Partnership Agreement
Between
United States Department of Labor's
Occupational Safety and Health Administration

and
National Ready Mixed Concrete Association

This voluntary partnership between the United States Department of Labor Occupational Safety and Health Administration (OSHA) and the National Ready Mixed Concrete Association (NRMCA) has been agreed upon by both parties as a means to improve employee safety practices, to increase the level of formal employee safety training, to enhance worker participation in the safety and health process, and to reduce injuries to ready mixed concrete employees. To achieve this goal, we recognize the need to work together as a way to ensure that ready mixed concrete (RMC) employees go home every day the same way they came to work. As an alternative to traditional enforcement efforts, this formal partnership is expected to lower the injury and illness rates for member companies that participate, as well as to decrease worker compensation costs. This agreement serves as a model agreement for individual companies to use when seeking OSHA strategic partnerships within their respective OSHA regions/areas.

Signed on this day November 4th

Key Points of the Partnership

• NRMCA and OSHA agree that we must cooperate and pool resources in order to reduce injury and illness to employees working in the RMC industry.
• This cooperative agreement between NRMCA and the Assistant Secretary of Labor is a model for member companies to use when applying for partnership status with OSHA Area Offices. Similarly, it is a model for companies that operate in "state plan" jurisdictions to use with their respective state agencies.
• The agreement in no way diminishes worker safety rights given in The Occupational Safety and Health Act of 1970, or any subsequent codified standards.
• Education, training, incentives, and participation provide the basis for success of all parties in the partnership.

Specific Goals

• Within three years from a company's implementation date of the partnership agreement, the total case incident rate (TCIR) for that company will be reduced by 30% when compared to the 3-year standard TCIR on the NRMCA annual safety benchmarking survey.
• Increase the number of RMC producers who have implemented formal safety and health programs.
• Decrease OSHA penalties and worker compensation costs for companies that participate in the cooperative agreement.
• Increase the number of ready mixed concrete employees who successfully complete the OSHA 10-hour and 30-hour training courses.
• Increase safety activities in the workplace for companies that enter into the agreement.

Program

• NRMCA has written and implemented a program that evaluates a member company's safety and health performance. The program is called SAfety First Evaluation (SAFE). NRMCA processes applications into the program, and presents awards to qualified applicants.
• The safety task group (STG) of the Operations, Environmental and Safety (OES) Committee created the SAFE program. The STG is comprised of safety and health professionals from member companies. The STG annually writes a number of safety and health publications and undertakes a variety of safety and health initiatives that are beneficial to association members and non-members.
• A steering committee formed from members of the STG will direct the SAFE Incentive program. NRMCA staff members will head the steering committee. The steering committee will review and approve or disapprove all applications for the SAFE program. If disapproved, companies will have a 45-day period in which to resubmit the application. OSHA's Directorate of Cooperative and State Programs will advise the steering committee.
• The SAFE Incentive program has 3 levels of awards based on scores received on the application. These levels are diamond (highest), platinum (mid) and gold. The diamond level is available to those companies with the best safety and health programs based on scores received on the application. The diamond level requires objective verification through site inspections that the company demonstrates compliance with the items detailed on its application. The verification inspection is conducted by the participant's insurance company, by a member( s) of the steering committee, or by peer review inspection process. The verification inspection is forwarded to the steering committee.
• Platinum and gold level participants will actively participate in quarterly initiatives developed by the steering committee. Platinum and gold level members don't require site inspection. Participating in quarterly initiatives is one way platinum and gold participants may move up to diamond level.
• Once a company's S & H program has been verified through a site inspection, the steering committee will notify the OSHA Area Director that the company is eligible for partnership participation and incentive.

