One of the top questions we get regarding contractor safety is, “Do I have to evaluate, orientate, and audit subcontractors working for a contractor we hired?”.
OSHA’s latest revision of their PSM CPL answered this question.
Is the host employer of a PSM-covered facility responsible for the safety of subcontractors?
Response: Yes.
Section 1910.119(h) applies to all subcontractors whose work falls within the scope of covered work, as established in Section 1910.119(h)(1). Section 1910.119(h) applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services which do not influence process safety, such as janitorial work, food and drink services, laundry, delivery, or other supply services.
The host employer and the general contractors are both responsible for ensuring that the duties contained in Section 1910.119(h)(2) are performed.
Furthermore, under Section 1910.119(h)(2)(v), the host employer is responsible for assuring that the contract employer and the contract employees, which may include subcontractor(s), are properly performing their obligations under Section 1910.119(h)(3)