Text For Citation: 03 Item/Group: 014 Hazard: REFINERY

29 CFR 1910.119(h)(2)(i) The employer, when selecting a contractor, shall obtain and evaluate information regarding the contract employer's safety performance and programs. A. The employer did not regularly obtain and evaluate information regarding the contract employer's safety performance and programs. This violation was identified during inspections of the facility from November 2009 to March 2010, Silver Eagle Refining Inc., 2355 South 1100 West, Woods Cross, UT, 84087. During review of refinery documents, documents requested as 1-UOSH-178 demonstrated that an evaluation of the contract employer's safety performance and programs was not being regularly conducted. Documents provided in response to 1-UOSH-178 contained information for 5 contractors which showed only one employer provided the completed "Contractor Safety Data Questionnaire". The other 4 contractors provided their certificate of liability insurance generated by the Utah Division of Occupational and Professional Licensing, and one employer provided proof of their workers' compensation insurance. In addition, the employer's 2009 PSM Compliance Audit identified that "The refinery is not routinely requiring contractors to provide information regarding the contract employer's safety performance and program as part of the contractor selection process." By not regularly obtaining and evaluating information regarding the contract employer's safety performance and programs, the employer was deprived of critical safety history and performance information which if left unaddressed can result in employee exposures to hazardous conditions. This occurrence may be system wide and would require evaluation in all contractors throughout the refinery.