Implementing the Partnership

• The SAFE partnership will be implemented as follows:
  • Membership is appraised of the partnership program, and applications are made available on the NRMCA home page, in direct mass mailings, and in targeted publications. Potential participants provide NRMCA with data from the OSHA 300A summary log and the total number of employee hours worked during the year corresponding to the 300A summary log. The company then completes the program evaluation form, which is composed of a series of questions about the company's safety and health program. A numerical evaluation rating is assigned to the company based on its answers.
  • NRMCA staff evaluates applications in the headquarters office. Data from the 300A summary log, total employee hours, the S & H program evaluation scores, and 4 types of incidents (same level fall, different level fall, struck by and sprains/ strains) are then saved into a database kept by the association. OSHA will view the combined statistics of all companies submitting data, and all individual company identifiers will be removed from the OSHA report.
  • After a period of 1 year the partners will discuss the possibility of including site specific (non aggregated, but with all identifiers removed) injury and illness trends to help measure the impact of the partnership.
• Applicants seeking diamond level participation must meet the following requirements also:
  • After 3 years participation in SAFE, the participant's company's total case incidence rate (TCIR) must be 30% less than the industry 3-year standard TCIR as determined by the annual safety benchmarking survey analysis completed by NRMCA.
  • The applicant must have a statement signed by a company official at director level or higher that verifies the safety and health program evaluation score.
  • The applicant must have a formal safety and health protection program that meets at a minimum the 1989 OSHA Safety and Health Program Management Guidelines. The applicant must score an eighty-one (81) or higher on the SAFE application.
  • At least one individual per 20 employees must have successfully completed the OSHA 10-hour course for general industry.
  • The applicant must have professional safety personnel trained to recognize workplace hazards and take corrective action. Training includes successful completion of the OSHA 30-hour course for general industry. Training may also include academic degrees in safety, or professional designation such as ASP or CSP. Training may also include 5 years documented work experience as a safety professional in the form of a signed certification by the employer.
  • The applicant must have no willful violations, no repeated serious violations or fatalities during the previous three years.
• Platinum and gold level participants are ineligible for OSHA incentives.
  • Platinum and gold members must participate in the quarterly initiatives to become eligible for diamond level.
  • Platinum and gold members must use the S & H questionnaire as a guideline to move up to diamond level.

NRMCA Program Verification and NRMCA Activities

• NRMCA will:
  • Ensure program integrity by randomly conducting plant site inspections at 10% of the total number of plants in the partnership.
  • Terminate partnership participation if random site inspection demonstrates non-compliance with terms of agreement, or shows that participant has submitted false information.
  • Act as liaison and communicate with steering committee and OSHA Directorate of Cooperative and State Programs.
  • Conduct conference calls at least twice each year with OSHA representative( s) and steering committee member( s) to discuss program.
  • Develop and offer quarterly safety and health initiatives important to ready mixed concrete companies. Examples include fall protection, respiratory protection, silica monitoring, confined space work, slips and falls prevention, and material handling. The initiatives will begin the first full calendar quarter after the agreement is formalized.
  • Provide current information on safety and health activities from NRMCA, OSHA, and other appropriate sources. This information will be in both electronic and paper form.

OSHA Incentives and OSHA Activities

• Diamond level participants will receive the following incentives from the OSHA Area Director:
  • After a successful enforcement verification inspection by the OSHA Area Office, the participating employer will not receive a programmed inspection by OSHA at any of the employer's sites in that particular OSHA Area during the period of one year following the verification visit.
  • After a successful enforcement verification inspection by the OSHA Area Office, the participating employer will receive unprogrammed inspections for the following reasons: imminent danger, fatality/ catastrophe, and complaints.
  • In the event that a citation with penalty is issued, participants may receive a reduction of up to 75% as part of the informal conference settlement agreement to apply the reduced penalty dollars directly to abatement of workplace hazards and improvements in the worker safety and health program. This incentive will not apply to high gravity serious, willful, or repeat citations.
  • If cited by OSHA, participants will be eligible for maximum penalty reduction for good faith, company size and violation history, and citation gravity based on penalty assessment guidelines.
• OSHA will verify the partnership by randomly selecting a participant from the diamond level list. No less than 5% of participants in a given OSHA Area will be selected for the verification inspection.
• OSHA will participate in 2 training sessions or seminars each year. These include the NRMCA 10-hour safety course, annual convention seminars, and forum and expo sessions.
• OSHA will provide compliance assistance specialists to participants in order to discuss and clarify general industry health and safety standards.
• OSHA will help NRMCA identify Voluntary Protection Program (VPP) participants who can facilitate the partnership agreement by giving presentations to employers, associations, and other groups within the industry.

