What Is Contractors Under PSM?
Section 1910.119(h) recognizes that contract workers often perform the most hazardous tasks at covered facilities — turnarounds, maintenance, construction, and specialty work on pressurized systems. OSHA's Contractors element creates a dual obligation: the host employer has responsibilities, and the contract employer has separate, independent responsibilities. Both are required to comply.
The host employer must evaluate the contractor's safety performance and programs before selecting them for work on or near a covered process. The host employer must also inform contract employers of known potential fire, explosion, or toxic release hazards and explain the applicable provisions of the site emergency action plan.
Contract employers must train their own workers on the process hazards they will encounter and ensure their workers follow the site safety rules. They must advise the host employer of any unique hazards presented by their work and of any previously unknown hazards discovered during the work.
What the Standard Actually Requires
- 1Host Employer — Contractor Selection — Must evaluate contractor safety performance and programs before awarding work on or adjacent to covered processes.
- 2Host Employer — Hazard Communication — Must inform contractors of known fire, explosion, and toxic release hazards related to their work and the process.
- 3Host Employer — Emergency Action Plan — Must explain emergency action plan provisions applicable to contractor employees.
- 4Host Employer — Safe Work Practices — Must develop and implement safe work practices to control entrance, presence, and exit of contractors.
- 5Contract Employer — Worker Training — Must train their own employees on process hazards, applicable safety rules, and safe work practices.
- 6Contract Employer — Hazard Notification — Must advise host employer of unique hazards their work presents and hazards discovered during work.
Common Violations OSHA Cites
These are the deficiencies inspectors most frequently document in Contractors programs. Each can represent a separate citation.
Frequently Cited Violations
- No contractor safety pre-qualification process — contractors selected without evaluation of safety record
- Process hazard information not communicated to contractors before work begins
- Emergency action plan not reviewed with contractor workers prior to entry
- Contractor employees not trained on specific hazards of process work area
- No documentation of contractor safety training
What Inspectors Look For
- Requesting the contractor pre-qualification process and records for current contractors
- Interviewing contractors to verify they were informed of process hazards before starting work
- Checking sign-in/orientation logs to verify emergency action plan briefing
- Reviewing contractor training records to confirm process-specific hazard training
Consequences of Contractors Failures
Contractor fatalities are disproportionately high in PSM-covered industries. The 2010 Tesoro Anacortes refinery explosion that killed seven workers occurred during a turnaround — when contractor and host employer coordination failures are most likely. The CSB consistently finds that contractors are inadequately briefed on process hazards.
Penalty Exposure — Contractors
OSHA penalty range for Contractors violations: $4,000-$15,625 per violation. Contractor element violations can be cited against both the host employer and the contract employer. Penalties for willful violations reach $15,625 per instance, and repeated failures in contractor safety programs can trigger enhanced enforcement.
Documents Your CON Program Needs
An OSHA compliance inspection for Contractors will typically request the following. Gaps in any of these areas may result in citations.
Required Documentation
- Contractor pre-qualification evaluation process and records
- Contractor hazard communication records (signed acknowledgment)
- Site safety orientation/emergency action plan briefing records
- Contractor employee training records
- Contractor injury/illness data from prior projects
Related LOI Guidance
OSHA has clarified these specific questions about the Contractors element through official Letters of Interpretation:
Get Contractors Documents — Ready to Use
SafeGuard PSM provides OSHA-aligned Contractors procedures, templates, and checklists that you can implement today. Written by PSM professionals. Formatted for actual field use.
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