Are you responsible for contractor training when a contractor is working at your site? Do you regularly conduct such training? In a BLR webinar entitled "Contractor Safety Management: Who’s Responsible for Safety On-Site?" Adele L. Abrams, Esq., offered some guidance on what obligations employers have to train contractors who are working at any of their sites.
The Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA) both have standards that require development of written programs, certifications, or specific employee training or competency. These standards should be carefully reviewed by employers using contractors because they may contain requirements that have multi-employer worksite ramifications with respect to coordination of the various employers’ training programs and procedures.
MSHA has little case law clarifying training needed for different types of contractors. Their regulations distinguish between “miners” and “non-miners” but have some critical issues that are unclear. For example, exposure to “mine hazards” is undefined in terms of training, the “frequency” of presence is unclear, and it is unclear how to compute when a contractor works at multiple sites. Additionally, MSHA is not giving full recognition to exemptions for customers, vendors, delivery workers, and over-the-road commercial truckers.
Adele L. Abrams, Esq., CMSP, is the firm president and an attorney at the Law Office of Adele L. Abrams PC. (www.safety-law.com) She is a Certified Mine Safety Professional, a Court-Approved Mediator, and a Collaboratively Trained Attorney. The Law Office of Adele L. Abrams PC is a full service law firm, focusing on employment, occupational and mine safety and health, and family law. Their attorneys handle OSHA/MSHA administrative law cases around the United States. In addition to their litigation practice, they offer mediation and collaborative law services, as well as consultation, audits, and training on safety, health and employment law issues.
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