Program Evaluation

• The NRMCA safety task group steering committee will annually evaluate the effectiveness of the program by determining whether participants have met the targeted 30% TCIR reduction at the end of 3 years from the beginning of the partnership when compared to the 3-year standard NRMCA safety benchmarking survey.
• NRMCA will complete an annual report detailing combined industry incidence rates, significant improvements and/ or initiatives by participants, the number of the 4 targeted incident types, and recommendations for the following year. The report will also note the number of plant and/ or ready mixed concrete industry workers who were trained or participated in quarterly initiatives. This report will be submitted to OSHA by March 31.
• OSHA, the steering committee, and each participant will receive a copy of the annual report.

Participant Termination

• A participant will be removed from the program if one or more of the following conditions occur:
  • An inspection by the insurer, the steering committee, or OSHA shows that the participant is not complying with the S & H program, or that conditions or practices in the workplace - i.e., imminent danger, willful violation - indicate the participant should be removed.
  • The participant falsified information in the application process.
  • The participant company's annual TCIR rises above the combined industry average TCIR as determined by the annual NRMCA benchmarking survey.
• Before removal from the partnership, the following will occur:
  • The participant will be formally notified by the steering committee that it intends to remove the participant from the program, and the notification will state the reason( s) why.
  • The participant will have 45 calendar days to respond, and will also have the right to appear before the partnership steering committee.
  • The steering committee has authority to then determine if the participant may stay in the program, and OSHA will be notified.
  • If the participant remains in the program, OSHA may conduct another verification inspection.
• OSHA reserves the right to:
  • terminate one or more individual NRMCA participating work sites 30 days following the receipt of written notice from NRMCA or the work site that operational control of the work site has transferred to a non-NRMCA entity through sale, lease, or other arrangement. However, if a NRMCA participating work site transfers operational control to another NRMCA entity, the worksite will be permitted to continue participation in the partnership, following submission of a written statement of management commitment to OSHA. The partnership will remain in effect for all work sites not covered by the notice.
  • An individual worksite in the partnership for any site in noncompliance with the partnership, bad faith, willful violations, failure to abate serious hazards, etc.
  • The Partnership may be terminated for any reason 30 days following the receipt of a signed, written letter from either signatory partner.

Duration of Partnership Program

• The initial partnership will last for 3 years.

Attachment 1 Performance Summary

Attachment 2 Application Form

SAFE Diamond Application

You facility may qualify for SAFE Incentive Diamond Level if you meet the requirements below. Please submit your application to NRMCA, along with:

• A copy of your facility's OSHA 300A summary log of injuries/ illnesses
• A signed statement from your company, insurer, or other competent person supporting your SAFE Incentive score.
• A SAFE application
• A check payable to NRMCA in the amount of $195 for the Diamond Application administrative processing fee

1. Your TCIR must be less than 7.0 based on the following calculation:

   TCR = Number of recordables from OSHA 300 summary x 200,000 / Total employee hours in calendar year 2002

2. Have a formal (written) safety and health program that meets at a minimum the 1989 OHSA Safety and Health Program Management Guidelines.
3. Employees must actively participate in your company's safety and health program. Examples of participation include: conducting site safety meetings, doing site safety and compliance inspections, reviewing incidents and recommending preventive measures, and others
4. At least 1 supervisor/ plant operator/ lead person for every 20 employees must have successfully completed the OSHA 10-hour course for general industry.
5. At least 1 employee from each participant in each OSHA Area must be designated as a safety professional trained inhazard recognition. Safety professionals may be designated in any one of the following manners:
   1. Successfully completed the OSHA 30-hour general industry safety course, or;
   2. At a minimum possess a 2-year Associate degree in an industrial safety and health discipline, or:
   3. Have a professional designation such as ASP, CSP, CIH, or;
   4. Have at least 5 years experience working as a safety professional, and have a certification statement signed byhis/ her employer.
6. You must not have had a fatality to an employee in the workplace in the previous 3 years that resulted in a paid OSHA citation.
7. You must score of 81 or higher on your SAFE Application.

