The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

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Percy Program - Alternative Employment Practice EDNY 20-cv-06131

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  • Percy
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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 32 of 64 PageID #: 2764 Confined Space Excavations How to deal with: Asbestos, Lead, Mold and Mildew Authorized Certification Training Fire Safety Director (FSD) Emergency Action Plan Director (EAPD) Building Maintenance, Operations and Recordkeeping (FSD Refresher The following services will be provided: Safety and Loss Control: provide the safety services described below for all projects covered by the Program. A Program Safety Manager will be provided, assisted by appropriate staff, will serve as the focal point of the Project Safety Program development, implementation and oversight. A safety staffing plan and corresponding yearly staffing costs shall be provided as part of the Program. This information will be reviewed as part of the overall approach. Safety Administration: Shall be the primary responsibility for the development of the Program safety standards under plan. The Program shall prepare and provide the Program Safety Manual and have it reviewed by the Program insurance carriers for compliance with both the owner and their standards. The owner’s interest in any safety or loss control negotiations with the insurance carriers are covered by the Program. Review and comment on the safety provisions in construction contracts and documents and provide recommendations for improvements. Participate in all pre-bid and pre-construction meetings; promote a positive and serious attitude toward safety. Prepare, implement, and update, as necessary, a comprehensive Program Safety, Health, Security and Environmental Program Plan in conjunction with the owner safety staff and with approval of the Program insurance carriers. Assist the owner and with specifying appropriate contractor safety staffing requirements. Provide interpretation of current local, State and Federal Safety and Health rules and regulations and, in addition, provide consultation for unique safety issues. Attend Contractor Progress Meetings as needed and address safety issues on noncompliance with rules, regulations and the Safety Program standards. 30 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 33 of 64 PageID #: 2765 Conduct Pre-work Hazard Assessments as appropriate to identify potential safety concerns and recommend procedures to eliminate or reduce hazards. Review Contractors’ completed Job Safety Analysis (JSA) and recommended procedures on Pre-work Hazard Assessments. Establish and oversee Program safety and security procedures. Report all Safety, Health, Security and Environmental issues that result in conflict, and assist in implementing immediate corrections. Interface with owner, and Contractors’ staff to coordinate timely correction of identified hazards. If requested, participate in contractors’ monthly pay application review and give recommendation for retention if a Contractor has been issued a Safety Notice of Noncompliance with which the Contractor has not complied. Monitor all insurance claims and assist insurance adjusters with information related to Workers Compensation/Employers Liability, Commercial General Liability and Builder’s Risk losses. Review safety submittals including safety programs, JSAs, and resumes of contractors’ proposed safety personnel for adequacy and compliance rules, regulations and Project Safety Program standards. Attend the Standing Program Committee meetings to review highlights of construction activities, claims, and trends. Assist insurance companies with the identification and establishment of Occupational Health Clinics to be used for injuries covered by the Program. Coordinate with physicians to return employees to work quickly or with modified restrictions. Develop, evaluate and support a potential Contractor/Employee Safety Incentive Program. Assure that notification of OSHA occurs in the event of serious injury or fatality. Inspections: Conduct regular Safety Inspections with Contractor Safety Representatives, including Hazcom compliance, record-keeping reviews and maintaining documentation. Conduct and submit quarterly Contractor Safety Records and Performance Audits to assure that OSHA and contract requirements are being met. Monitor Contractor compliance with safety regulations and requirements. Assure OSHA permit requirements are met by each contractor before initiation of work. Participants will be taught administration, oversight, and organizational policies and procedures for the craft assessment and certification program. The administrator will be certified as a 31 | P age

Tag-along Lawsuits against Putative Class Defendant Members: Decision Appealed, Response and Complaint