Answer Library / Machines & Electrical OSHA letter · 2019-05-06

When two utilities share a pole, who is the host employer under OSHA Subpart V information transfer rules?

Quick answer

Both utilities are host employers — each for its own installation on the pole (29 CFR 1926.950(c)). The utility without a contract with the contractor still must share required information once it learns of the work, and it can do so by any means that effectively communicates the information, including going through the other utility.

A safety training firm asked about a common power-line scenario: two electric utilities own and operate separate installations on the same utility pole. Utility 1 owns and controls the pole and hires a contractor to perform work that affects Utility 2's installation. Who owes the Subpart V information transfer duties?

OSHA determined that both utilities function as host employers. Utility 1 is the host employer for its own installation, and Utility 2 is the host employer for its installation. The definition permits multiple host employers on the same worksite when multiple installations are involved, though each installation has exactly one host employer (29 CFR 1926.950(c)).

For Utility 2, which has no direct contractual relationship with the contractor, OSHA explained it learns of the planned work through its existing relationship with Utility 1 or through the contractor's own assessment obligations under 29 CFR 1926.950(d). Once aware, Utility 2 must comply with the information transfer provisions. Utilities may exchange information directly with each other or through contacts with entities that do have contractual relationships, and the mechanism — telephone, email, meetings, or websites — is acceptable so long as it effectively communicates the information needed for compliance.

Finally, host employer responsibilities do not transfer between utilities: both retain their host employer duties for their respective installations throughout the project. The letter also references OSHA's Multi-Employer Citation Policy (CPL 02-00-124).

29 CFR 1926.950(c)29 CFR 1926.950(d)CPL 02-00-124
Source: OSHA Standard Interpretation letter, 2019-05-06 — read the official letter on osha.gov →
Interpretation letters explain how OSHA applies its rules to specific situations. Always verify current requirements — regulations and enforcement policies change.

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