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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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 34 of 64 PageID #: 2766 requirement to act as an administrator for accreditation assessment by the National Craft Assessment and Certification Program (NCACP) at a NCCER Accredited Assessment Center using NCCER Standardized Training and the national craft assessment and certification program, or equal. The Program will develop and have available a complete series of entry- and journey-level written assessments as part of the craft assessment and certification. These assessments will evaluate the knowledge of an individual in a specific craft area and provide a prescription for upgrade training when needed. Performance verifications will be designed to assess an individual's skill level on specific tasks. Performance verifications will require a participant to demonstrate their skill level in a controlled, observable, and measurable manner and must be administered by a qualified objective performance evaluator evidencing confidence in the craft professional’s skill, knowledge, and desire for continuous professional development and craft training for improved productivity and safety and reduced absenteeism, turnover, commit to workforce development and stay current with industry practices. The performance verifications will identify craft professionals to move into supervisory positions through skill assessment and training. The performance verifications will validate the skills supervisors have in regards to leadership, human relations, problem solving, quality control, estimating, planning, scheduling, resource control, communication, construction documents and safety. The assessment will evaluate, improve and align the assessment and set a clear path for advancement. Assist in the development and implementation of a program-wide Safety Training Program to train owner, Consultants and Contractor personnel as needed; i.e., OSHA 10-Hour Course, First Aid/CPR, Confined Space Entry (CSE), and other specific training as required in the construction safety orders maintaining documentation for these activities. Conduct monthly Contractor Safety Meetings for all Program projects. Review trends, work procedures, new and revised OSHA regulations, and job safety analysis. Conduct a pre-work safety orientation for Contractors’ project supervisors and foremen. Review site-specific hazards, requirements and the identification and correction of hazards. Record Keeping: Assist in the investigation of accidents and conduct accident review meetings within 48 hours of an accident, prepare a review report identifying safety violations, causative agents, corrective actions and disciplinary actions. Assure that all appropriate records are maintained as required by State and Federal regulations, 32 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 35 of 64 PageID #: 2767 and that all Contractors are in compliance. Document disciplinary action taken involving employees who fail to comply with OSHA or Project Safety Program requirements. Maintain record of project incident and severity rates and total project hours. Coordinate and make cost effective use of safety personnel and resources. Education/training shall include consulting with employers and employees on construction site safety, traffic control, fall protection, trench safety, OSHA regulations, drilling and blasting safety, hot and cold weld precautions, heavy equipment safety operation, scheduling and working height safety protection, hazardous material handling and health safety evaluations. These services are also incorporated into teaching programs for apprentices for safe workplace practices, to control hazards, to mitigate potential losses for employers and to foster safety. The program includes on- site safety inspections and risk assessment. Creating safe work environments is necessary to help control the workplace and increase safety awareness and loss prevention. Loss prevention includes risk evaluation, pre-inspection of sites, loss history, payroll history, nature of risk, safety practices and program compliance recommendations for implementation of safety programs. Special benefit programs with return to work, re-training, and safety cultivate retention of skilled workers. Practices reviewed are MSDS sheets, recordkeeping, safety and health programs, medical services and first aid, emergency preparedness, fire protection, personal protection equipment and clothing, housekeeping and general work environment, walkways, floors and wall openings, stairs and stairways, elevated surfaces, scaffolding, ladders, underground or below grade work, ingress, egress and exit doors, equipment, and tools, gas cylinders and air compressors, electrical equipment and wiring, storage areas, confined spaces, environmental controls, flammable and combustible materials, fueling processes, hazardous chemicals and substances, hoists, lifts, lockout-tag out procedures, material handling, light levels, noise levels, spraying levels, dust, vapors, fumes, control of harmful substances, ventilation, welding, cutting, unsafe work practices, unguarded equipment, employee postering, OSHA posters, horseplay, running, excessive vehicle speed, smoking or drug or alcohol use, duties most susceptible to injuries, drug programs, pre-employment/post-injury and random drug testing, back to work program availability and use of homework for employees, occupational disease exposure evaluation, OSHA review and/or citations. 33 | P age

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