Under OSHA's PSM contractor element, the host employer, not just the contract employer, bears direct obligations. Before work begins, the host must inform the contractor of known hazards, explain emergency action plan requirements, and develop and implement safe work practices for contractor employees. The host is also responsible for evaluating the contractor's safety performance and maintaining an injury and illness log for contractors in the process area. These letters define the scope of host employer duties, the limits of those duties, and how responsibility is allocated when contractor and host obligations overlap.

What OSHA Has Said

Feb 16, 2022
Host Employer Duties and Scope After Recent Enforcement Focus
OSHA addresses host employer obligations in the context of recent enforcement actions, confirming that the host's duty to ensure contractor awareness of process hazards cannot be delegated entirely to the contractor employer. The host must verify compliance.
Read OSHA Letter ↗
Jun 29, 1994
Host Employer Pre-Work Hazard Communication Requirements
OSHA clarifies that the host must communicate known process hazards before work begins through a documented process that the contractor employer can incorporate into its safety program.
Read OSHA Letter ↗
Mar 16, 2005
Host Employer Injury and Illness Log for Contractor Employees
OSHA confirms that the host employer is required to maintain a separate log of injuries and illnesses involving contractor employees who work in the covered process area, distinct from the contractor's own OSHA 300 log.
Read OSHA Letter ↗

⚡ Key Compliance Takeaway

As host employer, you cannot outsource your contractor element obligations. You must communicate process hazards in writing before work begins, document contractor performance evaluations, and maintain your own injury and illness log for contractors in the process area.