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§ 2762.12. Contractors.

19 CA ADC § 2762.12Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 19. Public Safety
Division 2. California Governor's Office of Emergency Services
Chapter 4.5. California Accidental Release Prevention (CalARP) Program Detailed Analysis
Article 6.5. Program 4 Prevention Program
19 CCR § 2762.12
§ 2762.12. Contractors.
(a) Application. This section applies to contractors performing maintenance or repair, supply services, 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) Stationary source 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 and shall require that its contractors and any subcontractors use a skilled and trained workforce pursuant to Health and Safety Code Section 25536.7.
(2) The owner or operator shall inform the contract owner or operator and shall ensure that the contract owner or operator has informed each of its employees of the work practices necessary to safely perform his or her jobs, including but not limited to: the potential hazards related to their jobs; applicable refinery safety rules; and in the applicable provisions of the stationary source's emergency action plan.
(3) The owner or operator shall explain to the contract owner or operator the applicable provisions of Article 7.
(4) The owner or operator shall develop and implement effective written procedures to ensure the safe entry, presence, and exit of the contract owner or operator and contract employees in process areas.
(5) The owner or operator shall periodically evaluate the performance of the contract owner or operator in fulfilling their obligations as specified in subsection (c).
(6) The owner or operator shall ensure and document that the requirements of this section are performed and completed by the contractor owner or operator.
(c) Contract owner or operator responsibilities.
(1) The contract owner or operator shall ensure that each contract employee is trained in the work practices necessary to safely perform his or her jobs, including but not limited to: the potential hazards related to their jobs; applicable refinery safety rules; and in the applicable provisions of the stationary source's emergency action plan, and shall meet the requirements of Health and Safety Code Section 25536.7.
(2) The contract owner or operator shall document that each contract employee has successfully completed the training required by this section by maintaining a record identifying:
(A) each employee who has received training;
(B) the date(s) and subject(s) of training each employee has received;
(C) and the means used to verify that the employee understood the training received.
(3) The contract owner or operator shall ensure that each contract employee follows the safety and health procedures of the stationary source.
(4) The contract owner or operator shall advise the owner or operator of any specific hazards presented by the contract owner or operator's work, or of any hazards found by the contract owner or operator while performing work for the stationary source.
(5) Nothing in this subsection shall preclude the stationary source owner or operator from requiring a contractor or an employee of a contractor to whom information is made available under this section to enter into a confidentiality agreement prohibiting him or her from disclosing such information, as set forth in CCR Title 8, Section 5194(i).

Credits

Note: Authority cited: Section 8585, Government Code; and Sections 25531, 25536.7 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Section 25531, Health and Safety Code; and Section 68.87, Part 68, Title 40, Code of Federal Regulations.
History
1. New section filed 8-3-2017; operative 10-1-2017 (Register 2017, No. 31).
This database is current through 9/22/23 Register 2023, No. 38.
Cal. Admin. Code tit. 19, § 2762.12, 19 CA ADC § 2762.12
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