Application Completed by (Print) _________________________ Title________________________________

Signature_______________________________________ Date________________________________

SAFE Application

• Date________ Facility Name_____________________________________________________
• Company Name_________________________________________________________________________
• Address__________________________________________________ Telephone____________________
• _________________________________________________________ Fax_________________________
• Contact Person_____________________________________________
• email________________________
• Number of Employee Hours 2002 - Includes all hourly, salary, exempt, non-exempt__________________
• (Excludes contractors, or "for hire" businesses) SIC Code____________

2002 Data

Number Same Level Falls_____ Different Level Falls_____ Struck By_____ Strains/ Sprains_____

SAFE Incentive Score**

Attachment 3 Notification Form

Notification of OSHA/NRMCA Partnership Participation

Attachment 4 Annual Evaluation Form

National Ready Mixed Concrete Association Annual Evaluation Form for OSHA Strategic Partnership **

1. Reporting Year (Check one) ____ 2003 ___ 2004 ___ 2005 ___ 2006

4. Number of full-time employees at plant _________________

5. Level of Program Participation _____ Diamond _____ Platinum _____ Gold

6. Check each S & H quarterly training initiative in which employees participated.

_____ Silica Exposures and Respiratory Protection

_____ Prevention of Struck By Injuries

_____ Mixer Truck Rollovers and Prevention

_____ Slips and Falls While Mounting and Dismounting

7. Was employee attendance in the training initiatives documented with signatures? (Employee training attendance should always be documented).

_____ Yes _____ No

8. Number of potential safety contacts in the training initiatives. (This is the number of full time employees multiplied by the number of quarterly initiatives, which would be 4 in a full year).

___________________________

9. Number of actual safety contacts in the training initiatives. (This is the number of employees who attended training sessions. For example, if 5 employees attended the first and second training, and 6 employees attended the third and fourth training, then the number of actual safety contacts is 22 = 5+ 5+ 6+ 6). __________________

10. Number of incidents:

_____ Struck By _____ Strain/ Sprain _____ Same level Fall _____ Different Level Fall

Safety & Health Management Evaluation & Scoring System

There are 27 key items identified as critical safety and health management program elements. Each component has 4 levels of safety performance, and each level has a corresponding numerical value - i. e., A = 4; B = 3; C = 2; D = 0. Circle the level that best describes your company's safety performance. Then choose the numerical value that corresponds to that particular level. When finished, add the numbers for a total score. This score determines your company's SAFE Incentive level.

I. Management Leadership and Employee Involvement

1. Clear worksite safety and health policy: Points_____
   1. There is S & H policy and the majority of employees can explain it.
   2. There is S & H policy and some employees can explain it.
   3. There is a written S & H policy.
   4. There is no policy.
2. Clear goals and objectives are set and communicated: Points_____
   1. Majority of employees can explain goal and objectives and measures for achieving them.
   2. Some employees can explain results and measures for achieving them.
   3. There are written goals and objectives.
   4. There are no safety and health goals and objectives.
3. Management leadership: Points_____
   1. Majority of employees can give examples of management's active commitment to safety and health.
   2. Some employees can give examples of management's commitment to safety and health.
   3. There is some evidence that top management is committed to safety and health.
   4. Safety and health is not a top management value or concern.
4. Management example: Points_____
   1. Majority of employees feel they have a positive impact on identifying and resolving safety and health issues.
   2. Some employees feel that they have a positive impact on safety and health.
   3. Employees generally feel that supervisors will consider their safety and health input.
   4. Employee involvement in safety and health issues is neither encouraged nor rewarded.
5. Employee involvement: Points_____
   1. Majority of employees have ownership of safety and health and feel they have a positive impact on identifying and resolving safety and health issues.
   2. Some employees feel that they have a positive impact on safety and health.
   3. Employees generally feel that supervisors will consider their safety and health input.
   4. Employee involvement in safety and health issues is neither encouraged nor rewarded.
6. Assigned safety and health responsibilities: Points_____
   1. Majority of employees can explain what safety and health performance is expected of them.
   2. Some employees can explain what performance is expected of them.
   3. Performance expectations are generally spelled out for employees.
   4. Specific job responsibilities and performance expectations are generally unknown or hard to find.
7. Authority and resources for safety and health: Points_____
   1. Majority of employees believe they have the necessary authority and resources to meet their responsibilities for safety and health
   2. Authority and resources are spelled out for all, but there is often a reluctance to use them.
   3. Authority and resources exist, but supervisors control most.
   4. All authority and resources come from supervision and are not delegated.
8. Accountability: Points_____
   1. There are both positive and negative elements in the accountability program - i.e., good performance rewarded, and poor performance disciplined.
   2. There is only negative accountability for poor safety and health performance.
   3. There is some accountability, but it is not fairly administered - it's a hit or miss proposition.
   4. There is no effort towards accountability.
9. Program review and quality assurance: Points_____
   1. A comprehensive safety and health program review is conducted at least annually and drives appropriate program modifications.
   2. A program review is conducted, but it doesn't drive all necessary program change.
   3. Changes in programs are driven by events such as accidents or near misses.
   4. There is no safety and health program review process.

