioncontractorsthat voluntarily participatein the

programand demonstrateimplementationof effective safetyandhealthprograms.

C. This agreementwill 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 emphasison reducinginjuries and fatalities resulting from thosehazardsthat 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 site-
specific safetyandhealthplans.

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

pursuit of safety.
3. Program Implementation.

Once a partnershiphas beenestablishedbetweenAGC of Minnesotaand the MNOSHA Office, the Minnesota

AGC Safety & Health Committee or designatedrepresentativeswill 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-MinnesotaProgramwill be implementedin threelevels:RED, WHITE and BLUE.

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
representativewill administerthe self-audit evaluationof the CHASE-MinnesotaProgram.
The Committee is comprised of representativesfrom AGC member companies, or a
designatedrepresentativeappointedby 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
evaluationadministeredby AGC. In order to determinethe contractor'slevel of eligibility,
the contractormust provide the committeeor its designatedrepresentativewith evidenceof
conformancewith eachrequirementfor eachlevel.

4) Once the CHASE-Minnesotapartnershiphas beenestablishedbetweenAGC of Minnesota

and the MNOSHA areaoffices, the AGC or designatedChapterrepresentativewill 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 companieswhoseachievementsin the areaof
worksite safety are outstanding.Acceptanceinto the BLUE level will require additional
validation of safety and healthprogramefficacy through a comprehensiveonsite qualifying
inspection. The qualifying inspectionwill be conductedon at least one activejobsite (the
chosenjobsite will be a representationof the applicant's larger projects,i.e. within the top
1/3 by volume or by number of subcontractors)by the Minnesota OSHA Compliance
OccupationalSafety and Health Division, in conjunction with the AGC Safety & Health
Committee, or designatedrepresentative.Contractorswho are acceptedinto the CHASE-
Minnesotaprogramreceiveincentivesfrom 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 addressesthose 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 documentweekly employeesafetymeetings.(pROVIDE RESOURCES)

3) Conduct and documentself-audits.Self-audits must be conductedas often as neededto

assuresafety,but for the purposesof this partnership,audits must be documented,at least,
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'sdesignatedrepresentatives.

D. WHITE: Applicants seekingWHrrE statusmust meetthe following requirements:

1) Implementa comprehensivewritten safety and healthprogrambasedon the ANSI AI0.38-
2000 Guidelinesor OSHA's 1989Safetyand Health ProgramManagementGuidelines;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 purposesof this partnership,audits must be documented,at least,
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'sdesignatedrepresentatives.

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 substancepolicy and testing program that
complies with applicable laws, statutes and agreements.A state licensed Employee
AssistanceProgramshall 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 comprehensivewritten safetyand healthprogrambasedon the ANSI AI0.38-

2000 Guidelinesor OSHA's 1989Safetyand Health ProgramManagementGuidelines;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 incorporatedby thosecontractorsthat have a direct written contractwith the applicant.

2) Applicant achievingBLUE statusagreesto serveas a mentor for contractorson its projects

who have yet to attain the same level of recognition within the partnership. BLUE
participantcompanieswill 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 deemedto be satisfactory.

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 applicantagreesto securethis training for a minimum of 30% of this group within the
first year after application.The balanceof this group will completethis requirementby the
end of the secondyear after acceptanceinto the BLUE level.

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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,job hazardanalysis,safetyand healthprogramreviews,
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
statelicensedEmployeeAssistanceProgramshall 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,at least,
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, SubpartsL, M, and R. This requirementwould be incorporatedfor the
applicant'sdirect employeesonly. Subcontractorsto the applicantwill be requiredto follow
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 effectivenessof the partnershipprogram.However, in the eventof a MNOSHA inspection,
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
to the AGC Safetyand Health Committeefor programimprovements.

B. The MinnesotaOSHA ComplianceOccupationalSafety and Health Division, in conjunction with

the AGC Safety Committee's designatedrepresentativeswill 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 acceptanceas a partnershipparticipant, the MNOSHA Area Offices will provide certain incentivesto
participants.

A. RED Participants:

I) Will be given special written recognition from MNOSHA and AGC designating the
contractorasa red level participantin the CHASE-MinnesotaProgram.

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-MinnesotaProgram.

2) Will not receive citations for other-thall-seriousviolations, provided that the hazardsare
abatedwithin MNOSHA prescribedabatementperiod.

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 assuranceinspection,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-MinnesotaProgram.

2) BLUE participantjobsites within the MNOSHA jurisdiction in the Stateof Minnesotawill

not receive a programmed inspection within the next twelve months after acceptanceinto
the BLUE level of the partnership.(Providing the blue level participant is actively involved
with MNOSHA WorkplaceSafetyConsultationProgram).

3) BLUE participantswill receive unprogrammedinspectionsonly in responseto reports of

imminent danger, fatalities/catastrophes,and formal coml2laints. MNOSHA will use
telephoneor fax to handleall other complaintsexceptthosecasesinvolving 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
representativeat the time of inspection.

4) MNOSHA will not issue citations or other-thaD-serious

violations provided the violations
are abatedwithin MNOSHA prescribedabatementperiod.

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 assuranceinspectionwill 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,or a seriousinjury investigation.

8) If inspection of a partner is deemednecessaryfor any reason,MNOSHA will allow the

designatedemployerrepresentativeto be presentduring the inspection.

9) MNOSHA Area Directors agreeto meetwith AGC on a quarterlybasisthroughoutthe terms

of this agreementto assureopenlines of communicationwith all partneringcontractors.

8. Partnership Evaluation.

A. It is the responsibility of eachchapter-designated

representativeto gatherrequiredparticipant data
to evaluatethe overall successof the program.

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
aggregateddatawill 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 baselineestablishedin the first year of the partnership.

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

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.
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