Section 5100.12 - Contractors(a) Application. This section 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.(b) Owner or operator responsibilities. (1) The owner or operator, when selecting a contractor, shall obtain and evaluate information regarding the contract owner or operator's safety performance and programs.(2) The owner or operator shall inform the contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.(3) The owner or operator shall explain to the contract owner or operator the applicable provisions of Article 8.(4) The owner or operator shall develop and implement safe work practices consistent with Section 5100.3(d), to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered process areas.(5) The owner or operator shall periodically evaluate and document the evaluation of the performance of the contract owner or operator in fulfilling their obligations as specified in section (c).(c) Contract owner or operator responsibilities.(1) The contract owner or operator shall assure that each contract employee is trained in the work practices necessary to safely perform his or her job.(2) The contract owner or operator shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his or her job and the process, and the applicable provisions of the emergency action plan.(3) The contract owner or operator shall document that each contract employee has received and understood the training required by this section. The contract owner or operator 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.(4) The contract owner or operator shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by Section 5100.3(d).(5) The contract owner or operator shall advise the owner or operator of any unique hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.Cal. Code Regs. Tit. 19, § 5100.12
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 25531, Health and Safety Code; and Section 68.87, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2760.12 to new section 5100.12, including amendment of subsections (b)(3)-(4) and (c)(4), filed 3-6-2024 (Register 2024, No. 10).