1910.119(h)(2): Host Employer Duties for Contractors in PSM
Employers covered by process safety management must check a contractor's safety performance and programs before hiring, tell contractors about known fire, explosion or toxic release hazards, and explain the emergency action plan. They must also control how contract workers enter, stay in and leave process areas, periodically evaluate contractor performance, and keep an injury and illness log for contractor work in process areas.
Key takeaways
- 1910.119(h)(2) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart H).
- OSHA cited it 26 times in the last 3 years, in 24 inspections, with $151,958 in current penalties.
- Most citations: MI (5), MN (4), KS (2).
- Related part: 1910.119(h) Contractors (49 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.119(h)(2) ("Employer responsibilities") is one requirement inside 1910.119 Process safety management of highly hazardous chemicals, an OSHA general industry standard (Part 1910, Subpart H). It includes 6 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(2) Employer responsibilities. 26 citations
(i) The employer, when selecting a contractor, shall obtain and evaluate information regarding the contract employer's safety performance and programs. Open (h)(2)(i) 9 citations
(ii) The employer shall inform contract employers of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process. 3 citations
(iii) The employer shall explain to contract employers the applicable provisions of the emergency action plan required by paragraph (n) of this section. 4 citations
(iv) The employer shall develop and implement safe work practices consistent with paragraph (f)(4) of this section, to control the entrance, presence and exit of contract employers and contract employees in covered process areas. Open (h)(2)(iv) 1 citations
(v) The employer shall periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3) of this section. 2 citations
(vi) The employer shall maintain a contract employee injury and illness log related to the contractor's work in process areas. Open (h)(2)(vi) 4 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.119.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 4 |
| 2024 | 11 |
| 2025 | 5 |
| 2026 | 6 |
Top states: MI (5), MN (4), KS (2), PA (2), TX (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| 107317 - HORMEL FOODS CORPORATION | AUSTIN, MN | $22,400 |
| DIAMOND SHAMROCK REFINING COMPANY, L.P. | THREE RIVERS, TX | $16,550 |
| TPC GROUP LLC | HOUSTON, TX | $16,550 |
| SFC GLOBAL SUPPLY CHAIN, INC. | SALINA, KS | $15,625 |
| VALERO ST. CHARLES REFINERY | NORCO, LA | $12,500 |
Free toolbox talk
A 5-minute crew talk on 1910.119(h)(2), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Employer Responsibilities and Contractor Responsibilities under the PSM Standard (2022-02-16)
- Requirement for flame-resistant clothing in petrochemical plant covered by PSM. (2006-03-07)
- Requirements for the control of personnel entering a facility under the Process Safety Management standard. (2005-03-16)
Related parts of this rule
- 1910.119(h) Contractors 49 citations
- 1910.119(h)(3) Contract employer responsibilities 23 citations
- 1910.119(h)(3)(iv) 10 citations
- 1910.119(h)(2)(i) 9 citations
- 1910.119(h)(3)(ii) 6 citations
- 1910.119(h)(2)(vi) 4 citations
- 1910.119(h)(2)(iv) 1 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
What must be checked before hiring a contractor?
The contract employer's safety performance and programs.
What hazards must be shared with contractors?
Known potential fire, explosion or toxic release hazards related to the contractor's work and the process.
Must the host keep a log for contractors?
Yes. The employer must maintain a contract employee injury and illness log related to the contractor's work in process areas.
About this page
Sources
- 29 CFR 1910.119 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-21
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.