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DLLR's Division of Labor and Industry

 

Cooperative Compliance Partnership - Construction - Maryland Occupational Safety and Health (MOSH)

 

Program Description

The Cooperative Compliance Partnership (CCP) is a new way for employers in the State of Maryland and Maryland Occupational Safety and Health (MOSH) to partner together, outside the scope of traditional compliance enforcement, to ensure safe and healthful working conditions for the workers in Maryland.

MOSH Outreach Programs - Working Together for a Safer Maryland

The purpose of a CCP is to recognize employers with proactive safety and health programs and, in turn, have MOSH work with the employer to ensure employees are not exposed to hazards. The program has been running for several years in construction activities, and has exceeded our expectations as a way to ensure safe workplaces while improving employer relationships.

In general, a company or partnership requests a CCP through MOSH for a specific project in construction. MOSH then reviews the required information submitted by the company to ensure a CCP agreement is appropriate. If a CCP appears feasible, an initial site visit will be conducted. During that site visit, MOSH compares the written Safety and Health Program to actual worksite conditions and work methods. A general walk through of the site is made to determine if the company is truly proactive and that their program has evolved to the point where a cooperative agreement with MOSH, instead of a traditional enforcement relationship, is deserved. If MOSH determines that the company is qualified, a CCP agreement will be offered to the company.

Basically the signed agreement consists of Terms and Conditions between MOSH and the company. MOSH will conduct worksite visits that are scheduled with the company in lieu of programmed inspections. The company will not receive citations if any alleged hazards found during the visit are corrected immediately and the appropriate abatement information forwarded to MOSH. If numerous safety and/or health concerns are found on the worksite, the CCP could be terminated according to the agreement and MOSH may then need to respond in an enforcement mode. Traditional enforcement can occur to any other employer/subcontractor working on the site without affecting the CCP agreement. Unprogrammed inspections, such as accidents and employee complaints are covered in the Terms and Conditions of the Agreement.

This agreement is for companies whose Safety and Health Program and work methods are above industry standards. This is not a "free pass" from inspections. CCPs have rigorous requirements and only apply to one worksite per agreement. MOSH expects the best and needs to be able to place a great deal of trust in a company. Those companies that qualify, have a CCP Agreement they can be proud of and are encouraged to advertise. (For a complete list of Maryland CCPs, see List of On-going Outreach Programs.)

What is expected of the company?

  • Report all accidents or safety or health related problems to MOSH immediately.
  • Keep promises for deadlines for abatement and addressing concerns.
  • Continue to improve and maintain the company's safety and health goals.
  • Submit annual site reports to include injury/illness rates and training data.
  • Ensure all employees on their sites are provided with a safe and healthful workplace.

What can a company expect from MOSH?

  • To be treated with the respect they have earned.
  • To have scheduled site visits where MOSH representatives walk with the company representatives to observe the site and offer suggestions and compliance assistance.
  • Reduced site work interruptions or delays from general scheduled inspections.
  • An agreement the company can show clients that demonstrates their commitment to safety and health and their relationship with MOSH.
  • Once contract is awarded, the company is welcome to send a representative to sit on the CCP Networking Board to share concerns/solutions, receive safety and health regulatory updates, and work on common problems with MOSH and their peers.

Employers and employees benefit from a CCP by working with MOSH to reduce the costs of illnesses and injuries and providing safe and healthful workplaces. If you feel a CCP is right for your company, download the Cooperative Compliance Partnership (CCP) Application (Word document, 372KB, download Word viewer for free). Complete the form and then mail it to the address indicated on the form.

Cooperative Compliance Partnership (CCP) Qualification Criteria

To Qualify for a Construction CCP:

  • The Applicant Information Form must be fully completed with all requested attachments.
  • The OSHA Form 300 must be submitted and reviewed. The results of the review must show that the company does not have excessive injuries or illnesses in relation to the type of work performed.
  • The Safety and Health Program must be submitted and reviewed. The review must show a complete program that includes employee participation, management commitment, training, self inspection, disciplinary action plan, applicable work rules for work performed, and methods to ensure subcontractors are following safe work practices (e.g., requesting and reviewing safety and health programs as part of bid process and having means in contract to force subcontractors to work safely).
  • A site specific Safety and Health Program to ensure unique situations of the site are addressed before work is begun (e.g., 25' excavations, traffic control, environmental factors, new construction techniques, etc.) and that a predictable schedule of work concerns are followed.
  • A list of contractors to be performing work needs to be submitted. Histories will be run on applying company and subcontractors. Any willful violations or excessive repeats will be investigated and may preclude the company or subcontractor.
  • All employees and all subcontractors' employees entering site must go through a safety orientation/training for that particular site, before that employee can begin work. This documentation must be maintained.
  • A system must be in place to identify each contractor on site, including second, third, etc., tier contractors to ensure MOSH and the General Contractor are aware of each actual contractor performing or responsible for work on site and to ensure all employees complete the initial orientation.
  • The site description will be reviewed. If the construction activities will be completed in less than 12 months, the CCP may be infeasible. The site must fall under MOSH jurisdiction.
  • Expectations of the site visit include:
      • The site visit must not result in excessive safety or health hazard concerns.
      • The site visit must show that the employer is proactive and not just meeting the MOSH requirements, but going above and beyond minimum compliance.
      • The site visit must show an employer and employee disposition that is conducive to having a cooperative agreement with MOSH. (For example, a company that focuses on eliminating any potential hazards, whether or not it may violate a specific standard).

Finally, the company must agree to the terms of CCP Agreement contract.

Note: If an unprogrammed inspection must be made at the site, the inspection will be handled in traditional enforcement mode. If serious hazards, technically unrelated to the unprogrammed activity are noted, they will be addressed and appropriate citations and any applicable penalties may result if not immediately corrected.

For more information:

Department of Labor, Licensing and Regulation
Division of Labor and Industry
Maryland Occupational Safety and Health (MOSH)

10946 Golden West Drive
Suite 160
Hunt Valley, MD 21031
Phone: 410-527-4499
Fax: 410-527-4481