Contractor Safety

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Contractor Safety
Jet Research Center

• Program

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Instructors
Halliburton Bryan Wollam
HSE Operational Excellence Manager Work
Phone [phone] bryan.wollam_at_halliburton.com
Halliburton Keith Utter
HSE Supervisor Work Phone
817-761-2012 keith.utter_at_halliburton.com
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Course Overview

• Multi-Employer Responsibility
• Joint Employers
• Prime and Subcontractors
• Control Exposure
• Contractor Safety Control
• Training
• Contractor Work Authorizations
• Pre-Start Up Safety Reviews

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Multi-Employer Responsibility
Halliburton Bryan Wollam
HSE Operational Excellence Manager Work
Phone [phone] bryan.wollam_at_halliburton.com
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General

• Multi-employer responsibility is one of the most
  difficult areas of occupational safety and health
  law.
• Who is responsible
• Recordkeeping
• Citations
• Liability
• Workman Compensation Civil Liability

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Joint Employers

• In many instances employees have simultaneously,
  employment relationships with multiple employers.
• Leased equipment and Operator
• Contractors Subcontractors
• Temporary Employees

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Determining Liability

• The Commission and the Courts have rejected the
  common law concept of master and servant, but
  have focused on business reality and the purpose
  of the Act.
• Who pays the employee?
• Who directs and controls the employee?
• Who provides the safety training Instructions?
• Who does the employee consider to be their
  employer?
• of Liability is determined by Responsibility

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Joint EmployersDetermining Responsibility

• Employer responsibility is generally determined
  by which employer
• Controls
• Supervises
• or Directs the loaned employee
• Supervision, direction, and control are used to
  analyze the liability of secondary employers.

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Benchmark Cases

• In Archer-Western Contractors, Ltd., the
  commission held that a secondary employer, which
  directed and controlled a loaned employee, could
  not avoid responsibility for the employees
  actions by claiming that the employee worked for
  an independent contractor.
• IBP, Inc., the Commission held that the cited
  employer was responsible for violations created
  by an independent contractor because the cited
  employer had supervisor authority over the
  worksite, contractual authority to bar from the
  site, and responsibility to abate violations.

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Prime Subcontractors - Generally

• Most common multi-employer problems involves
  prime and subcontractors on construction sites.
• Employees of one employer may be exposed to
  hazards created by employees of other employers.

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Which Employer has Violated the Act

• The employer that controls the work area
  containing the hazard?
• The employer that has employees exposed to the
  hazard?
• Both Employers?
• A 3rd party, such as the land owner or General
  Contractor?

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Commission Courts

• Have come to realize that multi-employer problems
  can be described in terms of two concepts
• Control means control of the hazard, either by
  creating a hazard or having the ability to abate
  it.
• Exposure refers to whether employees of an
  employer have access to the zone of danger.

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Commissions View

• Where an employer has control of a hazard, the
  Secretary must only show that there is access to
  the zone of danger.
• According to the courts well-reasoned opinion,
  where an employer is in control of an area and
  responsible for its maintenance, the Secretary
  need only show that a hazard has been committed
  and that the area of the hazard was accessible to
  the employees of the cited employer or those of
  other employers engaged in a common undertaking

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Underhill Construction Corp Decision

• Underhill is an important decision and stands for
  two separate but related principals
• First, the Secretary need only prove access to
  the zone of danger actual exposure is not
  required.
• Second, an employer may be in violation of
  5(a)(2) even if none of its own employees are
  exposed.
• The Commission has extended Underhill beyond
  construction to all multi-employer situations.

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Jet Research Center Contractor Safety Control
Program
Halliburton Keith Utter
HSE Supervisor Work Phone
817-761-2012 keith.utter_at_halliburton.com
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How to Minimize Liability Improve Workplace
Safety

• Develop and implement a written Contractor Safety
  Control Program.

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JRC Contractor Safety Program

• Written Procedure
• Contractor Work Authorization (CWA) Permit
• Other Permits linked to the CWA
• Contractor Briefing
• Site Pre-Start up Safety Review
• Training with your supervisors and other
  personnel who have the authority to authorize
  contractor work.

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Contractor Performance

• 2005/2006 Performance
• Prior to Program
• 38 Unsafe Reports
• 5 Serious Incidents
• 2 Recordable Injuries
• 2 Environmental Incidents.
• 1 significant process interruption.

• 2007-2008 Performance
• After Program
• 2007 1 Unsafe Report
• 2008 0 Unsafe Reports
• 1 minor incident
• 0 Serious Incidents
• 0 Recordable Injuries
• 0 Environmental Incidents

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Contractor Safety Control
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Contractor CWA Process
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How it Works

• Operations knows when they are bringing
  contractors onto the site.
• Operations Completes the CWA
• Supervisors Conduct Reviews Sign the CWA
  authorizing the work.
• QHSE must sign off for high hazard zones or jobs.
• Contractor must keep CWA with them while
  performing work.
• QHSE Reviews and Files all CWA for performance
  and audit purposes.

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Contractor Safety
Jet Research Center

• Program

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