[Code of Federal Regulations]
[Title 40, Volume 12]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR68.87]

[Page 175-176]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
 
                 Subpart D--Program 3 Prevention Program
 
Sec. 68.87  Contractors.

    (a) Application. This section applies to contractors performing 
maintenance or repair, 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) 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.
    (2) The owner or operator shall inform contract owner or operator of 
the known potential fire, explosion, or toxic release hazards related to 
the contractor's work and the process.
    (3) The owner or operator shall explain to the contract owner or 
operator the applicable provisions of subpart E of this part.
    (4) The owner or operator shall develop and implement safe work 
practices consistent with Sec. 68.69(d), to control the entrance, 
presence, and exit of the contract owner or operator and contract 
employees in covered process areas.

[[Page 176]]

    (5) The owner or operator shall periodically evaluate the 
performance of the contract owner or operator in fulfilling their 
obligations as specified in paragraph (c) of this section.
    (c) Contract owner or operator responsibilities. (1) The contract 
owner or operator shall assure that each contract employee is trained in 
the work practices necessary to safely perform his/her job.
    (2) The contract owner or operator 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.
    (3) The contract owner or operator shall document that each contract 
employee has received and understood the training required by this 
section. The contract owner or operator shall prepare a record which 
contains the identity of the contract employee, the date of training, 
and the means used to verify that the employee understood the training.
    (4) The contract owner or operator shall assure that each contract 
employee follows the safety rules of the stationary source including the 
safe work practices required by Sec. 68.69(d).
    (5) The contract owner or operator shall advise the owner or 
operator of any unique hazards presented by the contract owner or 
operator's work, or of any hazards found by the contract owner or 
operator's work.