VPP Mobile Workforce Demonstration for Construction

1. VPP Mobile Workforce Demonstration for Construction

2. Highlights • Eligibility • Application Process • Approval Process • Continuing Participation Requirements

3. Eligibility Contact Initiated Demonstration Candidate Eligibility Determination and Application Guidance VPP Manager or Coordinator

4. Who is Eligible? • Construction industry SIC/NAICS • 3 years operating in construction industry • GCs and Specialty Trade Contractors at the Corporate, Division, or Business Unit level • Long-term and short-term projects • May or may not have authority and responsibility for safety and health over the entire site • Inspection History • No open citations

5. Application Process Contact Initiated Demonstration Candidate Eligibility Determination and Application Guidance VPP Manager or Coordinator Application Review VPP Manager or Coordinator Application Submittal Demonstration Candidate

6. Unique Application Features • Designated Geographic Area (DGA) • Union Support • Participation Plan • Applicant’s Prescreening/Oversight Processes • Injury and illness data

7. Designated Geographic Area (DGA) • No smaller than an Area Office • May cover multiple AOs within a single Region • AOs do not have to be within the same state • No larger than a Region • May cover multiple states within a Region • Applicants who want to participate in multiple Regions should contact the NO

8. Union Support OSHA expects each applicant to determine whether the requirement for union support applies. Calculate the percentage of your employees (including temporary employees) and subcontractor employees who are represented by unions at the time of your application. Then use the chart below.

9. Applicant Participation Plan • Designed to address elements of VPP that are different from those published in the current VPP FRNs, such as: • DGA • Annual Emergency Evacuation Drills • Baseline hazards analysis • Employee Involvement • Alternative program elements must provide protection equal to that of traditional VPP • Emphasis on good practices

10. Applicant’s Prescreening/Oversight Processes • Applicant must perform onsite prescreening/oversight processes for all worksites within DGA • Assure VPP-quality safety and health protection at all active worksites within the DGA • Demonstrates direct corporate oversight and involvement in S&H at worksites • OSHA will verify effectiveness of and compliance with an applicant’s processes • Review documentation during the corporate onsite evaluation • Verify effectiveness during worksite evaluation(s)

11. Calculating Injury & Illness Data • Injury and Illness Rate Requirements • 3-year TCIR and DART rate reflecting experience of the participant’s workforce throughout the DGA • Required at Application • Company-only data for the first two years • Combined injury and illness data, including all subcontractors, for the most recent calendar year • Subsequent reporting must continue to build upon the combined rate data

12. First Year Combined Injury and Illness Data (Sample)

13. Application Format • Largely follows the current VPP application format • Emphasize subcontractors, where applicable • Injury and Illness data • Prescreening • Supplemental application instructions cover differences

14. Participation Decisions Contact Initiated Demonstration Candidate Eligibility Determination and Application Guidance VPP Manager or Coordinator Application Review VPP Manager or Coordinator Application Submittal Demonstration Candidate Participation Decisions VPP Manager/RA (in conjunction with Candidate)

15. Participation Decisions • Determine applicant’s eligibility • Review application, including: • Applicant’s Participation Plan • Union Support • Prescreening Process • Injury and Illness Data • Active/anticipated worksite list • OSHA, after consulting with the applicant, will determine the DGA

16. Two Phase Onsite Evaluation Contact Initiated Demonstration Candidate Eligibility Determination and Application Guidance VPP Manager or Coordinator Application Review VPP Manager or Coordinator Application Submittal Demonstration Candidate Participation Decisions VPP Manager/RA (in conjunction with Candidate) Corporate Onsite Evaluation OSHA Evaluation Team Worksite Evaluation(s) OSHA Evaluation Team

17. Two-Phased Onsite Evaluation • Corporate Onsite Evaluation • Worksite Evaluation(s)

18. Phase 1 - Corporate Onsite Evaluation • The focus is to verify that the applicant has all of the policies, procedures, and programs (e.g. confined space) in place to effect VPP Star quality safety and health at all locations within the DGA • Verify all information described in the application and participation plan • Length of onsite evaluations may vary

19. Corporate Onsite Evaluation Elements • Evaluation elements will include: • Assessment of management leadership • Assessment of employee involvement • Review of corporate SHMS • Review of prescreening/oversight processes • Measure safety and health performance • Review Recordkeeping • Annual Evaluations

20. How Many Worksites Do We Evaluate? • The Regional Administrator has the discretion to select the number of onsite evaluations based on the following criteria: • The number needed to cover all the types of work performed • The phases of construction and the nature of the hazards • The geographic scope of the application • Other factors which OSHA determines may affect its ability to fully and accurately assess the effectiveness of the SHMS • Normally will not exceed the number of programmed inspections the Regional Administrator would otherwise expect an applicant to receive • F.W. Dodge Reports serve as basis, where applicable

21. Phase 2 - Worksite Evaluation(s) • Number and Location determined by OSHA • Evaluated using a similar process to a VPP Corporate Facility • Verify that the corporate SHMS is in place and effective • Interview employees and management • Review any site-specific elements • Verify compliance with OSHA regulations • Non-controlling applicants will need to gain written assurance from controlling employer that OSHA can come onsite

22. Selected Worksite VPP Approval • Decisions • VPP Star • VPP Merit • Application Denial • One or more sites do not meet VPP minimum requirements (MR)

23. Report Format • Use VPP Site Report and VPP Worksheet to Document Corporate SHMS • Will provide supplemental instructions regarding differences • Temporary solution • One report that documents and verifies findings

24. Continuing Participation Requirements

25. Reapproval, Withdrawal and Termination • Reapproval • Evaluate additional worksite(s) every 12 to 18 months • Number of sites same rules as application process • Evaluate corporate SHMS every 5 years • Withdrawal/Termination • RA will: • Give the company 30 days to meet requirements; or • Ask the company to withdraw from the Demonstration. • May terminate if employer fails to withdraw • Appeals to Assistant Secretary

26. Annual Evaluation • Submit by February 15th • Same format as traditional VPP with few exceptions: • Employment estimates for previous Year +TCIR and DART Rates • Active/anticipated worksite list for current year • Union support update for current year

27. The Path Forward • Effective October 1, 2006, all current VPP Star Demonstration Programs will terminate • Current Demo participants grandfathered into new Mobile Workforce Demonstration for Construction • Traditional VPP still available • Long-term sites • Resident contractors at VPP sites • VPPC FY 2007