PSM Training question 1

[keyvagirl]

Under PSM we are required to train our operators and verify their understanding. We have set up a training and "certification" program to do this. We also have contract employees on site who perform mostly maintenance functions however there are a few who are actual operators. These operators are directed by the same shift leads as our directly employed operators. The contract operators receive training from both us and their contract employer. The issue we are having now is, who is responsible for "certifying" these contract operators. The PSM regulation says the "employer" but it is unclear if they mean us or the contracting company. The RMP reg talks about the "owner/operator" but doesn't specifically say they must perform the certification. What do other companies do?

 

[MiketheEngineer]

We do it OR verify it has been done. BUT usually just make them redo - just to have the papper work trail.

 

[cheute79]

The code is intentionally vague, but many parts are clear. As the owner, you (your employer) must assure that ALL operators and maintenance are adequately trained. Therefore, you can train them and maintain the records, or you can ask (and periodically audit to assure) that your contractor train his employees to your standards and satisfaction. Either way, you have a documented paper trail.

Since, typically, you are less than likely to get the same contract operators each time, it often makes sense to pass the responsibility on to the contractor, but you must have confidence that he will train those that he supplies to you.

 

[rbalex]

The fundamental principal is that a worker is neither responsible nor liable for their own safety on the job, trained or not. (There’s a difference between responsibility and liability) An on-the-job injury is presumed to be caused by inadequate equipment, inadequate training or both. Even deliberately violating safety rules is considered to be inadequate training.

There are two other, somewhat complementary, principles.

First, the owner/operator of a facility always holds primary responsibility and liability for safety at the facility - period. Some liability may be absorbed by contract with another employer or entity such as insurance or worker’s compensation; however, the owner/operator will always hold some liability. The best that can be hoped for is reducing liability by showing all reasonable actions were taken before an injury.

Second, all persons that may validly direct work are responsible for the worker’s safety. Even superiors that do not regularly direct work may be held responsible as long as they have the authority to direct work. In this case, the agency that assigned the worker. NOTE: The superior does not necessarily have to have “hire/fire” authority, just the authority to direct some aspect of the work. Oddly enough, a direct supervisor that exceeds their authority may have no liability at all; they may be fired, but unless they also did something illegal, they usually hold no personal liability.

 

[tekla019]

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