NAC459.95435. Duties of owner or operator concerning contractors; duties of contractors.

     1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall:

     (a) When selecting a contractor, obtain and evaluate information regarding the safety performance and programs of the contractor;

     (b) Inform the contractor of known potential fire, explosion or toxic release hazards related to the work of the contractor and to the process on which he or she is working;

     (c) Explain to the contractor the applicable provisions of NAC 459.9544 and 459.95442;

     (d) Develop and implement safe work practices consistent with NAC 459.95416; and

     (e) Periodically evaluate the performance of the contractor in satisfying the requirements of subsection 2.

     2. The contractor shall:

     (a) Ensure that each of the contractor’s employees who will work on the process is trained in the work practices necessary to perform his or her job safely;

     (b) Ensure that each of the contractor’s employees who will work on the process is instructed in:

          (1) The known potential fire, explosion or toxic release hazards related to his or her job and the process on which he or she is working; and

          (2) The applicable provisions of the emergency action plan;

     (c) Document that each of the contractor’s employees who will work on the process has received and understood the training required pursuant to this subsection;

     (d) Prepare a record that contains:

          (1) The identity of the employee;

          (2) The date of training; and

          (3) The means used to verify that the employee understood the training;

     (e) Ensure that each of the contractor’s employees who works on the process follows the safety rules of the facility, including, without limitation, the safe work practices required pursuant to NAC 459.95416; and

     (f) Advise the owner or operator of any unique hazards presented by or found during the work of an employee.

     3. This section:

     (a) Applies to contractors who perform maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a process.

     (b) Does not apply to contractors who provide incidental services that do not influence process safety, including, without limitation, janitorial work, food and drink services, laundry, delivery or other supply services.

     (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005)