II. Worksite Analysis

1. New facilities/ processes: Points_____
   1. A competent team consisting of both managers and workers reviews new facilities, processes, and pieces of equipment.
   2. Only managers review new facilities, processes, and equipment.
   3. New facilities, processes, materials, and pieces of equipment are reviewed only if there is a problem after startup.
   4. There is no system for hazard review of new facilities, etc.
2. Job hazard analysis: Points_____
   1. A job hazard analysis exists for all jobs, and analyses are updated as new jobs are added. Employees have input into analysis development and have been trained.
   2. A job hazard analysis exists for all jobs, and they are updated as new jobs are added. Most employees are trained in the hazard analyses.
   3. A job hazard analysis exists, but few employees are aware or it.
   4. There is no system for job hazard analysis.
3. Workplace inspections: Points_____
   1. Employees and supervisors regularly conduct joint safety inspections, and all items are corrected in a timely manner.
   2. Supervisors regularly conduct safety inspections, and all items are corrected in a timely manner.
   3. Regularly planned safety inspections are conducted, and most items are corrected.
   4. There is no system for conducting safety inspections.
4. Incident investigation: Points_____
   1. All employee and equipment incidents and near misses are investigated; basic causes are determined and corrected.
   2. All OSHA recordable incidents are investigated; basic causes are determined and corrected.
   3. Most OSHA recordable incidents are investigated; basic cause and correction is inadequate.
   4. Incidents are not investigated.
5. Accident and trend analysis: Points_____
   1. Accident data trends are conducted at least annually. Employees are made aware of trends, causes and preventive measures. Employee training is conducted based on trend analyses.
   2. Accident data trends are conducted at least annually. Employees are made aware of trends, causes and preventive measures.
   3. Accident data trends are conducted, but there is no effort to communicate findings.
   4. Accident data trends are not conducted.
6. Employee safety observations: Points_____
   1. All employees including supervisors are observed for safe work practices on a regular basis. Unsafe practices are corrected. There are records to document this.
   2. Only hourly employees are observed for safe work practices on a regular basis. Unsafe practices are corrected.
   3. Safety observations are done, but not on a regular basis, and correction is not always done.
   4. There is no system for observing safe work practices of employees.
7. Employee training: Points____
   1. Employees and supervisors receive planned safety training sessions on a regular basis. There are safety "tailgate" sessions. These sessions are documented with employee signatures.
   2. Employees and supervisors receive safety training. There are a few "tailgate" sessions. Documentation is spotty.
   3. Employees say they have received safety training, but there is no evidence of this.
   4. There is no system for employee safety training.
8. New employee training: Points_____
   1. All new employees attend classroom training. Training includes haz comm., lock out/ tag out, confined space, ppe, emergency procedures including fire prevention,company safety rules, hazard recognition. Training is recorded and employee signs name. Company safety policy is reviewed. New employees are observed for a specific time period.
   2. New employees attend classroom training. Training includes company safety rules,safety policy, haz comm., lock out/ tag out. Training is recorded and employee signs name.
   3. New employees attend safety orientation while on the job, and are observed for a time period after beginning work.
   4. New employees receive no training.
9. Personal protective equipment: Points_____
   1. A ppe survey has been conducted of the workplace, and it is updated annually, or as workplace conditions indicate. There is a formal record of this. Appropriate ppe is chosen, and employees are trained in its use. All employees wear ppe.
   2. A ppe survey has been conducted, and it is updated at least annually. There is a record of this. Appropriate ppe is chosen, and employees are trained in its use.Most employees wear ppe.
   3. Employees wear ppe.
   4. There is not evidence of compliance with ppe standard.
10. Substance abuse program: Points_____
    1. There is a written substance abuse program. Pre-employment, random, post-accident, reasonable cause, and return to work tests are conducted. An Employee Assistance Program (EAP) is available to employees. Supervisors are trained in how to spot substance abuse, and training records are kept.
    2. There is a written substance abuse program. Pre-employment, random and post-accident tests are conducted. An EAP is available.
    3. There is a written substance abuse program. There are some records of various types of drug/ alcohol tests.
    4. There is no substance abuse program.
11. Records and reports: Points_____
    1. Records are maintained on employee training, workplace inspections, employee observations, incident investigations, injuries and illnesses (OSHA 300 log),preventive and scheduled maintenance.
    2. Records are maintained on employee training, either workplace inspections or employee observations, and incident investigations and injuries and illnesses
    3. Records are maintained on injuries and illnesses.
    4. There are no records or reports.
12. Insurance loss ratio (LR): Points_____
    1. The LR is less than 0.9. There are records detailing the costs of accidents.
    2. The LR is between 0.9 and 1.0. There are records detailing the costs of accidents.
    3. The LR is between 1.0 and 1.2. There are records detailing the costs of accidents.
    4. The LR is greater than 1.2.

