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DOE-HDBK-1101-2004
2.6 Subcontractor Safety
Where OSHA speaks of employers, this handbook uses DOE contractors. The term DOE
contractor refers to Management and Operation (M&O), Environmental Remediation
Management Contractors (ERMC), and other DOE prime contractors. Where OSHA speaks of
contractors, this handbook uses subcontractors. This section applies to such DOE subtier
contractors, performing maintenance, repair, turnaround, major renovation, or specialty work on
or adjacent to a covered process. It does not apply to incidental subcontractors such as vendors,
janitorial workers, or delivery services.
29 CFR 1910.119 (h)
Application. This paragraph applies29  contractors performing maintenance or repair, turnaround, major
to CFR 1910.119 (h)
(1)
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.
(2)
Employer responsibilities.
(i)
The employer, when selecting a contractor, shall obtain and evaluate information regarding the
contract employer's safety performance and programs.
(ii)
The employer shall inform contract employers of the known potential fire, explosion, or toxic release
hazards related to the contractor's work and the process.
(iii)
The employer shall explain to contract employers the applicable provisions of the emergency action
plan required by paragraph (n) of this section.
(iv)
The employer shall develop and implement safe work practices consistent with paragraph (f)(4) of this
section, to control the entrance, presence and exit of contract employers and contract employees in
covered process areas.
(v)
The employer shall periodically evaluate the performance of contract employers in fulfilling their
obligations as specified in paragraph (h)(3).
(vi)
The employer shall maintain a contract employee injury and illness log related to the contractor's work
in process areas.
(3)
Contract employer responsibilities.
(i)
The contract employer shall assure that each contract employee is trained in the work practices
necessary to safely perform his/her job.
(ii)
The contract employer shall assure that each contract employee is instructed in the known potential fire,
explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions
of the emergency action plan.
(iii)
The contract employer shall document that each contract employee has received and understood the
training required by this paragraph. The contract employer shall prepare a record which contains the
identity of the contract employee, the date of training, and the means used to verify that the employee
understood the training.
(iv)
The contract employer shall assure that each contract employee follows the safety Rules of the facility
including the safe work practices required by paragraph (f)(4) of this section.
(v)
The contract employer shall advise the employer of any unique hazards presented by the contract
employer's work, or of any hazards found by the contract employer's work.
44


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