Subcontractor Safety

DOE-HDBK-1101-96

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)

(1)

Application. This paragraph 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.

(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.

Intent

The objective of the subcontractor safety element is to ensure that levels of safety are not

compromised by subcontractor operations and that subcontractor employees are an integral part of