February 16, 2022

Mr. Eric Moulton
VP of Engineering
McEntire Produce, Inc.
PO Box 5817
Columbia, SC 29250

Dear Mr. Moulton:

Thank you for your letter to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs. You have requested an interpretation on contract employer training requirements in OSHA's 29 CFR § 1910.119 – Process Safety Management (PSM) of Highly Hazardous Chemicals (HHC). This letter constitutes OSHA's interpretation of the requirements discussed in the letter and may not be applicable to other questions not delineated within your original correspondence.

Scenario: McEntire Produce, Inc. (referred to as the “host employer”), is currently evaluating options for ensuring their contract employees are adequately trained. The host employer believes their internal training program addresses 29 CFR § 1910.119(h)(2)(ii)–(iv) and 29 CFR § 1910.119(h)(3)(ii) requirements which can be used to train contract employees. The host employer's training program will not cover training required by 29 CFR § 1910.119(h)(3)(i). The host employer proposes to require their contract employers to schedule training for each of their contract employees. The host employer would conduct the training and then provide the training documentation to the contract employers to certify completion of training.

Question 1: Will the contract employers be in compliance with 29 CFR § 1910.119(h)(3)(ii)–(iv) if the contract employees are trained by the host employer, rather than by the contract employer?

Response: A contract employer's responsibility to ensure its contract employees receive the required training in 29 CFR § 1910.119(h)(3)(ii)¹ may be satisfied by a training program provided by the host employer, rather than the contract employer, as long as the contract employer has assured that the host employer's training program satisfies the requirements set forth in that provision.² Similarly, a contract employer's responsibility in 29 CFR § 1910.119(h)(3)(iii) to document that each contract employee has received and understood this required training may be satisfied by documentation provided by the host employer after the training is completed, provided the contract employer has assured that the host employer's documentation satisfies the requirements of the standard. This includes assuring that the host employer has used adequate means to verify employees' understanding of the training. The contract employer is responsible for maintaining the training documentation provided by the host employer. The contract employer is also responsible for verifying that new contract employees are adequately trained prior to performing work activities. The contract employer remains responsible for compliance with 29 CFR § 1910.119(h)(3)(iv)³, assuring that contract employees follow the guidance of the host employer's training program, which includes safe work practices required by 29 CFR § 1910.119(f)(4).⁴

Question 2: Are the requirements of 29 CFR § 1910.119(h)(3)(iii) satisfied if the contract employer maintains training records, prepared by the host employer?

Response: Yes, the contract employer can be in compliance with 29 CFR § 1910.119(h)(3)(iii) if the host employer, rather than the contract employer, prepares the required records. However, the contract employer must ensure that the records prepared by the host employer satisfy the standard's requirements. To be in compliance with 29 CFR § 1910.119(h)(3)(iii), the training records must include the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training. As explained above, the contract employer is responsible for assuring that the host employer has used adequate means to verify employees' understanding. Lastly, the contract employer must maintain the required training records for each contract employee.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation.

To assure that you are using the correct information and guidance, please consult OSHA's website at http://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Enforcement Programs at (202) 693-2100.

Sincerely,

Kimberly Stille
Director, Directorate of Enforcement Programs

¹ 29 CFR § 1910.119(h)(3)(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.

² The contract employer remains responsible for separately complying with 29 CFR § 1910.119(h)(3)(i) to assure each contract employee is trained in the work practices necessary to safely perform his or her job, which is beyond the scope of the host employer's training program in this scenario. For any such training provided outside of the host employer's training program, the contract employer must prepare and maintain documentation in compliance with 29 CFR § 1910.119(h)(3)(iii).

³ 29 CFR § 1910.119(h)(3)(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.

⁴ 29 CFR § 1910.119(f)(4) - The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.