VPP in ConstructionVPP in Construction

Paula O. WhiteDirector, Cooperative and State ProgramsOccupational Safety and Health Administration

ASSEJune 14, 2005

VPP for Construction VPP for Construction Why? Why?

Provides flexibility to Provides flexibility to meet unique aspects meet unique aspects of industryof industry

Companies may Companies may attain recognition at attain recognition at different levelsdifferent levels

VPPC OVERVIEWVPPC OVERVIEW

Site-based Site-based – Similar to traditional VPP but only available for long-Similar to traditional VPP but only available for long-

term sites (two or more years in duration)term sites (two or more years in duration)

DemonstrationDemonstration– Allows VPP approval for alternative programs that Allows VPP approval for alternative programs that

may not be covered by VPPC may not be covered by VPPC

Corporate, Division, Business Unit (C/D/BU)Corporate, Division, Business Unit (C/D/BU)– Covers all work activities within a designated Covers all work activities within a designated

geographical areageographical area

Highlights: What’s NewHighlights: What’s New

Eligibility: C/D/BUEligibility: C/D/BU

CorporateCorporate

DivisionDivision

Business UnitBusiness Unit

Open to all contractorsOpen to all contractors– Large generalsLarge generals– Small subsSmall subs

OSHA Proposed C/D/BUOSHA Proposed C/D/BU

Approval and RecognitionApproval and Recognition

– All contractually responsible work All contractually responsible work – Limited to state boundariesLimited to state boundaries– Option for expansionOption for expansion

EvaluationsEvaluations– One Corporate onsite One Corporate onsite – Site/project-level onsite evaluations will follow a tiered Site/project-level onsite evaluations will follow a tiered

approachapproach– Corporate evaluations recognized by all regionsCorporate evaluations recognized by all regions

Major Issues With the ProposalMajor Issues With the Proposal

Number of Site/Project Evaluations Number of Site/Project Evaluations Union Support Union Support – Method Method – Amount Amount

New Requirements New Requirements – Corporate Oversight Corporate Oversight – Fall Protection Fall Protection – Sub-contractor prequalification Sub-contractor prequalification – Drug ProgramDrug Program

Proposal Too Cumbersome Proposal Too Cumbersome

What We Heard:What We Heard:How many C/D/BU evaluations How many C/D/BU evaluations

should be required?should be required?

90% of responders support the 90% of responders support the conceptconcept of of

a tiered approach as proposed in VPPCa tiered approach as proposed in VPPC

33% of supporters prefer to see a higher 33% of supporters prefer to see a higher

number of site inspections (closer to 10%)number of site inspections (closer to 10%)

Union Support Union Support

Complex Issue:Complex Issue:

Jobs not planned or startedJobs not planned or started

Uncertainty of which unions are affectedUncertainty of which unions are affected

Some unions come to site for short periods of Some unions come to site for short periods of time (1 day to 2 weeks)time (1 day to 2 weeks)

Union SupportUnion Support OSHA Proposal: OSHA Proposal:

Each union could do own signed statement of Each union could do own signed statement of supportsupport

President of local Building Trades Council could President of local Building Trades Council could sign on behalf of all local unionssign on behalf of all local unions

President of Building and Construction Trades President of Building and Construction Trades Dept, AFL-CIO, and/or general presidents of Dept, AFL-CIO, and/or general presidents of international unions could sign statement of international unions could sign statement of support.support.

OSHA Proposed:OSHA Proposed:Corporate OversightCorporate Oversight

A process to review and analyze A process to review and analyze project/site information regarding project/site information regarding the identification, correction, and the identification, correction, and tracking of workplace hazardstracking of workplace hazards

100% of responders agreed that a 100% of responders agreed that a

corporate oversight system is a corporate oversight system is a

good requirementgood requirement

Related Questions Related Questions

100% Fall Protection100% Fall Protection

50% said50% said yes yes

Subcontractor PrequalificationSubcontractor Prequalification

44% said yes44% said yes

Drug Testing/ScreeningDrug Testing/Screening

66% said Yes66% said Yes

Some Commenter Concerns Some Commenter Concerns

Proposal too cumbersome for small contractorsProposal too cumbersome for small contractors

Requires too much administrative effort for small Requires too much administrative effort for small

companies without full time safety personnelcompanies without full time safety personnel

Inadequate incentives provided for participationInadequate incentives provided for participation

Potentially negative impact on OSHA inspection Potentially negative impact on OSHA inspection

programprogram

Cooperative Programs to Cooperative Programs to Participate In Now Participate In Now

Traditional VPP (Site Based)Traditional VPP (Site Based)

Demonstration ProgramsDemonstration Programs

– Short-Term ConstructionShort-Term Construction

– Mobile WorkforceMobile Workforce

– Region V Demonstration PilotRegion V Demonstration Pilot

– Resident Contractor at Non-VPP SitesResident Contractor at Non-VPP Sites

OSHA Challenge – Construction TrackOSHA Challenge – Construction Track

PartnershipsPartnerships

VPP DemonstrationsVPP Demonstrations 1993: Resident Contractor Demo1993: Resident Contractor Demo– JE Merit, Brown& Root JE Merit, Brown& Root – 2001- Adopted into regular VPP2001- Adopted into regular VPP

1998: Mobile Workforce Star Demo* 1998: Mobile Workforce Star Demo* – LPR Construction , E & K of Omaha, HDR EngineeringLPR Construction , E & K of Omaha, HDR Engineering

1998: Short-Term Construction Star Demo*1998: Short-Term Construction Star Demo*– J.E. Merit, Torcon, Black and Veatch J.E. Merit, Torcon, Black and Veatch

2003- Region V Mobile Workforce Pilot2003- Region V Mobile Workforce Pilot– Century, Danis, FurgersonCentury, Danis, Furgerson

2004- Resident Contractors at non-VPP host sites. 2004- Resident Contractors at non-VPP host sites.

OSHA ChallengeOSHA Challenge

Road Map for safety and Road Map for safety and health health

RecognitionRecognition

Conserve OSHA resourcesConserve OSHA resources

Increase and expedite Increase and expedite participationparticipation

Challenge AdministratorsChallenge Administrators

•Curtis Lumber CompanyCurtis Lumber Company•United States Postal ServiceUnited States Postal Service•VPP Participants’ AssociationVPP Participants’ Association•Black & VeatchBlack & Veatch•Construction Safety CouncilConstruction Safety Council•Ohio Valley VPPACOhio Valley VPPAC•Associated Builders and Associated Builders and ContractorsContractors•Associated General Associated General Contractors of AmericaContractors of America•NEA - Association of Union NEA - Association of Union ConstructorsConstructors•Independent Electrical Independent Electrical ContractorsContractors

Next StepsNext Steps

Continuing review with the Agencies Continuing review with the Agencies

Final decision will determine the timeframe for Final decision will determine the timeframe for revised FRNrevised FRN

Final FRN may reflect changes from the original Final FRN may reflect changes from the original proposal based on decisions by the Acting proposal based on decisions by the Acting Assistant Secretary. Assistant Secretary.

Questions? Contact the Directorate of CooperativeQuestions? Contact the Directorate of Cooperativeand State Programs 202 693-2213. and State Programs 202 693-2213.

Questions or Comments?Questions or Comments?

Contact

Paula Whitewhite.paula@dol.gov202-693-2200