III. Hazard Prevention and Control

1. Health hazard control: Points_____
   1. Hazard controls are in place, known and supported by workforce. Engineering controls are the primary method to control health hazards, with a high number of employees wearing ppe.
   2. Hazard controls are in place, known and supported by workforce. Engineering and ppe controls appear to be equally weighted in controlling noise and dust.
   3. Hazard controls are in place, but the heaviest reliance is on personal protective equipment to control health hazards.
   4. There are no health hazard controls in place.
2. Facility and equipment maintenance: Points_____
   1. There is a schedule for daily/ as needed cleanup. There is a system for maintenance work orders. There is preventive scheduled maintenance for facilities and equipment, and it is documented.
   2. There are maintenance work orders and preventive scheduled maintenance for facilities and equipment, but a few documents are missing.
   3. There is preventive scheduled maintenance for facilities and equipment, but documentation is poor.
   4. There is little attention paid to preventive maintenance; break down maintenance is the rule.
3. Emergency planning and preparation: Points_____
   1. There is a written emergency response plan, and employees know immediately how to respond in the event of an emergency such as fire. Employees have been trained, and the training is documented.
   2. There is a written emergency response plan, and employees have a good understanding of their roles in an emergency as a result of training and drills.
   3. There is a written emergency response plan, but only a few employees are aware of their roles and responsibilities.
   4. There is no written emergency plan, and little or no effort is made to prepare for emergencies.
4. Emergency equipment: Points_____
   1. Facility is fully equipped for emergencies, including properly inspected fire suppression systems such as water availability and fire extinguishers. First-aid kits are also present.All escape routes and exits are marked. All personnel know how to use equipment and how to communicate.
   2. Facility is equipped for emergencies, and most exits and escape routes are marked. There is some emergency equipment. Personnel know how to use equipment and how to communicate.
   3. There is some emergency equipment, and some escape routes and exits are marked, but employees don't know how to use equipment or how to communicate in an emergency.
   4. There is very little emergency equipment.
5. Medical and health survey program: Points_____
   1. There are pre-employment physicals for employees. Appropriate health hazard surveys are conducted in the workplace, and positive measures are taken to reduce exposure.Employees annually receive audiograms and pulmonary function tests, and employees are notified if they need to seek additional medical attention.
   2. Pre-employment physicals are conducted, and health hazard surveys are done. Employees receive annual audiograms and pulmonary function tests.
   3. Pre-employment physicals are conducted.
   4. There is no medical monitoring or health survey program.
6. Emergency medical care: Points_____
   1. A supervisor or another employee is trained as an EMT or a paramedic.
   2. At least one employee with basic first aid skills is available at the plant.
   3. No one at the plant is trained in first aid, but a hospital or medical facility is within 15 minutes travel time.
   4. Neither medical nor first aid treatment is accessible to employees.