Contractor safety

Scope

This topic applies to all companies that use contractors to perform a service that may or may not include construction work.

Regulatory citations

There is no single, specific regulatory citation for this topic. However, OSHA’ s Multi-Employer Citation Policy should be used as a reference.

Key definitions

• Contractor/Subcontractor: A person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration, or repair. A person doing the work would also be considered a contractor or subcontractor if the work in question involves the performance of construction work and is to be performed:
  • Directly on or near the construction site, or
  • By the employer for the specific project on a customized basis.

• Multi-Employer Citation Policy: Under the Multi-Employer Citation Policy, CPL 2-0.1241 (the Multi-Employer Policy), “more than one employer may be citable for a hazardous condition that violates an OSHA standard.” Any employer that exposes one of its employees to the hazards created by an unsafe condition may be subject to an OSHA citation. In situations where an employer’s own employees are not exposed to a hazard, that employer may still be subject to OSHA coverage if the employer qualifies as a “creating,” “correcting,” or “controlling” employer. A two-step process is used to determine whether more than one employer may be cited for a hazardous condition:
  • Step one. The first step is to determine whether the employer is a creating, exposing, correcting, or controlling employer. Once you determine the role of the employer, step two is used to determine whether a citation is appropriate.
  • Step two. If the employer falls into one of the four categories, it has obligations with respect to OSHA requirements. Step Two is to determine if the employer’s actions were sufficient to meet those obligations. The extent of the actions required of an employer varies based on which category applies.

Summary of requirements

Because contractors often perform very specialized and potentially hazardous tasks, such as confined space entry activities and non-routine repair activities, their work must be controlled. Some safety procedures that contractors need to address with their employees before they go on a jobsite include:

• Assuring that employees are trained in the work practices necessary to perform the job safely, including potential fire, explosion, or toxic release hazards.
• Assuring that employees know the applicable provisions of the emergency action plan.
• Documenting contract employee training.
• Informing employees of and enforcing safety rules at the host facility, particularly those implemented to control the hazards during operations in which they are involved.
• Requiring that all contractors and subcontractors abide by the same rules.
• Providing a current workers’ compensation insurance certificate and general liability coverage with the contracting company.
• Ensuring that employees comply with all applicable local, state, and federal safety requirements, as well as with any safety rules and regulations set by the company at which it is performing the contracted work.
• Discussing multi-employer roles and responsibilities regarding safety requirements.